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j I j I I LATONIA LICENSE CASE HEARING. Covington, Ky., October 27. The Latonia race track annexation case came up for hearing before Judge Uarbeson in the Kenton County Circuit Court. The principal fight av.is precipitated over a motion made by City Solicitor Schmitz to strike from the petition all that part of it relating to the preliminary resolution adopted by the board of commissioners at the instance of Mayor Craig, causing the solicitor to prepare the necessary annexation resolution and setting forth that the annexation of the race track Avould authorize the city to tax the property by Avay of license 0,350 per annum, or at a rate of 00 per race. Mr. Schmitz contended that it made no difference Avhat the purpose of the city Avas in annexing, the question Avas one merely addressing itself to the city as to Avhether or not it desired this annexation. Harvey Myers, representing the track, argued that the purpose of the city, as set forth in the resolution, shoAAed it to be merely for revenue and that that Avas not sufficient in order to authorize annexation.- "This statute requires," said Mr. Myers, "that some benefit must accrue to both the city and the territory annexed, unless it AA-as necessary to the future growth of the city that the property should be annexed regardless of the benefits. He said he Avas not surprised that the city and its represent-i ti-es AAere now ashamed of the ridiculous resolution passed, and it AAas no AA-onder they desired hoav to suppress it, but, said Myers, if the mayor of this great city insisted upon projecting his nether ex-i tremities into a position Avhcre they may be soundly kicked, it AA-as the mayors fault only. The resolution was more or less a political moA-e, and Avas couched in such alluring terms that the majority of the board of commissioners AAere afraid to vote against it, although every one of them knew it Avas an outrage. It Avas said that even the commissioners and the entire city smiled Avhen the amount of license tax AAas mentioned, and that commissioners had no idea of enforcing any sucii tax, but that it Avas purely partisan politics." Myers stated broadly that there AAas something deeper and beyond which caused this resolution to be introduced, and that at the proper time the real reason for it Avould be apparent in this case. Judge Harbeson ordered the case submitted next Monday, and the parties Avill file briefs in the meantime.
