Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1873-01-04
About the same time the Chairman Of the |


ture to regulate the charges upon the railroads
Of the Tate. Our ultimate success therefore is
only matter Of time, as all Of the principles
upon which the reform and cur relief are de-
pendent have been fHlly recognized, the pres
cut or probably the succeeding legislature will,
we hope and believe, in pursuance of the Con-
stitution. give the much needed relief.
For the services needed in this matter we
have thus far received fee of One Hundred
Dollars, together with one additional appro-
prialion Of Two Hundred Dollars TO defray
travelling expenses. and the cost of printing.
The time employed 10 exclusive devotion to
this important object, occupied the joint or
several service Of the undersigned for at least
two months.
The second matter in which we were en-
pl0yed by you was to guard the interest Of the
county in the payment Of its Conditional Sub
scription to the Shenandoah Valley Railroad,
and to counsel and advise the Commissioners
whom your body appointed to superiu tend
the exchange of the County Bonds for shares
Of Stock this has been enc of the most re-
sponSlble aud delicate and we will add disa-
greeabe trusts ever committed to us in the
profession. In its execution the Senior mem-
br of the firm has attended every meeting of
the Stockholders held since our employment,
his object was to obtain such information as
would enable US to give proper advice in the
interest Of the county.
We have attended the meetings of your
Board when subjects were discussed connected
with the said subscriptions and given our legal
opinion aud advice The Seuior member Of
the firm has attended every meeting Of the
Commissioners who have indeed declined to
pay over the Bonds except after consulting
aud advising with us as the counsel of the
county in this matter We have eudeayored
10 exercise proper degree of hrmnesS III dis
charging this important duty and have the
evidence to show that our vigilance has pre-
vented the payment Of at least "a 600 worth
of Bonds for over estimated work done, aud
material furnished under the contract, or con-
ditiOnal subscription. Altogether the whole
amount subscribed will be paid when the
road is completed. We have felt it our duty
to guard against the temptation Of its aban-
doumeut by paying for exorbitaut estimates
/ Moreover the saving OF interest to the county
| is verv considerable, aud in the over estimates
alluded to would have amounted TO some
| S25 900 or upward.
Our employment by the Company has
terminated, owing, we are convinced, to the
/ fact that we declined 10 defend their interest
/ when adverse 10 these Of the county.
For services rendered you in this behalf We
| herewith present our bill for S4O0-credtlng
| the amount with 500 already paid to deiray
/ expenses Of travelling to Front Royal where
/ the Stockholders have been III the habit Of
/ meeting.
The third aud last matter in which we were
| employed by your honorable body was as your
! counsel ~ the injunction suit OF the Baltimore
aud Ono Railroad Company % J,f.rS cJuu-
", pending in the Circuit Court Of the United
/ States for West Virginia, aud 10 connection
/ herewith to recover the back taxes due the
county. This suit was brought to eujoln the
collection OF said taxes levied for county and
township purposes by this county. You au-
! tbOrlZed Us rs your counsel 10 compromise
/ the suit by receiving such gross amount rs we
should agree upon with the Company. This
| latter authority, however, you subsequently
| by implication revoked. In defending the
said suit we repaired " ParkersOurg on two
occasions and took such action as Its cXigeu-
c.es demanded, and took copies OF the plead
iugS IN similar SUITS Iu the Preston County
suit, which was regarded as test case, we
intended at its trial and before its decision. %
file an argument, aud nade preparation there
Tor. IN the meantime a proposition came
from the company to your Board 10 effect a
settlement through Committee Of your own
body, aud accordingly you passed an order the
9th day of December instant appointing a
Committee OF four to respond to the overtureS
Of the Company by visiting Baltimore and en-
fIAi-
tied Baltimore twice aud tn accordance with
your order were accompanied by us as Counsel.
We made out bill for unpaid takes due the
County which amounted to about $4,000
We advised your Committee at the same time
that there were some Offsets Justly allowable,
and some legal difficulties peculiar to the case
of jefferson County, as the Winchester and
| Potomac Branch did not touch any other coun-
ty in this State aud as our tax books showed
a mere tride actually assessed against the
Company.
In the first place under the tax law one
company cannot be taxed 10 construct another
railroad, aud this would exempt the company
| from so much Of the tax Tor 1872, as was
levied t, pay interest on the Bonds issued to
aid the Shenandoah Valley Railroad.
! Secondly for the year 1870 lhe rule adopt
ed by your body as to other tax payers on the
| Shenandoah River would exempt the Win
/ chester and Potomac branch for that year, aS
| that Road suffered severe damage from the
/ flood Again there was serious doubt wheth-
er the omission 70 asses the personal property
Of the Company could be corrected for period
| further back than two years And finally the
action Of the Legislature Of Virginia left most
grave doubts whether they intended to sub
ect the Winchester aud Potomac Road 10 tax
alton at ALL
Under these difficulties peculiar to our case,
and apart from these general questions iuvolv-
ed In the case Of other counties, we thought
your Committee would be entirely juStitiable
in compromising upon $4,000, aud we SO
advised Them As they hare reported to you
they finally compromised on $4,000. They
have reported 10 you their action and recon-
mended is favorable consideration.
Very Respectfully
GREEN & LUCAS
On motion it was ordered that Messrs
Green & Lucas be paid $500 as a fee in the
case Of the County ys. Baltimore & Ohio Rail-
road Company.
The Board adjourned to meet at the Aims
House on the Goth of December.
MEETING AT AIMS House
On the Goth a quorum not being present no
business was transacted, but meeting at the
same place for the 2Sth was called Present
on that day, Messrs Ialnes, Kabe, Kern, Emit
Ter Fu'k, Sponceller and Rtmsburg-the lat