The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-12-18

Chapters 127, OF the death or chang
OF parties &c aud $50, Of evidence wer
passed. ..ar.
Adjourned. s.
HOUSE OF DELEGATES.
Prayer by Rev. DR.. Taylor. of New
Jersey.
Mr.. Ferguson. of CAbell, from tn
Committee on Revision. reported IN
chapter on education, and frOm th
joint special Committee on Railroad
Taxation. n substitute for section 81 O
the chnpter on assessments.
Mr.. Heermans, from Che Financ,
Committee. reported back the bill
making nm appropriation for paymen
OF militia claims favOrahly reported on
with substitute. Laid on table.
Mr.. Gold, by leave, introduced IA bill
TO refund to John w. Stuart, of Berke
ley county, certain taxes enormously
assessed.
The bill chnrtering the Cen;ervilIt
and Elk River Turnpike Company was
passed.
The chapter on assessments was taken
up and certain amendments proposed
by the Committee on Revision were
agreed to.
The substitute proposed by the spe.
cial committee for tho section in regard
| to railroad assessment coming up,
| IL the existing law, the act of 1868. He
was very much disappointed in the re-
port of the Committee. ltStruck at the
very foundation of taxation of any
kind for railroads. He believed, If il
passed. the Baltimore IS Ohio Railroad
would not pay IL cent OF taxes, State,
county, township, city, or any other.
He referred to the provision that the
valuation to be made by the company
should be with reference to the nett
earnings OF the said company within
this State, as compared with the costs of
its property therein" He said this WAS
incorporating the very argument made
by the attorneys of the road why the
road should not he taxed at all. He
said the report was not what the com.
mittee had agreed on. The committee
had agreed to report the Ohio law. lie
had not that law before him,
but he would read the provis-
ion OF the Ohio Constitution
on this subject, aud the Ohio law
must and did conform to it: "The pro-
perty OF corporations now existing, or
hereafter created, shall forever he sub
ieCt TO taxation the same HS the prOper-
" OF individuals" This report pro.
posed that. " hile other property was tax
ed by the counties just as the counties
saw tit, that OF railroads might be taxed
as much AS they We're taxed by the
State but no more. The report c0uctd-
ed all the Baltimore and Ohio RlilrOad
claimed. Ifthefr claim was just, there
wns no need to enact such a law; il not,
this would grant all that is claimed. Il
would be unjust, unequal and unconsti-
tutional to pass any law establishing
any other rule for taxing railroads than
applies to taxing individuals.
Mr.. FLEMING, Of Harrison, said Mr..
Fleming, OF Marion, had gone home
with the UNDERSTANDING that he (the
speaker) would pair off with him on the
question now before the House. lie
therefore asked to be excused from
voting.
Mr.. CHAMBERS said some gentlemen
in the House had been dodging II good
while on this question. lie did not like
to see 1t, and was opposed to excusing
the gentleman from Harrison.
Mr.. FLEMING, OF Harrison, replied
that there WAS no disposition on his
part to dodge. 1t WAS fair proposition.
The House uuderstOOd the position the
member from Marion took on this sub
ject; and he thought they understood
his own position as one of the Commit
tee. 1t could not b6 misunderstood.
Mr.. Ferguson, of Chbell, said the
courtesy asked was one always extend
ed to members In a Legislative body.
As a matter OF course when Tho chapter
came upon It's final passage there was
no such thing as n pair oil, for IL re-
uuired ~ votes, a mhj hjority OF the whole.
TO pass it, and the absence of Il mpm- |
Der who was In favor OF IL counted
against It, whether lie WAS paired or not, |
Just the same az II he were present and
voted against j.. The gentlemen from
Harrison and Marion, however. had not
paired on the final passage OF the chap. |
Ter, but on the question before the |
House, the gentleman from Harrison |
being on one side. and the gentleman
from Marion on the other.
Mr.. FILMING assented to tbIs state
ment. .... ..... .....
MIR. CHAMBERS said il was tho agree.
ment to pair oil at all, in order To Keep |
from showing each others hands that |
he objected 10. |
MR.. HERvEY said lie was present |
when the agreement to pair off on this |
question WAS made.
MR. SMITH moved the gentleman |
from Harrison be excused from voting |
on section 81 OF the chapter ON asseSs-
ments.
MIR. HEERMAEs said the objection he
had to the motion was, that II lie un-
derstood the posttion.of the member |
from Harrison, they were both pairing |
ofTon the same side. If this were not
40. as it had been stated, he hoped the |
House would understand the position
Of the gentleman from Harrison. The
from Marion was in favor OF
taxing the railroads equally with other
proberty, and therefore opposed to tho
provision reported by the special com.
mittee. The gentleman from Harrison
was in favor of that provision, and
therefore in favor of the system of eX.
emption and discrimination for the
benefit OF railroads contained in 1t.
MR.. FLEMING, OF Harrison, snid he
lid not think his position on this ques-
lion could be misunderstood. lie only
referred to the action of the joint com.
Inittee. 1t was there Understood that he
favored the report Of that committee.
There might other propositions spring
lp here that he might or might not ap-
prove. After he had made the ar
with the gentleman from
II had occurred to him he had
,Old himself for nothing in the event OF
/ final vote, as stated by the gentleman
rom Csben; aud II remained for the
rouse to say whether he should be eX.
used on the final vote or not.
The motion 10 excuse was agreed to.
Mr.. HBRyEY said he had been on the
IpeGial committee on tho subject bsfore
he House. The vote of the committee
plan to he brought In in accor-
lance with the Ohio law. This substi-
ute MS reported was not the child OF the
,ommittee nor any blood kin. The
ohio law contained provisions to COM
90 nrnnaFfEy hU