Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-02-01
To West Virginia DR..
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IN TOW uut HLU NEUTRALITY-SUSPICIOUS.
How They Bothered Us.

How They Bothered Us.
The petition Of Attorney General Watts
asking that the cause be advanced for
hearing TO the United States Supreme
Court, after alleging the foregoing facts,
gees on to say that it is of vital importanss
to the State of West Virginia that there
should be an early hearing and decision OF
the csse, and that otherwise great incon-
yerieuce will be occasioned: that relying
on the prompt collection of the revenue
due the State by uniform taxation OF all
property therein. including that OF the
Chesapeake and Ohio Railroad Company,
the West Virginia Legislature bad made
large appropriations as from time TO time
the same were required for public pur-
poses, and that By reason OF the tsilure and
refusal Of the Chesapeake and Ohio Kali
road Company to pay its assessments, large
deficits now exist and remain unprovlded
for. and that the last Legislature OF the
State to provide for financial embarrass-
ments oecasioned by such refusal OF the rail-
road to pay, had been forced to increase
State taxes from twenty to twenty hye
cents on the dollar for the year 1888.
We should Like TO Know.
TIE retition further sets up that II Is
important the State of West Virginia
should know whether this de6cit can be
made up BY compelling the railroad to pay
its assessed taxes or whether II must oe
made up in some other way, and urges tnat
if the case is SLOWED to take its regular
turn on the docket it cannot be reached
ur til sitter the next regular session OF the
West Virginia Legislature in January, 1888
and that an adverse decision subsequent to
| that time would necessitats the calling OF
an extra session, which would lead 10
| further expense and embarrassment. k1'
hibits sttached to the petition contsln
staten ents Of Auditor Miller and Governor
Jecks, n to the same effect
The Other Side or the Case.
On the other hand the answer of the
corpany filed by Colonel W. Fl. Hogsman;
of Charleston, siIer assigning various
technical reasons why the case should not
be advanced GOES on to say that the decis-
ion of the case one way or the other, will
furnish no considerable relief to the finan-
cial embarrassment of the State Of West
Virginia, and it is idle to say that any spe'
:ial session of the Legislature is dependent
in the slightest degree, upon the decision
Of this case.
wouldn'I Help Us ANY Row.
Tie sggregste amount OF all taxes in
yolved in the above entitled cause does not
exceed 81, ,927. 40; and of this sum not ex
ceeding S, ,O26 81 belongs, in any event, 70
the State Of West Virginia; the balance al
going to counties and other municipal sub
| divisions of the State; and Of this s5026.-
90 not over two.thirds is applicable to the
large deficit of hundreds OF thousands OF
| dollars admitted in the motion to exist in
1 the treasury OF the State Of Wes. Virginia;
| and which deficit cannot properly be charge
] able to the failure Of the plaintiff in error
| to Ray the taxes assessed upon its property,
| and has in all official documents been prop
erly
| Attributed to Other Causes
While it is not believed that the matters
| involved in other suits should have any
influence in determining the present MT
| ton, it is admitted that there are other
/ suits pending, in the courts of original
| Jurisdiction, involving taxes claimed to
| have been assessed upon tle property OF
| the plaintiff in error, in West Virginia,
| for the years 1850, 1881, 1852 aud lSS3, and
/ that the aggregate amount OF taxes thus
assessed for those years, is correctly stated
| in the motion aforesaid; but nothing in
| the record Of any of these suits makes the
| iniupctions therein dependent on the de-
| ciSion Of the cause pending in this court;
and no application to dissolve such injunc'
/ rions has ever been made.
where the Taxes Belong.
It, is, however, q fact, that of the taxes
involved in such suits, as Of the taxes in
yolyed in this case, not more than about
one-sixth Of each years assessment belongs
in any event to the State of West Virginia,
the balance all going to numerous counties
| and municipal subdivisions Of the State,
| who are not suffering from any financial
/ embarrassment whatever; and OF this one
| sixth, not over tvo-thirds Is applicable TO
/ the large deficit already referred to. In
| other words, of the s1i927 81, represent,
\ ing all the taxes involved in all the itiga
| ton not over $50. 600, belongs in any event
| to the State of West Virgins, and Of this
| only two thirds is applicable TO the large
deficit aforesaid. Il should be remarked
that Of ell taxes belonging to the State OF
West Virgisia, one-third belongs to the
State school fund, fund in which there is
no deficiency, but which in fact has sup
piled the general fund belonging to the
State, in which the deficiency exists, With
the means to provide temporarily for the
aforesaid deficiency.
The Decisisa and It's Results.
The foregoing extracts from the petition
and answer. while not showing all the
grounds on which the advancement Of the
case is urged and resisted, show pretty
fully the statements relied upoo in which
The people of the State generally feel an