The home journal. (Winchester, Tenn.) 1858-188?, 1880-01-08

therefore concur with the Board in its1
Ii 81 resolution.
Il am Of the opinion that the sched-
ules required to he fled by the railgoad
companies are simply elements of evil
dence to be considered with all the
other evidence in arriving al the value
of the several roads, but dissent
from. the view that the schedules are
conclusive until impeachel by positive
evidence.
81 therefore cannot concur with The
majIuty Of the Board as to the second
resolution / am OF the opinion thai
the Board Of Assessors is not limited
to llne sworn statement Of witnesses,
hut i, has the power and it is its duty
10 avail i,sclf OF all sources Of inlorrna
lion which may reject upon the valn
of the several roads. 1t appearing
from the minutes Of the Board, that
the assessors made personal inspec>
ton of at least part Of the roads. and
investigated for themselves the facts
which tended to develop their value,
cannot concur In the third and
fourth resolutions, which declare that
no proof was taken by The Board OF
Assessors, only in so far as it may
mean that no additional sworn state
ments OF witnesses were taken.
II cannot concur with minority OF
the Board in the adoption Of the fifth
resolution, for the reason, 1t appear',
has respect to the earning capacity OF
the several roads as the controlling Of
value, and in NY opinion the value
adopted by it is the most satisfactory
Tried by that standard, there is
some inequality in the assessments
made by the Board To the extent o
correcting such inequalities, l am o
the opinion that this Board SHOULD
modify the assessments, where excep-
tons we're filed as required by law
but, with this exception, in my judy
ment. the ass, ssments made by Ill
Board Of Assessors are fair an'l jnst t.
the roads, and ought not to he disturb
ed. The Board Of Assessors as-esse'
, the Nashville l. Chattanooga division
p OF the Nashville, Chattanooga u s.
! Louis Railway at one amount aad tl'
Northwestern division at another
$ This, in my opinion, was clearly right
for the reason that the fact is nOtorlOu
=. thu. one division is the most valuabl
q road in the State, while the other dl
vision is one Of far less value. Til
e counties and towns in wlich the valua
r. Bile division lies are entitled, as mat
' ter of law and right to have the lrn
/ value assessed upon the valuable III
vision.
9 "By the reversal Of the action Of tn
Board of Assessors, they are deprived
of this obvious right. 1t will result
) too. if The exemption Of the North
western division is available to TIT
. com ,,any, that i! will succeed in real
| zing partial exemption upon the Nash
- vile Il Chattanooga division by trans
n ferring to the exempted division n par
of the value of the division not exempt
y which will be direct less to til
/ State.
/, For these reasons / an forced +
dissent from the action OF majorit
T. of the Board. "ALBERT S. MARKS.
d "Nov. 8, 1879 Governor.
Il Only stating that the last Ohj"ctio
i stated by the Governor is fully answer
= ed by the fact that the Nashville I
y Northwestern has waived actually au
e const:uctively all its supposed exemp
II tons, and has fund paid in under tn
e gross earnings section of the act ,
e 1875 to its credit for taxes with til
y corporation, We rest the whole matte
n with the public. The only apology W
II have to make is we have invariabl
given the railroads the worst Of il
Il We have erred somewhat on the par
, Of our employers, the State, but W
' hope the railroads will, aud know tn
State ought to, forgive us.
CHAs N. GIBBS,
Secretary State.
IN