The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-01-10


immunity from taxation upon the propert
OF the company provided In the act OF II
corporation, does not accompany the PROF
erty In It's transfer to the purchaser. Til
immunity from taxation in such cases Is
personal privilege OF the company, an
not transferable. The franchises Of a raj
road corporation are rights or privilege
which are essential to the operations {
the corporation. and. without which IL
roads and works would be ri little value
such as the franchise to run cars, to TAX
tolls, to appropriate earth and gravel 70
the bed oiits road, or water for lis engines
and the like. Immunity from taxation
not itself q franchise OF o railroad corpora
ton which passes as such without othe
description, to purchaser OF It's property
! am informed that the present owner
OF the property Of the Chesapeake & Obi
Railroad Company, claim that notwith
standing this decision, the last Legislator
enacted a law (chapter Is Acts OF 1877
which invests them with all the rights
privileges and Misunderstanding tn
exemption from taxation-enioyed by III
Chesapeake. & Ohio Railroad Company.
f. l think, however, that the Constitutions
question which has been suggested, i
conclusive Of the subject. M
THE whole community is interested II
retaining the power OF taxation undimin
ished, and has a right to insist that ID
abandonment shall not be presumed Ii
any case where the deliberate purpose O
the State 10 abandon it does not appear.
The property OF this company Is yer,
valuable, and II it can be required legally
to contribute its fair proportion 10 M
revenue Of the State, this result should 81
attained, to the end that taxation shal
be equal and uniform throughout Tho
State and all property, both real and per
sonal, shall be taxed in proportion to Ii
value, to be ascertained by law" -5'1' 50
In directing your attention to this sub
tect, ! have no desire 10 induce legislation
hostile to railroad companies. These com
panies should be held to a proper per
Torrance Of their duties to the State
but their property rights and privilege.
should beas fully respected and as care
FULLY guarded and protected, as the right
and property of individuals. l7
The topography and products Of oul
State, render railroads and other works O
internal Improvement especially necessa
ry 10 her prosperity, and every reasonable
encouragement should be given to theil
construction and successful operation
The sparse population of the State, anC
and imperfect development OF our re
sources, are due chiefly II not entirely, L
the fact that we have SO few such works
The soil, climate and mineral resource!
OF the State, are superior to those Of mort
populous and wealthy States Of tho West
whose only advantage is in their increaseC
facilities OF travel and transportation.
Whilst corporations are dependent en-
tirely upon the State for their existence
and largely so for their success, yet the
growth and Importance OF the State arr
by no means Independent Interpretations
The relations which exist between them
establish mutual duties which should al
ways be discharged with Justice and equi
ty, and in spirit of fair dealing. t =
The right Of the State to the supervision
and control Of these companies, should al
ways be maintained; but 1t should nevel
DO so exercised as to work injustice nor t
deter capital from seeking Investment In
enterprises which confer benefits upon al
classes OF citizens. n!
TIE rENIrESTIARY.
The directors Of the penitentiary have
shown an earnest interest in securing or
efficient aud economical administration o
the prison. They report that "theeconomi,
conduct Of tho prison, together with I
high order Of discipline, has boon main
tanned"
The Superintendent and other officer
have discharged their respective dutie
with fidelity, humanity and efficiency.
The condition OF the buildings, the worl
done by conyicts, the receipts and expeud
itures, the prison discipline, and physica
condition OF tho ponyicts, are fully set iortl
in the reports Of the Board Of Directors
Superintendent and other officers. .,,.-. j
There we're in the Penitentiary, Novem
Der 3Oth, two hundred and forty-tiye con
yicts, Of whom thirty were United State
prisoners, ~. I.al. l. 8,ly ra
All tho labor Of the prison, except s
much as is required for prison purpose
proper, has been let 10 contractors.
The Superintendent states in his report
that the cost for the past six months @
supporting two hundred and fiity-thre
prisoners, does not exceed the cost OF SUP
porting for the same time in 1871 only on
hundred and three prisoners.
The report OF the Commissary show
that the daily dietary costPsr capita for tn
past six months, Is only six and one-thtl
tieth cents. r.. st.ii. # - #.
A sut1iCiency of water was for some tim
greatly needed at the Penitentiary, an
became at last o necessity. The Director
have supplied that want by means Of
steam pump and fixtures, procured at III
very reasonable cost OF twenty-four hur
dred dollars, and with which an abundar
supply Of water L, now obtained from th
Ohio river. 1tM. r'atlt
Certain land owners, through who's
lands the sewer from the prison to GRAY
creek passes, have obtained an injunctio
prohibiting the prison authorities frot
using the sewer. Whilst the State has, {
course, the right to take private propert
for public purposes, upon making prope
and Just compensation, yet there Is no la'
prescribing tho mode in which this righ
In certain cases shall be exercised. Lei
islation is necessary TO authorize the Boar
OF Directors to acquire so much land 1
NAV be needed for the sewer, and to pr
vide the mode Of proceedingto obtain l
and Of ascertaining tho compensation
be paid. ~. !. ,If I!
that the laws relating to the penitentiar
should be revised, aud especially the Ia
lpertaining TO contracts for convict labo
The Board should be authorized TO emplo
conyicts without tho prison on State Rorl
and alSo 10 hire them upon such terms
they may prescribe tpabor upon worl
OF internal mproyemen,a. " ~ 8
tits probably that You may DO sollcite
| 10 aid certain schemes Of informal improy
ments By contributing eonyictlahor. sd,
Should you deem any such seheH
worthy Of encouragement by tho STAT
tsarei can be no reasonable objection !.
ss ii;i T. Z; this way. The construction
| a railroad, or turnpike road, or the Y
proyement OF Tie navigation Of q 65tfeessf
Increases for the farmers tho facilities,
marketing their products, and for az y
means Of disposing Of tho produetsot tbs
labor and Obtaining their suppl lies, o.
III \ ~ " n nitikAns Of the different porto