The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-03-05

Mr.. Lamb said the rule requiring
resolutions to lay over q day under
objection did not apply to resolutions
from the Senate. The chair decided
that it did.
Mr.. scotield moved to suspend the
rule.
Mr.. Lamb explained the purpose of
the resolution. It was to authorize the
Board OF Public Works to adjust the
amount of the State taxes which have
already accrued. This was manifestly
right. The Auditor alone could do this
| independently of the resolution, but
| this associates the Governor and Treas
urer along with the Auditor special
board for the purpose of ascertaining
and settling with the Baltimore and
Ohio Railroad Company, the amount OF
taxes due by them. Then as to the
counties he did not see what exceptions
there could be on the part OF the most
strenuous friends of taxing the road to
| leaving the adjustment of the county
taxes to the boards of Supervisors in
terested. 1t seemed to him just what
the friends of taxation wanted.
Mr.. HERvEY said the B. IL o. r. r. Co.
were not here. They were no party to
this proposition. The property of that
company has been assessed as other
property. He denied the proposition
of the gentleman from Ohio that
the Auditor could compromise taxes
which are properly and duly assessed:
| The Auditor has certain powers and
prerogatives but he had no power to re-
nit or compromise away money due
the State. This resolution proposed to
| put the whole question of past taxa
ton of the Baltimore and Ohio Railroad
into the hands of three persons desig-
mated by this resolution. 1t is total
abandonment by the State of It's past
position-total, perfect and complete.
1t did not propose to hold this company
as other Taxpayers. Suppose the
Board of Public Works go on and
make what they suppose to be proper
adjustment, what will the Road do?
They will not accept it. Time is
gained; the State is compromised; we
have abandoned our position, as ne did
TO some extent at the last session. The
State will be, as 1t has commenced,
gradually receding from Its princi-
pie OF right, justice and equita-
Bile taxation: he would oppose
this in every shape. 1t was PROPOSE
ton which would lead to surrender
and abandonment of the rights of the
State. That is what the Company want.
He would consent to no such thlng;
but in the language OF Gen. Grant, he
would eight 1t out on this line"1f 1t
took till the crack of doom. II the State
cannot stand and confront the Balti-
| more and Ohio Railroad Company to-
| duv, and proposes teSurrender now, at
this early period in its history, he
wanted TO know how long it would be
before the Baltimore and Ohio Railroad
| Company and other corporations would
own the State? He would never surren-
der one lot or title. Make proper,
equitable and just assessment against
the Baltimore IL Ohio Railroad, stand
upon it and enforce it. What was the
difficulty with the road? Simply deter
mination on the part of the authorities to
enforce the financial laws of the State.
This company will not pay their tax as
long as they can avoid il. or that fact
rest assured. They never have paid
them. For thirty years they have en-.
loved the protection OF Virginia and
West Virginia, and yet never returned
10 the Golfers of either State one dime.
They never will, IL vacillating policy
is pursued. If you carry bold front
to day and recede tO-mOrrOw-lf they
can make a football OF the State and a
plaything of the Legislature-of course
they will do it. 1t was natural they
should; but they could not do 1t with
him. He was for enforcing the taxes on
the property of the Baltimore IL Ohio
Railroad as on all other property.
Mr.. McClasky asked if he was afraid
to leave this thing 10 arbitrators.
MIR. HERvEY replied that no such
thing as arbitrators was known 10 the
| Constitution in the matter OF taxation.
1t was the business of the Legislature
| 10 assess taxes and the business of those
assessed TO pay them; and 1t was
| cowardly when the assessment is made
and the party refuses to pay, for the
| State to back down and say, let us
"compromise" it-let us have board OF
arhitrators. The revenue laws were
enforced against the poor man, but a
| rich and powerful corporation, owning
twenty millions of property, was allow
ed TO do us it pleased. be dehed any
gentleman to show why this Company's
property should not be taxed JUST as
All other property is.
Mr.. Smith, of Morgan, said what the
| COmDauV complained of was excessive
and unfair assessment. be cited the
case of Morgan county, where he said
the assessment was unreasonably anu
nhsurGIv high. They wanted this ar
bitrntion to adjust these improper as
sessments. They were willing to pay
their taxes but wanted some way 10 get
n fair assessment. This propositlon
emanated from the Company and TO
refuse to accept it would be " backing
down from the,pos1tIon assumed ny the
, last legislature.
After some further discussion. the
vote on suspending the rule was taken
by yeas aud nays, and resulted:
YEAs-Messrs. Allison, Bowyer. Car
penter OF Monroe, Davisson, Dils, Flick,
Garrison, Gibson of Preston, Gold.
Haymond, Hutton, Jacob of Hamp-
shire, Keever. Lamb. Mahon, Mann,
McClaskey, Miller Pinnell, Powell,
Scotield, Smith of Morgan, Tabler,
: Thomas, Vance and Fleming Speak
. . erl-26.
Cunningham, Duffey, Edwards, Her
r vey, Kfncaid, Manion, Martin, Put
3 nam, Reynolds, Rollins, Smith OF ka-
nawha, Snodgrass, Stifel and Wright
10.
=. Not being two-thirds in the affirna:
tive, the motion failed. The Chair said
the House having refused to suspend
the rule, the objection to the considera'
tion of'the resolution to. day was good.
Yesterday the bill appropriating
3 So, 900 10 Berkeley Springs, failed tC
pass and the announcement of vote
. was postponed to allow absent mem
3 bers an opportunity to vote. Mr.. Fin
nell and some others asked leave tc
l have their votes recorded, and there.
. upon 1t was announced the bill had
J. passed.
+ The House proceeded TO the consider
alton of the calendar, and the following
] bills were passed:
House bill repeating chapter 1 Acts
! of 1867.
i of fish in Big Fishing Creek.
{ Senate bill for the reltef OF John r
Kirby.
= Senate supplement to the charter o.
4 the Mooretield and South Branch Rail
8 road Company.
Bill authorizing the sale of certair
t church property in Marion county.
!. Bill for the relief of John G. Way o.
Taylor county.
o Senate bill explaining and amending