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THE ATLANTA GEORGIAN AND NEWS.
WEDNESDAY, NOVEMBER ZT.
FIGHTSSTATETAX
N FEDERAL COURTS
Injunction Suit Argued by
State and Com
pany.
Argument In the Injunction suit filed by
ib** Western I’nlon Telegraph Company
against Comptroller General W. A. Wright
to prevent the collection of n tux on Its
frniP’hlae. valued at $950,000. wan begun
before Judg" Xewinun In the Cnlt-d States
court Wednesday moraine. The state ft
represented by Attorney General Hurt nnA
the telegraph company by Attorney Albert
Howell.
The telegraph company contend* that It
in not subject to taxation by the state of
Georgia for Its franchise because It Is oper
ating under an net of the federal govern*
ment panseVI In 1tW6, and which guarantees
to It the privilege of stringing Its wires
and settles up poles along post road*, mil
it.iry roads, the navigable streams of fbe
government, etc. These privileges, con
tends the company,* are guaranteed It In
return for services which the company
render* the government In transmitting
can
At the beginning »i the argument Wed
nesday, Judge Hart submitted the answer
of the comptroller general to the rule to
show cause why the Injunction should not
be granted.
The 8tats's Contention.
It Is denied iu the answer that the
Western Culon Telegraph Company Is an
instrument of the government, and that
the tax Is levied on the Instrumentality
of the same. On the contrary. It In as
serted that the franchise Is subject to tax
in Georgia when exercised, and that It Is
no answer to the stsfe that Its franchise
so exercised was in part granted by an
other sovereignty. It was further answered
that the coiunlalnant, having submitted the
value of its franchise to a board of arbitra
tion. that It can not be annulled or set
aside by the court.
In answer to the argument of Attorney
Howell that the Western Union tinder the
act of ISfifi, Is an Instrumentality of the
govern ment. Judge Hart contended that
there is a distinction between nn agent of
th»* government nnd nn agent performing
functions for the government.
"The fact that tlie government baa given
the Western I'nlon post road, mllitury and
other privileges In the matter of stringing
id setting up poles. In return for
government agent.” said the attorney gen
eral. “The government does not own on#
dollar In the company nnd has only given
Its permission to operate along Its roads
and rivers so long as It does not Interfere
with others.*’
On tho contrary. Attorney Howell assert
ed that the act of 1S66 la virtually a con-
tract and that under Its provisions fhe
company Is granted a franchise in Georgia
and that when It Is taxed by the state a
government franchise Is taxed.
In reply to the comptroller general’s an
swer that the value of the franchise bad
been submitted to arbitration nud that It
could uot be annulled by the f’nlted States
court, Mr. Howell declared that the arbitra
tors. In their report fixing the value, state
they bad no Intention of attempting to fix
the legality of a tax upon It.
Tbs original assessment of the attorney
general waa as follows: Property. $1,018,140;
franchise. $1,404,820. The value of the fran
chise was reduced by the arbitration board
to $960,000.
Judge Newman took the case under
advisement when the argument ended
Wednesday afternoon and reserved his
decision.
\ATTENDANTS GATHER
FOR BIG WEDDING
VIRGINIA SOCIETY
TO GIVE BANQUET
The Virginia Society, of Atlanta, com
posed of seven I hundred Atlantans whd ore
natives of Virginia, has been Incorporated
and I" organising with n view to giving a
banquet on Hubert K. Lee's birthday, Janu
ary 19, at which several distinguished vis
itors will make addresses.
The Virginians of Atlanta have shown
great Inters! In the annual gathering, nnd
the former banquets have been well attend
ed. It Is exneeted Hint, under the now or
der. the gathering will be nn even greater
At a recent business meeting, the follow
ing officer* were elected: Maurice W.
Thomas, president; Charles J>. McKInnev.
secretary nnd treasurer, nnd a board of
directors composed of W. I". Chapin, J. C.
Gentry. W. li Harwell. I inn It. Harrs!. J.
S. It. Thompson and It. It Tov.
Names of Prominent Geor
gians to Attend Rivers
and Harbors Congress.
Resolutions Adopted by Ex
ecutive Committee of
Missions.
Prof. James H. Smith
Leave Business De
partment.
ms
Grave of Carrie Steele Is
Found Hidden by Long
„ Neglect,
Georgia will be well represented at
the rivers and harbors congress In
Washington on Decmber 4, S and <».
The commercial bodies of the state
and the mayors of the principal cities
have appointed delegates and In addi
tion a strong delegation has been
named by Governor Hoke Smith, who
was requested to supplement the lists
of names already selected.
Judge Oeorge Hlllyer, vice chairman
of the railroad commission, will be
umong those who will attend.
The executive committee of the Pres
byterian home mission board has
adopted the following resolutions upon
the death of Walker P. Inman, who was
one of the greatest friends of the mis.
Mon movement and a member of the
committee:
"Know ye not that there Is a prince
nnd a great ninn fallen this day In Is
rael'.*”—2 Sam’l., 3:38.
Whereas God In His all-wise but In
scrutable providence has removed our
fellow member and co-worker, Walker
P. Inman, from the sphere of his earth
ly labors to enter upon “the rest thut
remalneth to the people of God:”
Therefore, be It resolved by the ex-
Professor James H. Smith has ten
dered his resignation as principal of
the business department of the Boys’
High School.
Professor Smith has extensive out
side interests which occupy most of
his time, and he finds that he Is unable
to look after these matters nnd at tho
same time properly perform the duties
which devolve upon him as principal
of the business department of the Boys*
High School.
Professor Smith has been principal
since the Inauguration of this depart
ment, and to him is largely due the
* redlt for Its success. The resigna
tion will be accepted by the board of j
education at the regular monthly meet-»
ing, which will be held Wednesday aft
ernoon, Instead of Thursday, widch Is
Thanksgiving. His successor will
probably be chosen later.
The board of education will also elect
a successor to Miss Myrtle Smith, the
principal of the Fraser Street School,
Who died last Saturday.
Miss Mary W. Posted, the assistant
principal. It Is stated authoritatively,
will be chosen for this position.
ADAMS ADJUDGED IN8ANE
IN ORDINARY’S COURT
NEGRO MINSTREL
LANDS IN CELL
Theaa are resurrecting and renovat
ing days out at Oakland cemataiy*
Under the guidance of tha cemeteryi
commission recently created by coun-)
Because carter Lockhart, a negro
trick bicycle rider, who belongs t<» a
troupe billed for Turner's Chapel Wed
nesday evening, made himself objec
tionable before the Houston Street col.
y afternoon; the
j the police and
The negro wna
— ... attire, and waa
performing on his bicycle In front of
the school. He was locked up at police
headquarters.
cl! tha old cemetery Is beginning to.
look more like a respectable •'city of*
the dead.’*
About twenty men have been at worlci
for the past month cutting down old]
trees, filling In deep caves and abysses,!
straightening tombstones and marble j
slabs and re-grading the w*alka and.
driveways. .. .
Many graves have been found lit
erally burled and lost beneath a cov-.
©ring of honeysuckle vines, shrubbery
and weeds. Particularly Is this true
In the potter's field, and more partic
ularly In that part devoted to the ne
groes.
Carrie 8teele’e Grave,
Among the negro graves found .«>>
burled was none other than that of
Carrie Steele, the kind-hearted old ne
gro woman who used to dispense char
ity and sunshine at the depot and who
was the founder of the Carrie Steele
< uphanage.
The cemetery Is about filled up, and
every possible step Is being taken to
ored school Wednesday
principal complained to
fx’khart was locked up.
decked out In clown's r
! SUPPER AND DANCE
FOR CHURCH FUND
Preparations are now being made by
the ladles of 8t. Anthony’s Guild for an
oyster supper and dan* «* to be given on
the night, of December *'• at Turn-Ve-
reln ball In North Forsyth stieet, and
the Indications are that it will be well
attended.
The supper Is being held, by the
ladies for the purpose of raising funds
toward building a new church In place
of the edifice now used at 8t. Anthony’s
and all the members are* working ener
getically to make the affair n success.
Mias Kate Lambert, treasurer of the
guild. Is chairman of the committee ar
ranging for the raipper and danct*. and
she fs being assisted by Mrs. W. L.
Btidwell, tin* president, and Mrs. John
King, secretary.
"With us his name shall live
Through long succeeding years,
Kmbalined with all our hearts can give.
Our praises and our tears.”
4. That we bow with meek nek* to the
will of Him who "doeth all things well.”
praying that our kind Father In heaven
will cause the mantle, or our beloved
friend to fall upon some worthy suc
cessor.
5. That a blank page In our record
book be lovingly Inscribed to his mem.
nrv. •
6. That a copy of these resolutions
be furnished the bereaved family with
assurance of our Christian sympathy
In their sore bereavement, sitting in th**
shadow of this great sorrow.
Special to The Georgian.
Clermont, Ga. f Nov. 27.—The court
•»f ordinary heard the case of Allle
Adams at this place yesterday and he
was adjudged to be Insane. Adams Is
the young man who attempted suicide
iind some lota that might have been
overlooked or that could In some way
be provided.
It was found that when the street
and driveway that separates the white
cemetery' from the negro section of the
potter's field was laid off In some way
a small section of about twenty negr»
graves remained on the white side.
•The commission decided to remove
these negro graves to the negro side
and accordingly the bodies have been
disinterred and then re-interred In new
coffins on the other side. JT
This left a plat of about 190 f t
by 60 feet, which will contain about
thirty lots, and which will be dlapo—l
or by the commission. . 3
The atone wall around the cemetery
on the South Boulevard side Is be! • *
made abo&t 6 feet higher in order that
the paupers' cemetery.may not be !
us a short cut or for a rendezvous for
loafers and mischief makers at night,
as. it is stated, has been the case be
fore.
All the trees In the potter's fl»-r*i .< •
being cut down. It Is stated that they
grew up of their own accord, and in
addition to being Irregular an.! * o-
Mghily would not produce a pretty
f'liage. -The cemetery will be nud*
t*» look like a beautiful lawn. If the
ideas of tha commission are carried
OUL
by trying to cut his throat a few days
ago.
Store Burglarised.
Waters Bros.' store, 21*2 Magnolia
street, was entered by burglars Tik%*
day night and a lot of groceries stolen.
The police are Investigating the bur
glary.
SUPREME COURT OF GEORGIA.
Middle Circuit.
Amands Dunlap vs. C. W. Seals, from
Toombs. Argued.
A. II. proctor rs. E. R. Crocker, from
Toombs. Snbmltted. .. ,
Armour ft Co. rs. C. V. Burkhslter, from
Tuttasll. Argued. _ „
Msrjr Kleklighter. next friend, ts. P. R-
Gross, administrator, from Tattnall. J>l*
missed.
Mrs. L A. Conner v*. G. F. Flanders,
from Emanuel. Submitted. .....
Abraham Ymingblood vs. N. S. Wood
ward. from Washington. Argued.
Thomas Hewitt vs. S. C. Lamb, from
Washington. Argued.
. J HjPrior vs. W. L. Prior ©t at, from
The Augusta circuit will !»* In order on
Friday.
COURT OF APPEALS OF GEORGIA.
**l. Cndler lrfvr.lm.nt Company v«.
Mte Cox aud Tice versa, from kultou.
Flames Scare Lunatics.
Morristown, N. J.. Nov. 27.—Fire
from a mysterious origin on the top
floor of the house occupied by women
nurse* of the Morris Plains State In-
sune Asylum caused a panic among
the patients today, and the attendants
had great difficulty In restraining a
wild stampede. No patients escaped.
cWIWST **orx
Washington, Nov. 27.—All guest* »nd
member* of the wedding party .are as
sembled In Washington today for the
marriage this afternoon at 4 nVkJck of
Miss '-Itlltli Root and l.'lys cs 8. Grant
IP. at »hn l<me <f the bride’* purer,!*.
F*-tr»fary of Blare and Mis Root.
Ml*a Edith Waft-:. „f New York, the
bride s cousin, will he Ml-* R.kU's only
attemlant.
Potter Pa’mer, « f Chicago, the 1m ?t
man. at rived fa*t nf*?bi w»:?r hfs mnth-
i r. Mr:, P*»tter Palmer.
.Many costly gifts a.a well a* historic
l-.ilri'Jomi have been received by the
At Moore Memorial.
At Moore Memorial Presbyterian
•hurch spccl.il Thanksgiving services
\ III be held at 10 o’clock Thanksgiving
'hurch and
RATS IN MATCHES
CAUSE $50,000 FIRE
AT ANNISTON
Thanksgiving at Lutheran Church.
Special Thanksgiving service" will be
held at the Lutheran #’hurch of the
Redeemer on Thanksgiving day at 11
•/clock. The pastor, Rev. & C. Cronk.
announced to the congregation on last
Sunday that the annual report Just
made to the Georgia »yn**d revealed u
year of especial blessing.
There hex not becu a death in the
• oiigregatton during the entire year.
There w>re efghty-six accessions dur-
day. AH member* of the ...
stranger* are cordially Invited.
ft pedal :o The Georgian.
Anniston, Ala, Nov. 27.
and stock of B«II & Weathi
sale grocets, wa* destwye.
an early hour this morning,
of tho fire I- thought to
from rats gnawing In a box
The loss is $60,000, fully cot