The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-13
The Marshall County Tax Cases.

I
Editors of the Register:
Gov. Stanton's article, published a.
editorial in the Intslligencer Of Wednes
day, and his supplement in the paper
Of yesterday, in explanation Of the Mar
shall county tax cases, are imperfect
by reason Of their omissions, and some
what inaccurate in their statements.
The cases. originally involved the
question of State taxes as we'll as coun'
" taxes; but the State, more than q
year ago, Notwithstanding what the
Governor calls, "the infinite importance
Of establishing her right of taxation for
all time" compromised her claim
against the Railroad Company, for past
due taxes, without settling the right for
the future In the adjustment, the
State, like Marshall county, threw off
the interest and part of the principal
due her. without binding the Company
to pay taxes in future.
By Joint resolution adopted March
4, 1869, the Legislature authorized the
Board OF Supervisors Of every county
through which the Railroad runs, to
com promise on fair and liberal terms
the taxes assessed by the county against
the Company. ,,,., 49,. 49,.
The other counties interested had,
though often applied to, refused to give
any aid or support to Marshall county
during six years of litigation. have
been told..1that some of them even
claimed local tayors from the Railroad
Company, because they had taken no
part in the controversy. However this
may be, they, were willing to permit
Marshall county to- establish the right.
for their benefit as well as her own, but
she must do it al her own risk and ex-
pense. D.. gf ..
1t is said by the Governor that for
the future Marshall county can collect
nothing till she runs another suit
through all the courts, as she did this
one. p. -r..
The sum which has been paid to
Marshall county will meet the ordinary
expenses of the county for two years to
come. Unless it is to provide for
extraordinary expenses, it will not be
necessary, therefore, for her supervisors
to make any county levy until August.
1872, and until the end Of that year no
question will arise respecting her pight
to collect county levles from the railroad
company, because there will be no
county levies to collect from any one.
In the meantime, if the right be 80 per-
fectly certain as the Governor assure
US, and decision in its favor can be
80 easily obtained, other counties, under
his auspices, will have taken up the
controversy with proper zeal and
energy, and established the right at
their own risk and expense. Though
they were heretofore unwilling that the
litigation should be ccrried on at the
joint risk and expense of all who were
interested, Marshall county, l am
sure, will not object to their doing it at
their own cost, and as we have shown
them how to make the egg stand on its
end, if they succeed we may justly claim
10 participate in the benefits of any
decision which they may obtain.
In both the articles referred to, it is
said that the Railroad Company made
the proposition to pay $4,000 and all
the costs, and that the committee ac-
cepted it. This 10 not entirely accu.
rate. The proposition of the Railroad
Company was, first $4,000 and then
$4,000. The committee, who had
been authorized by the Supervisors Of
Marshall county to compromise the
controversy, had, upon a deliberate sur
vey of the ground, determined to take
$25, 900 with costs, and no less. They
announced that to the President Of the
Company as the proposition OF the coun-
ty; and, after every possible effort for
two DAYS to obtain better terms, the
Company accepted it.
1t is also said that the county "ac-
cepted somewhat more than half her
claim as regards the past, and that the
amount due the county, including inter
est to January |, 1871, was $42,64l.09.
These statements are also inaccurate.
Marshall county has received somewhat
more than two-thirds of her claim. The
exact amount of the claim, including
interest to January |, 1871, was $751;
O67.5 "a, and two-thirds Of this sum
would be S24,7ll69. The table pub
lished in the Mtelligeneer yesterday
processes to state the county levies in
Marshall county against the Company
for seven years, and in five of those
years out Of the seven the amount is
incorrectly stated
The right to collect county levies
from the railroad is assumed through
out these articles to be beyond all doubt.
The writer of this communication be-
lieves the county would have succeeded,
but he is not quite go positive in his
opinions as the Governor. There is
certainly something to be said on both
sides, independent Of the inevitable un-
certainty that attends every law suit
The question respecting county levies
is very different from that Of the State
taxes. 1t may be briefly stated, so that
one not lawyer can understand at
least what the material points must be.