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Show Cities Can't Tax Telegraph Poles. St. Louis, February 3. The case of the Western Union Telegraph Company for failing fail-ing to pay their tax on poles, which has been pending in the Court of Criminal. Correction Cor-rection for nearly a year, was decided yesterday yester-day by Judge Noonan. The city ordinance provides that the city can levy a tax of $5 per pole on all poles erected within the city limits by telegraph companies. When the collector attempted to collect this tax the company refused payment, and prosecution was at once instituted by the city in ihe police po-lice court. When the matter came up before Judge Cady he discharged the defendants on the ground that the ordinance was unconstitutional, unconsti-tutional, and therefore invalid. The city appealed from the deoision to the Court of Criminal Correction, when Judge Noonan yesterday affirmed Judge Cady's decision on the same grounds. He holds that the city can regulate the erection of telegraph poles, but cannot levy a special tax of 5 per pole. The case will go to the Court of Appeals. |