Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-08-16
RAILROADS TAXABLE.
The Points OF Judge GuiId's Decision
I'm the Case of the Louisville. Mash.
Vile and Great Southern.
Davidson County Moving TO Get Her
Allare

With the view of obtaining a synopsis
of the important railroad decision, rendered
by Judge J. &. Guild ia the Circuit Court
at Gallatin last Friday, a UNION AND
AMERICAN man repaired last night to the
Judges residen, in Edgeheld and held 4
conversation with him on the subject.
AT er remarkiEg that the case, which he
had decided, was one Of vast Importance,
all Of the railroads in the State being con-
| cerned. the Judge gave substantially the
| following synopsis of his opinion:
The louisville and Nashville Railroad
flied two petitions before him, praying for
writS OF ceTfi0rIri and SlpeTSededs to set
aside the assessment Of takes upon the roac,
made by the Judge OF the County Court, n
favor OF the State and of Sumner county.
The two petitions gave rise 70 two cases,
viz: the Louisville and Nashville Railroad
vs.. the State Of Tennessee and the county
| of Sumner, and the same rs. the Cunber-
| land and Ohio Railroad and the county Of
Sumner. The Court permitted an answer
10 he fled with the exhibit thereto attached.
The Louisville and Nashville road was
assessed in Sumner county 10 pay taxes up
on the thirty two miles of her track in said
county, upon her iron rails, and upon her
depot grounds and rolling stock used in
said county. Upon these three items there
was levied a State and county tax and
tax to pay the interest on county bonds IS
| sued 10 the Cumberland and Ohio Rail-
road, amounting in all 10 about 5000.
The question before the court was,
whether the railroad was liable 10 such
taxation, considering that individual stock
| holders of the county had already been as
sessed and had regularly paid taxes upon
| their stock i'm the road. In other words,
whether il would not be a double taxation,
and, therefore, prohibited by the COnstitu-
ton of the State TO tax the capital stock
after having taxed the Individual stock
owned in the county.
Petitioners counsel claimed that the cap
ital stock of the company was exempt from
taxation on the ground that the Individual
stock owned in the county was snbject to
taxation, and insisted that il would be
| double taxation, and viOlatiYe Of the Con-
stitutIon to assess both the capital stock
and the stock owned by individual citizens
of the county, and upon this point they
mainly relied.
Following the decision Of the case of the
Union Bank, reported in 9 Humphreys,
the decision of the Supreme Cont in 3
Wallace, and decisions in other States. In
all Of which il was decided not TO be
double taxation TO tax the capital stock of a
corporation and the individual stock owned
by members Of the company, the court de-
cided that the taxation of the individual
stock in the Louisville and Nashville road,
owned by persons in Sumner county. did
not exempt from taxation the capital stock
of the railroad which belonged TO a corpO-
ration. And thereupOn the petitions were
! dismissed.
Petitioner then prayed and obtained an
appeal 10 the Supreme Court.
Citation is being made to all the rail-
road companies within the limits of David
son county by our County Judge, John c.
Ferris, and M,Ssrs. Guild & Dodd, attorneys
for Davidson county. Judge Allen, attOr-
new for the county of Sumner, and the
attorneys for Davidson were in conference
| in regard to this matter some time ago, and
| the test was to be made in Sumner first,
which has been done and proved successful,
so that BOW it is proposed at once 10 take
| legal steps 10 enforce the assessment and
taxation of all the railroads in Davidson
| county. The litigation Will involve prop
| erty worth several millions of dollars, and
| will add greatly to car county revenue.
| This is the first time that any County
Judge in Davidson has ever instituted
measures for the taxation of the vast
amount Of railroad property in our midst.