The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-09-05

well began the response on behalf Of the
State, and his argument was in progress
when court adjourned till lOA NJ. to-day.
THE coMrASY's CLAIM.
Judge Ferguson's argument was almost
exclusively upon the law governing the
case, and the facts alleged in the bill Of
complaint. This bill allegesthat after the
decision Of the States suit against the
railroad company in the United States
Supreme Court, Auditor Duffy pro-
ceeded to charge up against the company
the taxes alleged to be due the State and
the eight counties interested, for the years
from 1879 10 1884, inclusive, amounting to
about $l9S,0OO, Of which the State and
Siate school taxes amounted to about
$4,000. II ia further claimed that on &C
connt OF the tendency OF the former suit
the company was not at any time under
OBLIGATIONS to pay the taxes charged
against it until that suit was decided, and
as the law gives railroad companies until
June 80 after their taxes become due
10 nav them before assessing 10 percent
extra as q penalty, this company is not
cbarreable with the 10 percent until
lime 30. 1885,. but TO that date Is en-
titled to % percent discount, as II the
taxes due were all assessed this year.
TIE compliments further allege that
the company offered to pay to the Audi
tor all the taxes due less the 10 percent,
Int The offer was refused. 1t is also stat
ed that the amount Of taxes certified for
collection is larger by from $4,000 to $50
00J than was at first claimed by the Audi
tor to be duo from the company.
SUMMING UP.
Tho allegations and claims OF the COM
claimants are thus summed up:
First-The taxes herein mentioned are,
rnder the facts and circumstances OF this
case. to be taxed as II they had been
assesspd for the year 1885, thus giving 10
the said company until the SOth day oil
.Tnne, 1885, to nay them into the treasury
Of the State as hereinbefore mentioned. !,
Second-Eyen II it were proper to SEND
said taxes to the sherits OF the several
counties for collection at once, 1t was I'M
proper to add thereto the said ten percent,
Tbird~But II il we're proper TO 80 send
said taxes for collection, with any part oil
the ten percent added, it was clearly i'm
nroper to add the ten percent TO the State
and State school taxes which said COM
pany offered to pay as aforesaid, and which
Inc Auditor refused to receive as aiore-
Fonrth-It was illegal and improper to
And the orators further say that the
only property OF the company which
could be levied upon and sold for the SAD
taxes is its engines, passenger and freight
cars. and the materials Tor repairing It's
railroad with possibly some machinery in
iIs shops, "a they are informed and be-
];eye that the company owing to the inan-
rioi denreasion in tho whole country tor
the last two years, and the great falling oil
of its business and income during that
neriod. ia unable ut this time, to pay the
whole OF said taxes, and especially with
the said 10 percent interest added, and
that il would be highly improper for IL to
do 40 until the questions herein stated are
heard and determined by your Honor, also
that the company's property is covered by
DEEDS OF Lruht " CLehtOtsi $AAH $500 ~
creditors' rights would be sacrificed il the
demands and requirements oil the state
officers were complied with.
LITTLE TILT.
Before adjournment, and after the con-
clusion Of Judge Ferguson's argument,
:Judge Jackson, in some remarks to the
counsel for the State, told them TO "Go
ahead and take your pound OF lesn !!
In the afternoon Attorney General
Caldwell took the floor to respond to the
opening address. lie said that the court
had made rematk before adjournment,
the full significance and intent OF which
he had been unable to catch. He, how
ever, desired before entering into his
argument, to have his position in this
court understood. He was here as the
chosen legal representative OF the people
of mis- State in their sovereign capacity,
and thew appeared here only asking what
they had the right to demand at the
hands OF any court. They. expected
nothing unreasonable, and made no exor-
bitant demands. They wanted no pound
Of flesh" They did expect to maintain
their rights, and he expected that stand
ing in this court to which tho representa-
tive OF any litigant was entitled.
Mr.. Caldwell added: ~ have done
nothing as counsel for the State to warrant
reflections by the opposing counsel or by
this court"
Judge Jackson interrupted.
0Mr. Caldwell" said he, "this court
will not sit here to be criticized by coun.
sci, am here to listen to an argument oil
the law points involved in this case, and
for nothing else. The Court will not toll
crate criticism upon Its course"
II was not rejecting upon the Court. l
expressly stated that did not catch the
shirt OF the Courts remarks"
1.-THE remark I made was intended as
little pleasantly; anybody could have un-
derstood 1t who did not desire to misun-
derstand it."
al am glad. to know thatit was intended
as pleasantly. meant no reflection
upon the Court"
GThen You should withdraw your re-
marks" said His Honor.
Mr.. Caldwell did not actupon thlssugges-
ton, but continued to make apparent his
position in the case before the Court, ex-
planning that his labors in this cause did
not increase his emoluments, and that Il
ever an attorney came into Court a per-
sonally disinterested party he did 80 in
this cause.
A QUESTION or AUTHORITY,
Before Mr.. Caldwell got fairly into his
argument, Judge Jackson desired to be in
formed whom he represented in the case.
Mr.. Calwell responded that he represent.
ed, first, the respondent, Auditor Duffy,
and also the sheritfs Of those counties
which we're interested in the suit.
"Did these sheriffa request you to ap.
pear here for them?" asked the Court.
eNo, sir they did NOT" said Mr.. Cald-
we'll.
II authorize you to appear for thpn,H
said Governor Wilson, soto VOos, leaning
over from bis seat few feet to the Attor.
ney Generals right.
dBut," continued Mr.. Caldwell, ~ am
authorized by the Governor to represent
the sheriff"
II authorised him to appear for them, /"