The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-29
CHARGED BIG FEE
FOR RECORDAT|0N
Galleries Company Secures an
Appeal in the Supreme
Court.
USES STRONG LANGUAGE.
Was Asked $4,000 by Clerk, and
Was Forced to Come
Across. ~

fACIOSS.
It's petition filled with Language
more forcible than polite. and involv,
ing large sum collected as tax fol
recordation of a trust deed, the Poca.
hontas Consolidated Galleries Com
pany was yesterday granted in the
supreme Court an appeal from deci.
sion of the Circuit Court of the city
of Richmond. The appellees are the
commonwealth of Virginia and Nor
ton Marye. Auditor. JOHN III. Holt, OF
West Virginia, and Henry & Graham
OF IazeWell, are the attorneys for the
company, and Attorney Will
| liams Will defend the case
The Pocahontas Consolidated Collier
les Company lost its temper over the
payment of a fee to the clerk of the
Circuit Court of Tazewelr county. 1t
thinks the enforced payment of this
large amount of $4,000 was an out
rage upon 1t, and is something which
was most reprehensible.
1t seems that the company, after Its
merger with another coal company,
decided to issue S2o,0oo,ooo in five per
cent gold bonds. or this amount So
100000 was to be sold to retire pre-
ferred stock and for operations
The remainder was to be issued only
to reimburse the merged corporation
for new property acquired or to buy
not less than 81 per cent of the stock
of other concerns, not exceeding 10
per cent. of the cost.
Wanted Big Fee.
10 SeCllrn fha hnpiS dn9I c
was drawn up and executed to the
New York Trust Company as trustee.
This deed was presented to the clerk
at Tazewell to be recorded, and this
official said 1t would cost the small
fee of $4,000.
Upon hearing this verdict, the petit
toner says. it was panied, amazed.
astounded, astonished, mortified and
several other things. The clerk
couldn't see it any other way. He ex-
hibited the law, which levied a tax
of 10 cents on each 500 OF mort
gage bonds.
In vain did the company plead that
only about one-third of the property
mentioned in the trust deed was To-
Gated in Virginia, and that the other
rWo-thirds was in West Virginia, and
further that it was only going to is
way. Attorney General Anderson, be-
ing appealed 10. said that there was
no law, as he saw it, allowing the
cost TO be divided as was the property,
excepting in the case of railroads. The
Collieries Company. which is one of
the largest producers of coal in the
United states. had to pay the $4,000
to get its deed recorded, for the trust
company would not allow the issuance
of bonds until it had been done. 1t
sued the State for the recovery of
$1s,295.64 of the amount. the division
being made on the basis of acreage.
1t lost in the Circuit Court.
Hurt Badly.
The fact that railroads would not
be required to pay this tax under the
circumstances rankles especially in
the bosom of the Pocahontas concern
We have never" it says in the petit
ton, heard of benevolent services
gifts and benefactions bestowed upon
the public by railroad, telegraph anc
telephone companies which makes II
fitting that they should be the re-
cipients of these $4,000 bounties
which others must pay"
| Such like language is strewn ovel
scores of pages of the petition. 1t j:
/ :
declared, likewise an imposition ant
something of which the State ough
to be ashamed. Besides. the pape
says 1t does not believe so badly o
the Legislature s to think 1t woult
intend to do such thing as tn
ACCOMPLISHMENTS construction Of TIL
law. 1t calls the ruling a free luncl
counter for the railroads. 1t is shee
spoliation, it says, with regard to it
own troubles 1t might as well throw
the money into James River. for i
gets no good from 1t. It quotes "A. j
Montague, when Acknowledgement, a
ruling in another matter that the cos
could be divided in proportion as tn
property was in different States.
Former Attorney General Anderson
seemed to have ruled that the com
pany could have excluded it's Yves
! Virginia property from the mortgag
deed and have SO arranged 1t as t,
avoid the payment of all the amount
The case will be heard perhaps mex
! spring