The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-02-27

Mr. Duncan expressed Willingness ON be-
half of his company TO allow any facility 6g
the examination of the books of the coDpa-
nv at Mobile, or o herwise, of inquiring into
and ascertalning fully and definitely
the cost of said road and the
earnings and expenses thereof; and
your Committee know of 10 means of as
certaining such facts definitely except
by the appointment of Commission by the
Governor, by and with the advice and con-
| sent of the Senate. whose duty it should be
| to visit Mobile and make thorough exam
! ination of the books OF the Mobile and OHIO
| Railroad Company and report To the Govern
or, whenever such examination shall have
been concluded, the result thereof. for such
action as the Legislature of the State may
ia the future deem necessary.
3. As to the suits now pending. In 1870,
a tax was sought to be collected by the
| Sheriff of Lauderdale county on the road
| bed and lands of said company for the year
| 1874. The Mobile ana Ohio Railroad Com
pany enj 9ined the collection OF said tax,
claiming that all the property of said com
| panY was exempt from taxation. The State
dem urred to the bill AID the demurrer was
sustained. The company prosecuted aud
appealed to the Supreme Court, and the
supreme Court held that the road bed and
property OF the company necessary to the
operation OF the road was not subject to
taxation, under the 81 section of the char
Ter of the company until it was shown that
that portion of the road lying in this State
was paying 8 per cent. interest upon the
cost thereof, but that the detached lands Of
the company not necessary TO the conduct
of the business of the company were not
exempt from taxation. Tue decision OF the
court below was reversed. The State then
answered the bill aud filed a cross bill in
the nature of bill of discovery; to this
the com pany demurred and, at the same
time. filed exceptions To the answer. Upon
the hearing OF this demurrer and the
exceptions, the Chancery Court of Lauder
dale county overruled the demurrer aud
required the company to answer the DILL of
discovery. As TO the exceptions, they were in
the main overruled. The company have not
yet answered the cross bill. In the mean
time, pending the litigation originating in
the Chancery Court OF Lauderdale county.
and upon an attempt being made by the
sheriff of Lauderdale county TO collect the
privilege tax assessed against said company, |
said com PAW lied a bill OF injunction in
the United States Circuit Court, for the
Sou! hern District OF Mississippi, against the
collection said tax. The said Court decided
the case upon the same basis as the decision |
OF our Supreme Court. Neither of said in |
jurctions has been dissolved though either !
would doubtless b. modified, upon motion |
so AS to allow the collection of taxes upon |
the detached lands OF the company.
4. AS 10 what offers of compromise have
ben made by said company. Mr.. w. Butler |
Duncan. p esideut aud Receiver OF the COM |
pany has made the following offers of COM
promise viz:
To paw the State the sum of twenty five |
thousand dollars if the State would receive !
rhe same in the full of all taxes of any kind |
assessed against the company, its road bed, |
lands and all other property, for the years |
1874 1875, 1876 and 1877, and would agree |
that all OF its detached lands should be re- |
assessed during the year 1878, and should in |
future b-'subject 10 taxation AS other lands |
n this state; and to dismiss all Of its suits |
pending in reference 70 the taxes for said |
years, and pay all the Court costs thereof |
YOu committee recommends the accept |
ance of sail Offer of compromise. Whilst |
il Is small sum compared with the amount |
OF taxes assessed for said several years, yet |
YOUR committee are of the opinion that it is |
: great point gained by the State TO have |
the lands of the com pany placed upon the |
assessment r,lis to bear taxes withuut ques- |
II N for the future, and this and all legisla-
ton with said company touching the |
til" question OF the taxes on said lands, !
iegislItiO which may be probably pro- |
tractsd and which would subject the State |
to expense. A bill has been drawn en- |
bod wing the points of said proposed COM
promise, and the same is herewith reported |
and its passage recommended
JNo. w. FRwELL,
Chm'n on part of Senate.
JOHN p. SEABROOK,
Chm II on part OF House.
The Senate took up II. 3. 10 reclaim GER |
thtn an9ss f 6ygr t 2yerow which had passed
The message reported yesterday was read, /
and the bill passed the Senate over the veto.
YEAs-Messrs. Barry, Bills, CallicOtt, Car
ter lst District. Garter 9th District, Cowan, |
Dowd Parish, Jewell, FITZGERALD, Furlong. /
Gayles, Critic, Hooker, Lanneau, Lee, Low |
rance, Montgomery, Oldham, Peery. Pratt, /
REYNOLDS, Terry, Vance and West-25
NAYs-Messrs. Allen, Bridges, Gibbs |
Gilbert, Jackson, King, McCaskill, Morgan,
Rogers and ThOmpsOn-l0.
Absent and not Voting--Messrs. Currie |
and FOote-2.
The nate took a recess until 4 o'clock |