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About The Henry County weekly. (McDonough, GA.) 18??-1934 | View Entire Issue (Nov. 22, 1907)
GEORGIA LOSES IN HIGH COURT D.c sion is Against the State in Noted Back Tax Case. LARGE SUM INVOLVED Georgia State Supreme Court is Overruled. Commonwealth and Counties Lose About SBOO,OOO. Georgia lost out In her famous “back tax case” before the supreme court of the United States in a decision ren dered Monday. This famous suit that was brought hy the comptroller general against tho Georgia Railroad and Banking com pany and the Central of Georgia Rail way company to collect taxes, since 1895, on 30.000 shares of stock owned in the Western Railway of Alabama, by these roads to the extent of 15,000 shares each. The aggregate of taxes sued for was about SBOO,OOO, and in the event the state had won and colected these taxes $300,000 would have gone for state taxes and $500,000 for city and county. Richmond county and Augusta would have bewen the favored ones in the 'Georgia Railroad and Banking com pany case, and Savannah and Chatham oourity in the Central of Georgia case. The suit has been in some court for the past five years. It was first brought in the federal court before Judge New man, and the decision went against the state; it was taken to the court of appeals and again the state lost, and on a certioriari carried to the supreme iourt of the United States, where-the state won it. It was brought again into the state court and carried through the supreme court of Georgia, where the state won it, to the United States supreme court, from whence the decision came. Comptroller General Wright was dis appointed to learn of the reversal of the Georgia supreme court by the Uni ted States court. He was unable to tell why one case should have been finally decided and another sent back to the state courts for further pro ceedings. Judging from the dispatch from Washington he was of the opin ion that the state had lost absolutely in the Georgia railroad case, while in in the case of the Central of Georgia, arbitration between the state and the railwa3 r will result. The detailb of the decision are told in the fallowing dispatch from Wash ington : “The case of the Georgia Railroad 'Company against the tax authorities of Georgia and of Fulton county, in that state, involving the right of the state to collect back taxes on the stock of the Western Railway of Alabama, a foreign corporation, was decided today by the supreme court of the United States against the state. “The taxes, which it is sought to col lect, run back to 1895, and the com pany alleged not only that they were excessive, but that they were discrim inative, because no such proceeding has been undertaken against any other road, the legal contention being this was a denial of equal protection un der the law. The opinion was by Jus tice Day. “Justice Day also delivered the opin ion of the court in the case of the -Central of Georgia Railway company vs. William A. Wright, comptroller general of Georgia, and John W T . Nelms, sheriff of Fulton county, Georgia, in favor of the company, thus reversing in both cases the decisions of the su preme court of Georgia. “In the second suit the railroad company sought to evade responsibil ity for taxes on stock of the eWstera Railway of Alabama. The controversy was further complicated by the cir cumstances that the stock is in the possession of the Mercantile Trust com pany of New York by which it Is held to secure the payment of $5,000,- 000 worth of bonds, but the Georgia court held that as the substantial and beneficial ownership of the stock is in Georgia it is liable to taxation in that state.’’ In his opinion Justice Day dealt en tirely with the Georgia process, which denies to a taxpayer opportunity to be heard in any proceeding to collect tax es in cases in which he has failed to make a tax return of such property be cause -of an honest belief that it is not taxable, and he concluded that the Georgia state law, as construed by the supreme court of that state amounts to a denial of due process of law. It Builds Force -21 Georgia Cullings purtailed Items of Interest Gathered at Random. To Vote on SIOO,OOO Bond Issue. The commissioners of Ben Hill count> have ordered an election on December 20 for the purpose of voting upon the issuing of county bonds to the amount ef $100,000; $65,000 to be used for a new court house, $15,000 for a jail and $20,000 for roads and bridges. There is no doubt but that the people will endorse this action of the officials at the polls. Action at this time was taken upon the recommendation of the last grand jury. * * * Statesboro Gets Station. A letter received in Statesboro from the agricultural department at Wash ington officially confirms the action ol the government expert who visited the section some time ago and recommehTT ed that a corn and cotton experiment station be established. The station is to be conducted by ex perts from the United States depart ment of agriculture. It is to be located on a part of the First district agricultural school property, about one miie fiom town. * * * Wo r k on College Buildings Stopped At the recent meeting in Carrollton of the board of trustees of the fourth district agricultural college suspension of the work on the buildings was or dered. This step was found to be necessary, and was unanimously agreed upon by the trustees, in view of the decision of the superior court that county funds ary not applicable to this school. Suit was made by taxpayers of the county some time ago to prevent the collection of a special tax for the construction of these buildings, and the decision hand ed down in favor of the taxpayers lias made it necessary to discontinue work, and accordingly the opening of th» school will be indefinitely postponed. * * * Finley Sheds Little Light. President Finley of the Southern Railway, in his long letter to the railroad commission, states that the Southern sold the Central of Georgia to Oakleigh Thorne and Marsdcn J. Perry on June 26; that it was a bona fide transaction and so far as the South ern is concerned its connection is at an end. It is stated that President J. F. Hanson of the Central called upon the commission on November Bth and ask ed for an extension of time in which to file with the commission documen tary evidence and statements called for by the commission and his request was granted. * * * Division Affirms Sentence. Because there is a division among the - six associate justices of the su preme court of Georgia in the case of James S. Yates of Decatur county, sen tenced to serve a life term in the pen, following his conviction for murder, this sentence stands affirmed and no new trial will be given him. - Three judges on a side split the court. Three hold that the judge iu charging the jury so stated the case a 3 to mistake the defendant's contention and calculated to lead the jury to be lieve that the defendant had admitted that the homicide was an unlawful act. The lav/ in cases of this kind is to the effect that the decision of the lower court must stand affirmed. This de nies him a new trial, and. in conse quence, he must serve the balance of his days in the pen. * * * On Dollar-for-Dollar Basis. In a letter addressed to H. E. Har man, president of the Southeastern Trade Press Association, Chairman Mc- Lendon, speaking for the commission, declares: “It was not the purpose of the order of the commission in ques tion, nor has this board authority, to prohibit newspapers or any other par ty from entering into contracts with railroad companies.” This is in regard to newspaper advertising contracts. What is medicine for? To cure you, if sick, you say. But one medicine will not cure every kind of sickness, because different medicines act on different parts of the body. One medicine goes to the liver, another to the spine, Wine of Cardui to the womanly organs. So that is why Wine of Cardui has proven so efficacious in most cases of womanly disease. Try it.' Mrs. Wm. Turner, of Bartonvifle, 111., writes: "I suffered for years with female diseases, and doctored * without relief. My back and head would hurt me, and 1 suffered agony with bearing-down pains. At last 1 took Wine of Cardui and now I am in good health.” Sold everywhere, In SI.OO bottles. 11/DfTF l!£ A I FTTFD Write today for « free copy of valuable 64-paffe Illustrated Book for Women. If you need Medical TV fall ft* UJ 1 1 Lift. I I Llrn ce - describe your symptoms, sUtln* age. and reply will be sent In plain sealed envelope. Address: Ladles Advisory Dept., The Chattanooga Medicine Co., Chattanooga Tenn. Continuing, he writes: “The purpose of this order is to prevent the issuance by railroad companies of transportation except upon a strict dollar-for-dollar basis.” This letter would seem to settle the question whether a newspaper has a right to exchange advertising for trans portation, and the commission holds that this can be done when carried out on a strict business basis. * * * Comptroller General Restrained. Under the application of the West ern Union Telegraph company, Judge Newman of the United States circuit cchrt for the northern distriot of Geor gia, at Atlanta, has granted a rule nisi enjoining Hon. Wilbam A. Wright as comptroller general of Georgia from certifying or taking any »teps toward the collection of any franchise taxes against tho Western Union Tel egraph compan-yAn Georgia setting the main case for hearing on Wednesday, November 27, 1907, at Atlanta. The complaint alleges, in substance, that the telegraph company operated in Georgia under and by virtue of the pest roads act of congress passed iu iB6O, and that in accepting the pro vsions of the federal act the company became obligated to handle all govern ment dispatches by preferred service and at reduced rates, to be fixed arbi ttarily by the postmaster general of thr United States "and became bound to surrender its entire lines, system and property to the government at any tim> on a basis provided by the act. In return, the bill alleges, the gov ernment guarantees to the telegraph company the right to construct, main tain and operate linqs of telegraph in and through the various states of the upion, without improper interference. Further on the bill attacks the const!- tuionality of the entire franchise tax act passed by the Georgia legislature iu the year 1902, and asks that Eaid act be decreed null and void. * * * Thanksgiving Proclamation. Governor Smith has issued the fol lowing Thanksgiving Day proclama tion: “The people of Georgia have ayain approached the season when, In ac cordance with time-honored custom, the governor issues his proclamation setting aside a day of prayer and thanksgiving for tho blessings which Almighty God has so bountifully be stowed upon us. “This duty is not performed in a perfunctory spirit. “We are so signally blessed that ev ery day should find our hearts filled with reverent gratitude, and we should hold Thanksgiving Day in special re gard and fittingly observe it, remem bering in the midst of our own good things the less fortunate of our people, so that every heart may rejoice in this festival of the harvest time. “We live in the enlightenement of the highest Christian civilization, with the Church bells of a thousand spires call ing U 3 to worship God, each according to the dictates of his own conscience. We are at peace with all the world and no strife disturbs the tranquility of our state. No famine brings hun ger and starvation; no shock of earth quake lays waste; no floods desolate; no pestilence scourgses. Bountiful Providence has filled our barns and plenty has showered her blessings ev erywhere. “What more could a people ask than has been vouchsafed to Georgia? Can we not, then, with the deepest grati tude to the Giver of "All Good Things, lift our hearts with thankfulness and ask Him, Test we forget,’ to guard U 3 against pride, vainglory, selfishness and ingratitude? “Fololwing the custof of my hon ored predecessors, I, Hoke Smith, gov ernor of Georgia, do hereby set apart and proclaim Thursday, the 28th day of the present month of November, a day for general thanksgiving and prayer, and I recommend that on that day the people, as far as they can do so. shall cease from all their daily labors and in their homes and in their houses of worship shall ponder upon the many blessings which they have received, give thanks to God and pray TAX COLLECTOR'S NOTICE. I will be at the different precincts on the days mentioned for tho purpose of collecting the Stato and County Taxes for the year 1907. OCT. NOV. DEC. Hampton 2 4 and 22 13 Sixth 3 6 “ 25 Flippen 4 7 “ 26 Stockbridge 7 8 “ 27 16 Shake Rag 8 11 “ 28 Brushy Knob 9 12 “ 29 Loves 10 13 '•••2 McMullins 10 14 4 Beersheeba 14 15 5 Sandy Ridge 15 18 9 Tussahaw 16 19 10 Locust Grove 17 20- 11 and 17 Lowes 18 21 i 2 Snapping Shoals 10 o’clock A. M 6 Island Shoals I o’clock P. M '••■6 Woodstown 2 “ P. M 6 FOURTH ROUND. Hampton Friday December 13 Stockbridge Monday ‘ ‘ 16 Locust Grove Tuesday “ 17 McDonough, Court Week, First Tuesdays and Satur day untii books are closed, Dec. 20th. SEAB HARKNESS, T. C. Henry Co., Ga. SOUTHERN ARRIVE FROM From Birmingham, Chattanooga. 1.50 and Atlanta A. M. Jacksonville, Brunswick 4.41 and Macon A. M. Washington and Atlanta 0.80 A. M. Washington and Atlanta 7.10 A. M. Columbus, Ft. Valley, Griffin 10.30 A. M. Hawkinsville, Cochran, Macon 10.40 A. M. Brunswick, Hawkinsville Macon 2.40 p.m. Birmingham, Chattanooga, 2.40 and Atlanta P. M. Washington and Atlanta 5.50 P. M- Washington and Atlanta 7.38 p. m- Macon and intermediate 9.25 Stations p- m. Columbus and Griffin 9.35 P. M. ALL TRAINS RUN DAILY Above schedule published only as information ami is not guaranteed. Effective July 29, 1907. G. R. PETTIT, Traveling Passenger Agt. flacon, Ga. that they may not become unmindfu* of His goodness and mercy. “Iu testimony whereof, I have here unto set my hand and caused the seal of the executive department to be at tached. “Done at the capitol, in the city of Atlanta, this the 14th day of Novem her, in the year of our Lord one thou sand nine hundred and seven, and of the independence of the United States of America the one hundred and thir ty-second. “HOKE SMITH, Governor.” SIXTH DISTRICT SCHOOL OF AG RICULTURE AND DOMESTIC ECONEMY Barnesvllle. Ca. Will open its doors to slulents on .Jan. Bth, 1908. Parents who wish to give their boys nnd girls a practical as well as a literary edu cation will do well to investigate the merits of this school. Our first aim is to make strong, manly, suc cessful men and women—physical ly, mentally, morally. For cata logues and other information apply to Thos. G. Scott, Barnesville, Ga. RAILWAY DKPAHT FOR Jacksonville, Brunswick 1.60 and Macon a.m Birmingham, Chattanooga. 4.4 t and Atlanta A. m GrifFin and Columbus 0 80 A. m. Brunswick, Hawkinsville Mason 7.N> a.m Washington and Atlanta 10.E0 a. m. Washington and Atlanta 10.40 A. M Birmingham, Chattanooga 2.40 and Atlanta p. M. Ilawklnsyllle, Cochran, Macon 2.40 p. m. Columbus Ft. Valley, Oriflln 6.60 P. M Macon and intermediate stations 7.08 p. M. Washington, Birmingham, 9.25 and Atlanta P. M. Washington, Birmingham, 9.85 and Atlanta P. M. ALLEGES CATHERINE WAS BAD. Howard Gould Files Sensational Affidavit Against Hi 3 Wife. An affidavit setting forth on informa tion and belief that, prior to her mar riage to him, Katherine Clemmons’ re lations with William F. Cody (Buffalo Bill) were criminal and meretricious, was flletl in the supreme court at New York Thursday by Howard Gould. The affidavit declared that prior to their marriage Miss Clemmons told him that her relations with Cody were purely of a business nature, but that he has since been hi formed and be lieves that he cau prove, that this was not true. TEN PER CENT. WAGE CUT. Telegraph Companies Reported to Have Taken Such Action. Announcement was made in Mont gomery, Ala., Friday night that both the Postal and Western Union tele graph companies have instituted a cut of ten per cent in wages of all em ployees effective November 15th. The claim is advanced that both companies have acted in concert in all offices throughout the country In taking this ; action.
