Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-09-02
THE BACK TAXES
Due the State From the Chesapeake
and Ohio Railroad Company.
The Application for an Injunction in the u
s. District court---Argument to Be
Heard Friday nOrning---0ther
Court Business.

The application OF counsel Tor the ines
apeake and Ohio Railroad Company for an
Injunction restraining the State from col
Letting the nearly 100000 of back taxes
due the various counties through which the
road runs, came up before Judge j. J.
jackson, in the United States District Court,
Yesterday afternoon. The Railroad Com
psny was represented by Judge Ferguson,
Judge Robertson, of Charlottesville, Viz
GINA, his associate and chief counsel, being
ABSENT while Attorney General Caldwell
appeared tor the State.
When the case was caleb Judge Fsrgr-
SOD, addressing the COurt, asked for post
porement until Friday morning on account
Of the unavoidable absence Of bis ascot
ate, Judge Robertson, who, he explained, was
detained by the death Of his mother-in-laW,
but who would reach the city at lO:40 Fri
day morning. To this poStponement
TUE ATTORNEY GENERAL DENURRED,
saving that in view Of the fact that the
officers Of the State government were absent
from the Capital and from attendance upon
their duties, that the sum Of $4,000 right
fully due the people Of the State, had been
withheld since the middle Of July without
bond or interest, that in that time over
81. 500 in interest would have occrued at 6
per cent, and that the State had actually
been compelled to pay interest in that time.
he hoped the matter might be proceeded
with at once. He said there could be but
about SIS, 900 of the sum due which was
really open to litigation, that being the 10
per cent added under the statutes OF the
State for non payment, but take it at Its
worst, and say there was $50, 900 in dispute;
that would still leave the sum Of Sl63, 600
due the people Of this State. Hehoped the
case might be proceeded with.
Judge Ferguson said the railroad com,
papy was liable for the taxes and
WAS WORTH TEE TAXES.
The State could not possibly suffer from tn,
delay asked. As far as be was concerned
be would rather go on now; delay was In
convenient for him, but ne saw no help
for it.
The Ccurt-This case has been the sub
iect Of 8 good deal of talk, and has beer
already tried, as l have been informed, b.
some Of the newspapers, although | havt
not seen the articles. l desire to say tina! l
sbsll hear the case and take all proper tim
% dispose oft. hope you gentlemen vii
discuss it like lawyers. Whether West Vi
GINA is pressed for taxes or not caauo'
rell. and whether the Chesapeake an 1 Oh'o
Rsikoad Company is able or unable 70 pay
is taxes is o matter | cannot tell. shs
take full time, and / hope that when TIT
C, sc comes to be discussed, it will be from
a proper standpoint Every considerable
iustifes Mr. Robertson in asking q coutinu
snce. The case will lie over until Frids
morning, and will then 90 on whether Jldg
Robertson appears or not. hope when W.
get at the case we shall be able to dispos,
of it.
Governor Wilson, Auditor Duffy, and .
large number of legal gentlemen aud ciu
zens were in the Court room at the time
and seemed much intereHed in the result o.
the cause.
OTHER BUSINESS TRANSACTED.
The United States vs.. John Grandon, in
formation fer a violation of the interna
revenue laws. The defendant plead guilty
was fined 800, and Judgment was sus
pended as to Imprisonment, the prisoner
being recognized until the FIRST day of the
next term 10 answer further Judgment.
The United Sgatrs Va. Francis Barbee
information for violation of the pension
law. The defendant was recognized il.
$4,000, with sureties in q ike sum, anu
the case continued until the next term.
The United States vs.. Nelson Virgin, in
formation for a violation OF the pension
laws. Motion to squash, and upon argu
ment of counsel the motion was sustained
Charles Kresmer ct al. vs. the Peabody
Insurance Company; sssumpsit; plea o:
non assumpsit and issue, and the detenant,
By leave Of court, took time until Tuesday
next to file particular statement of defense
in writing according to law.
Charles Kreamer ct. al vs. the Ohio Val
ley Insurance Company; same plea as fore
going, and leave Grsntei to file Statement
by Saturday.
Adjourned until 10 o'clock this morn
ing.