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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