The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-09
IMPORTANT CASES
IN HIGHEST COURT
Appeal OF Cashier Thornton, of
Charlotte, Argued and
Submitted.
BIG MORTGAGE TAX SUIT
Insurance Mems Appeal Partly
Heard-Try to Speed Road
Bond Case.
BIG MORTGAGE TAX SUIT

After long delay, the case of n. c.
Thornton. for many years cashier OF
the Charlotte Banking and Insurance
Company, was heard yesterday in the
Supreme Court of Appeals. The prls-
oner is under sentence OF two years
Imprisonment in the penitentiary for
having made false report on tho bank
to the State Corporation Commission.
Congressman III. u. Flood, arguing
the application for new trial, and
representing Thornton, opened the ar
Eumcnt. He said that Thornton had
become confirmed morphine con-
suner. and neglected to promptly an
swer correspondence. especially with
other banks. This led to complaints,
and at last the Circuit Court of Rich
mond appointed receiver. 1T is tho
contention of the defense, said Mr..
Flood that IL this receiver had not
been interfcred with the bank would
have paid out. But the Circuit Court
Of Charlotte later appointed receivers.
Accountants who worked on the books
disagreed, because of the confused con-
dition of the records. NIr. Flood un-
dertook to explain each item, which
was said to have been wrongly re-
ported. 10 show that the report was
really correct.
In reply, Attorney General Williams
contended that the proof OF false state.
ments was ample The case was sub
United.
BiE Tax Demanded.
Next on the docket came the case
of the PocahontaD Consolidated Collie
ries Company on an appeal from de-
cision OF the Circuit Court of Rich
mond This was submitted on briefs,
without argument This concern
placed mortgage of 100000 900 on its
Immense coal properties. two-thirds Of
which were iii West Virginia, in which
State nine of it's, eleven plants are
located. When 1t tried to record this
mortgage in fazewell, Clerk S. NJ. Ora
ham demanded payment of tax Of
$4,000, at the rate of 10 cents OIL the
500. The company complained that
this was unjust and Illegal as it was
the intention to issue bonds of only
s6,oO0.O00 at that time, and as the
bulk of its property is in another
State. The trust company, acting as
the fiscal agent, demanded the recor-
dation of the mortgage, and the tax
was paid under protest.
The Circuit Court of Richmond re-
fused to give Judgment for the return
of this tax.
Then came the case of Harris and
others against the Commonwealth.
Tho convicted men were officials of
tho Southeastern Underwriters Asso-
citation. and were fined In Newport
News for conspiracy In fixing fire in
surance rates. The case commanded a
great deal of interest az the time
Argument was begun bys Randolph
Harrison for the plaintins: in error
and continuance was had until this
morning.
a motion made in court yesterday
was for the removal of the case of c.
J. Moss against the Board of Super
vsors of Tazewell county from Wythe-
VILE to Richmond. 1t is desired to
have an early settlement of the dis
puted point over the s650,000 bond is
sue for good roads, as to whether the
magisterial districts can legally be
sponsors for the bonds issued by coun-
ties. This is another speed the case"
motion. so as to facilitate the issu-
uncc of the bonds. The court took it
under advisemcnt.
Memorials to Charles u. Williams
and William o. Shelton were presented
to the Supreme Court the former by
George Bryan and the latter by Wynd-
ham Meredith
On the docket to-day after the Har-
ris case. is that of Davis against the
Commonwealth. involving the construc-
ton of the peddlers' license law.