Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-10-02
EQUALIZATION.
Something Of q Hyppodrome in the
Courthouse.

IL
male.
The hearing Of the petition OF the Gen.
trail Pacific Railroad for the reduction Of
it's assessment to $4,000 from SIG, 900 Der
mile on it's roadbed in this county came
up for hearing yesterday morning at $3.50
O'Clock. The Courthouse, in which the
case was heard. was pretty we'll filed BY
an interested audience.
The full Board was present. Smith,
Arlington and Baily, with District Attor.
ney CARRIER as their legal adviser. M. G.,
Oavanaugh.. Clerk.
On the meeting being called to order,
Assessor Wallace opened the ball by saying:
"As these railroads appear here by attor.
neys I would ask the Board to recognize
Wren & Cheney and H. K. Mitchell as
attorneys for myself in the case"
Geo. w. Baker, of Baker 4 Wines, pre-
scented petition in the matter Of the assess.
ing the Board to allow it to read SIC, 900
scented. Granted.
A1s - Asy6hp SAAb0 Va tAO t0A u0R0I blQCut
OF the @. p. stated in explanation that he
had made out the petition himself origin.
ally 1t $1,000 because Assessor Wallace
had always given that % his opinion Of
the value Of the property.
Mr.. Wren said be would present the
bearings OF the case on the part Of the
county. The counsel for the road said
that some error had occurred in computa-
ton, and he would like to raise the valus-
ton first proposed. Mr.. Ryan followed in
the same strain, with the evident purpose
to strike Q blow 1t the Assessor Of the
county. An inconsistency between Mr..
Baker and Mr.. Ryan. I don't care what
Mr.. Wallace has heretofore assessed this
road ct, or what his reasons were. The
same threats o % before. The G. p.
has always assumed to assess itself, and
always threatened ruinous litigation to
the county. This makes no difference,
nor does it matter what the assessment
has hitherto been. l protest against oil
this. The plain and sole duty Of the Board
is to determine whether the road is worth
$4,000 q mile or not.
Mr.. Baker said he thought the gentle
man had gone beyond the question In his
remarks. No threat has been made. Mr..
Ryan and myself have simply stated the
case. There have been no threats, unless
in the gentlemsn's imagination.
Mr.. Wren-Threats have been made re-
pestedly and everybody has heard them,
and II l IN not mistaken Mr.. Baker has
made such threats himself.
Mr.. Baker-This IL an effort on the part
OF Mr.. Wren TO poison the minds Of the
Board.
After recess for half hour TO organize
under the law a. . Board Of County Com
missioners, the Board OF Equalizers re-
sumed proceedings.
Gen. Charles Csdwallader, called to tes-
tify-Have been civil engineer OF the G.
p. for 20 years. Had the entire charge Of
its construction through Nevada. Reside
at Red Bluff, California, but have lived
two years on the line and have passed over
it frequently.
Mr.. Wines-Are you able to state what
II would cost to construct the Central Pa
cifc Railroad through this State at this
time?
Opposing counsel objected 10 the ques-
ton, on the ground that it was not the
best evidence to DO had.
This brought out q discussion as TO what
is the proper criterion OF value for assess-
ment, whether the utility or productive
ness Of the property. or its cost OF con-
struction. Mr.. Baker read the decision Of
Justice Beatty in the Washoe Railroad tax
case, - In point to establish the latter
basis OF assessment, and not the monopoly
or franchise Of the company: That the
Assessor shall not take into consideration
the business OF Q railroad, which makes it
worth more than the cost Of construction.
for this cost is the maximum figure for
assessment. though il on account OF its
depreciation in business 1t is worth less
than the cost OF construction, then the
assessment should be less in accordance
with the fact Of such depreciation. In
other words, that the assessment may be
on less than the cost OF construction, but
never In excess OF this cost.
Mr.. Mitchell--Is the question OF the
present cost OF construction Of the railroad
relevant? The Constitution orders . just
valuation Of property. The Legislature
enacts that property shall be assessed At
it's actual cash value. This actual cash
value" must be determined by . number
OF circumstances, and Justice Beatty, In
the decision referred to, says the value OF
3 railroad Is ~ that Of . bar OF iron-the
cost required to procure it. II it can be
proved that this road WAS procured by
uouhtiOu VI tu6 0OVeIu Weut euQ ouD66-
quent mortgage $S2,0 0 per mile, what
then? This can be proved. IL not this,
then, the cash value OF this road?
Mr.. Baker (interrupting to ask . ques-
tom DO you mean that the cost at some
past time 10 the proper criterion Of the
present cost Of property?
Mr.. Wrench course the Assessor re-
CARDS the present value Of the property
only. The amount Of deterioration should
be deducted from the original cost.
Mr.. Wines-The question 10 simply one
OF relevancy - to the admission Of expert
testimony through the witness. Gen. DAD
wallader. Assessment involves q con-
Of law and facts. The facts 20
to determine the value Of property, but
the law presoribes the method Of arriving
at this value. The Supreme Court Of this
State has laid down as q rule for the gov
eminent Of the revenue officers that they
shall not 60 beyond the necessary cost OF
the construction Of property o. the basis
Of assessment. The Court does not allow
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