The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1884-04-16
Il RAIL WAY INJUNCTION.
COMPTROLLER PICKARD ENJOINED BY
THE EAST TENNESSEE, VIRGINIA
AND GEORGIA ROAD.
Nashville American

! Nashville American.
A bill was filed yesterday in the
Chancery Court, in behalf of the
East Tennessee, Virginia and Geor-
gia railroad against p. P. Pickard,
Comptroller OF the State of Tennes
see. The bill alleges that on No
vember 10, 1888, the Cincinnati,
Cumberland Gap and Green River
Railroad Company was sold in the
Chancery Court of Davidson county
and became the property of R.
L. Wilson and G. NJ. McGhee; that
previous to this decree there was a
provision in the charter of the
Louisville and Nashville Railroad
Company, by which the former be-
came exempt from taxation except
on stock paying dividends where
the rate exceeded the legal rate of
interest allowed by the State; and
that the East Tennessee, Virginia
and Georgia railroad afterwards be-
came the property of the Louisville
and Nashville railroad system.
The bill also alleges that the first
act of the Legislature regulating the
taxation of railroad property was
passed in March 1875, and the East
Tennessee, Virginia and Georgia
railroad bought the Cincinnati,
Cumberland Gap and Charleston
railroad from G. NJ. McGhee and r.
T. Wilson, who bought it under a
decree Of the Chancery Court OF
Davidson county, and thereby ac-
quired all right, title and interest to
it.
The bill also maintains that as the
first act of the Legislature regulat-
ing railroad taxation was passed
March 20, 1875, the East Tennessee
Cumberland Gap and Charleston
railroad was notified by the Comp.
troller that it would be assessed or
the 31st day of March, on all its real
and personal property fer the years
1871, 1872, 1873 and 1874 The
bill claims that the Comptroller al
leges that by a mistake this road
was not taxed for these four years
although by virtue of this act O.
1875, and the subsequent amend
ments thereto, it is taxable for those
years, and that the Comptroller Is
the proper officer of the State to as
sess it.
The bill claims that no tax was
laid on the East Tennessee, Virginia
and Georgia railroad prior to the
year 1875, and in the prayer the
complainant asks that an injunction
issue restraining the assessment oi
the property owned by the Cincin-
natl, Cumberland Gap and Charles
ton railroad for the years 1871,
1872, 1878 and 1874, and for an in
junction against the Comptroller in
any manner interfering with the
property of the road under the act
of March, 1879, as amended by the
act OF March %, 1888, by virtue OF
which the Comptroller of the State
alleges he has the authority Gn con-
neetion with the act of March, 1879
to tax the road for the years men
toned. The prayer further asks
that upon the hearing of the cause
the injunction be made perpetual.
Mr.. w. M. Baxter signed the bill
as solicitor for the complainant, and
it was sworn to before M. d. Sulli-
van, of Knox county, Justice Of the
Peace.
Judge NJ. S. Hall granted the in
junction order, and the bill alleges
that it is filed here because the
Comptroller is about to issue the
distress warrants at Nashville ac-
cording to what he deems to be the
law in the ease.