Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-09-05
THE INJUNCTION CASE
In the Matter of the Chesapeake
and Ohio Back Taxes.
A Partial Hearing Of the Argument Before
Judge JasksOn, Yesterday---The
Matter as il Now
Stands

In the United St ates District Court yes
terday morning the application OF counsel
for the Chesapeake and Ohio Railroad Com
pany for an injunction restraining the cell
lection OF $l93 $50 % OF taxes claimed Is
be owing by the company for the years
1879, 1880, 1881, lsN2, 1888 and 1854,
came up for agument, as per the order
on Tuesday last. Toe hearing had been
set for 10 clock, but owing TO the nor-ar'
rival Of judge ". II. Robertson, of Char
lo,tesville, Va, who appears with Judge
Ferguson for the Company, the matter was
DELAYED until halt past eleven, when Judge
Furguson opened the case by saying:
81 suppose, Esur Honor, the best way to
omen this case is to read our bill let the
other side answer, and then hear our argu-
ment.
The Court suppose Mr.. Caldwell has
read the bill, and therefore | will let you 90
on without reading it, but | will require
the answer 10 be read. do this to save
time.
Judge Ferzuaon-This suit is brought in
the name OF Alex B. Greene and j. b.
Gates, citizens OF New jersey, who are
mortgages o. the Chesapeake and Ohio
road. They bring this suit to enjoin the
counties along the railroad from collecting
the indispute taxes, including county levies,
and certain additions alleged to have
been made. The oIher side admits these
additions were made, but
DENIES vBE MATTER or INTEREST.
This matter o: interest, added to the orig
iual claim, has been brought to our notice
by letter fron the Sheriff OF Monroe Couu-
". which shall read.
Judge Ferguson then reads letter from
the Sheriff, in which the official included IN
terest in he amount due. This letter,
said he, is the foundation Of the allegation
in the bill that interest has been added to
the tax. The other side denies that utter
est has been added The letter shows that
interest has been added and fully jus'iies
the allegation in the bill. The Sheriff
wrote me later that ne received further no
rice not to push the interest clause.
Speaking in this connection, Judge Fer.
gusou said: The amount oftaxes claimed
5 from $1,000 10 $50 900 above what is
really due, and no application could be
made for correction.
Again;
II don't intend here to spend much time
IN justification of Your llouor course IN
sranting the order you did. II this matter
had been allowed TO 70 on, the road would
have received blow from which it would
not have recovered for years. 1t could not
nave received
ADEQUATE DAMAGES,
and here is no way in which We could have
aeeu compensated 1.-THE thing had been per
uitttG to 90 on. Under this bill (om
Honor could hay. done nothing eN-
.ep, TO euioin the collection Of the
whcle Of these taxes, until al
Of the inst and unjust charges
could be made. This bill WAS necessarily
prepared in great hurry, and after consul.
iation with Judge Robertson | find some
NO or three amendments necessary. In
loo kim over the papers certified from the
Auditor office | lind two or three mistakes
5re in Greerbrier county Of 800, and if my
figures are verified will make this one OF
he exceptions desire 10 file. This bill
specifically alleges
FOUR GROUNDS FOR RELlrf
in this case. After Getting ont in the bill.
What has already been stated, aud stating
hat the levy Of the taxes would 50 inlGr'
he interest Of the 5oriho!ders as 20 greatly
impair their security !, alleges in d genera
way the iollo@iag grounds for relief Frrsi
The taxes here alleged are those Of 1855
which uuder the law gives the company unit
January 20, 1856, 10 pay. Second-lt ii
vas proper TO send such taxes to the Sheriff
Cor collection at once it was improper to
add the 10 per cent. AID herr ! thinG l.
would, perhaps, be safe TO allrge Why We
hahn the 10 per cent - be unconstitutional
II DESTROYS
He UNIFORMITY o. TAXATION.
Third-It it was proper to send such taxes
TO the Sheriff With any part Of the 10 per
cent added. it was clearly improper to add
It 10 The STATE aud State school tax. The
ill alleges that General Wickham, Second
Wee President OF the Company, had made
arguments TO this end, and had offered TO
pay every cent Of the State and State school
axes into the state Treasury. The Audi
or declined for the reason that the Attorney
General had given il as his opinion that o.
uau no right to receive mouey unless all the
taxes were paid, and also made an effort to
avoid receiving ,hem By ssyir we had
MEYER WADE \ TENDER.
Fcurh-It was Illegal and improper to
charge interest, if it rad been added rs was
-,a,.d in the letter OF the sheriff OF Monroe
county They say they never sent the or
der out, but the letter is in the bill, anu
your Honor was right in acting on 1t. Gong
back 10 the first OF their statements, to the
specific reliet asked, We shall add another
plea for general relief The answer OF the
counsel Tor the State to our bill goes into q
sort ofscoloing operation a, the company be
cause it bad built road which the people
Of both States Rad hsel unable to oudd
The people had tried for thirty yeats before
The war to make it, and had failed. 4 Ger
ain set of gent cmen, at the instance aud
,ps,igatiou of the people Of the two States
and in pursuance OF laws passed, undertook
%
BUILD THE ROAD
in consideration that there should DC nc
taxes until the profits equslcd 10 per cent,
Of the capital. This State actually appoint
I'd commission to 90 out and impiore witt
eloquence, capitalists 10 come here anG
build this road. These gentlemen came IN
under the solemn 10 per cent. promise, ano
then after the State going back on thiS
} promise, this answer comes in and scolds US
Tor appealing to this court in this matter.
will leave them TO fight and scold. Th'
newspapers have had a good ies
to snv about this matter have Away
been opposed to tryirg people in the public
press. and have allowed these Gentlemen t,
20 or. OF course they have arrived at {
I very satisfactory conclusion. ! am -lad W
/ nave
! so MANY JOHN MNRSHALLS
| in the State running newspapers.
/ Ore Of the Judges OF the Circuit Cour
| Melvin after full and fair hearing of III
/ case, decided that the Chesapeake and Ohir
railroad wss entitled TO exemption, aud
/ l., i. h.,