The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-04

I
Editors Intelli0eneer
Section 1st. Article Sth, Of the Con-
stitution of West Virginia says: "Tax-
alton shall be uniform throughout the
State, and all property, both real and
personal, shall be taxed in proportion
to its value, to be ascertained as direct
ed by law.
No one species OF property upon which
tax may be collected, shall be taxed
higher than any other species OF prop
erty of equal value" Then follow ex-
ceptions in favor of educational, litera-
| ry, scientific, religious or charitable
purposes and public property which
may be exempted from taxation.
The seventh section of the act passed
March 9Th, 1877, entitled "an act to au-
thorize the Baltimore and Ohio railroad
company to construct the extension OF
their railroad through the territory of
Virginia. provides s'that the stock,
property and profits OF said company,
so far as the same may be or accrue
within this Commonwealth, shall be
subject to general taxation in like man
ner and on the same footing with other
similar companies within this State
Provided, however, that said taxing
power shall not be exercised until and
unless the net income of the said Balti-
more and Ohio Rail Road shall exceed
six PEE centum per annum upon their
capital invested" .a..4.#t .
The eighth section ofsame act provides
that the General Assembly reserves the
right to alter, amend, DC; provided
that the rights of property and fran
chises acquired under this act, and the
free use and enjoyment of their rights
and privileges, as granted by this or
any former act now in force, shall not
be taken away or impaired by any such
further act OF legislation. ..1.
The Sixth section of same act pro-
vides that the Baltimore and Ohio
Railroad Company Hshall be subject to
the provisions of the act of the Assem-
bly,, passed on the eleventh day of
March, 1887, establishing general resu-
lations for the incorporation of Rail
road companies, with respect to that
portion of their road or other improve
ments 7lOIO or hereafter to be constructed
tOitIIn thiS Commonwealth, so far as the
same are properly applicable, !" and then
follow rates OF toll for transportation
and travel.
The thirty-fourth section OF chapter
81, Code of lS40, reads as follows: The
charter ofevery company which is gov
erned by the act passed on the 11th day
of March, 1887, prescribing certain gem
eral regulations for the Incorporation
of railroad companies, and for every
| company hereafter Incorporated, which
shall be governed by this chapter, may
be altered or modified by any future
legislation, as IL may seem proper, ex-
cept that no law shall be passed for
taking from company its works or
property without making to it just COM
pensation, or for changing its tolls
without its assent, in any other cases
than such as are especially provided for
| in this chapter"
1t is admitted that the rights of
property and franchises stipulated in
the above Sth section cannot be evaded
ia <Rn TyIfhnnt "a -
the Company created by this charter,
| or for mere stipulations on the part of
the State of Virginia, and that it is a
settled principle that corporations are
subject to taxes or assessments as
owners and occupiers of land and other
property, as individuals, when their
charters contain no stipulation of ex-
emption. This we hold to be fixed and
settled, if anything human can be said
to be settled. The rate of taxation is
established by law of the Legislature,
and when exercised wisely, is regula-
ted by the real wants of the State. 1t
is n levy by law upon all the property
ofthe State, real and personal, except
such as is exempt by law, or stipula-
tions in charters granted before the
adoption of the present constitution of
West Virginia. The rate of taxation is
a sliding scale, to be raised or lowered
in proportion to the actual, not i'm
exemptions in violation of the funda-
mental law can be made. These pos
sible exemptions under our Constitu-
tion, are property FUSED for education
al, literary, scientific, religious or
charitable purposes, and public proper
ty," and the franchises acquired by
companies or corporations before the
adoption of the present constitution.
The stipulation in favor of the State
in the charter of the Baltimore and
Ohio Railroad Company is "that the
stock, property, and profits of said COM
pauy, SO far as the same may accrue
within this commonwealth, may be
subject to general taxation in like man
ner and on the same footing with other
similar companies within this State"
The State of West Virginia now pos
sesses all these rights in the same
manner and to the extent that the State
of Virginia possessed them at the date
of the passage of this act.
The stipulation in favor of the COM
pany is that the taking power shall
not be exercised until, and unless, the
net income of the said Baltimore and
Ohio Railroad shall exceed six per
centum per annum upon their capital
invested" 90.
What follows upon this state of facts7
ManifeStly, that when the stipulated
exemption ceases, the right to tax re-
verts to the State. When the net in
come of the road exceeds six per cent.
the State has a right to tax the prop
erty of the company. Any general law
regulating the rate of tax which may
have existed under the old State, or is
continued in force in the new State,
cannot be pleaded against the right of
West Virginia to tax the property of
railroad companies simply from the
fact that such law may have existed at
the date of their charters, or was al
luded to in such charters after the pas
sage of the law, any more than can the
land holder, or money lender, plead
that at the time he became possessed of
such land or money that the rate of tax
was certain per centum upon its
value, and, therefore, any increased
taxation was illegal.
The State of Virginia never agreed
that certain rate of tax, no more, nor
less, should be assessed on the property
OF railroad companies, or any other
property lee 5-4l zr .tl.-a
1t agreed that it would not tax the
road until the happening OF aicertain
event, which event has happened; there
fore the right to tax exists. A certain
rate of tax was established by law upon
the property of railroad companies, but
it was not agreed that such rate should
not be increased or diminished; there
fore the Legislature has the right to In
crease or diminish the rate of per cent
of tax upon their property.
1t being a part OF the fundamental
law of the State, that all species of prop
perty shall be taxed in proportion to its
value, Except the exceptions above
named,) it follows that unless these
companies can bring themselves within
these exceptions, or an express stipula-
ton by the State to the contrary, that