Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-09-09
rnE INJUNCTION CASE.

The full text OF Judge JAy>soy order in
the injunction case OF the State vs. Casa
J"aJr aud Ohio railroad appears on the
lnird page Of this morning kga,srsU Tn.
two points disposed Of in the o-ier are,
frs, The Inhibition Of the Governor and
u.her officers Of the Stat from interfering
with the collection Of the local and county
taxes by the sheriff., aud second Tha.the
Governor and Auditor be restrained from
collecting the Safe AID school taxes until
November I, ,>>j.
A decision upon hsques'jou O, the right
o. the legislature to impose q ten per cent
P.ra,ty il withheld until the next term OF
court at Charleston.
Beyond all cayil the mass OF legal opin.
ion witsir The borders Of the State /, that
the Court has erred in at least one point OF
itsdecisoa, and possibly others. Tia, point
Consists in tor6idiing the State to collect her
tax, tor 5aca years until November first
l-~1. The Court coucu-s in the line Of
argument OF the counsel for the RAILROAD
VI That the taxes were not legally due or
payable until the Supreme Couy, Of the
United States had so decided. This it did
according to their argument on tie tenth
day ct last June. But the record shows
that the State carried the case to the Su-
Treme Court 10 ascertain is the taxes were
legally assessed mo; when legally due and
Paya5ly) and when, after years OF litigation,
I he hughes; court in the land confirmed
lie decision Of the cour, below, thee
were five years taxes due
Section Of chapter XXX of Worth's
amended code on the collection OF taxes,
SAYS
ANY goods or chat,els in the county BE-,
lOugin. 70 the person or estate assessed
with taxes NAV be dlstrained therefor af;rr
the first day Of November in the year for
which the taxes were assessed; or before
that cay, if such Goods or Cha.teis are a5ou,
20 BE- removed from the county.
Now, when one knows why the case vas
taken to the Supreme Court, aud then reads
the law for the collection Of taxes as quoted
above. is /, no, hard for him 20 understand
how taxes assessed several years ack are not
due until mex. November? The question
may be psrtinently asked, when are the
taxes due tor this year? The law above
says after the first day Of November next,
but, accordin- 70 the decision Of the Court.
that cannot be.
In thus referring 70 the Courts decision.
we have eudeayo7ed to be unusually mod.
crate, and trea, it with the respect such a
high tribunal deserves. 1t We we're to give
Crcieuce to the adverse and ex rene views
upon the opinion Of the Cour, tina. are
current, the Court would no doa5t feel
aggrieved But this We do not propose
10 do. There are two sides to every
question and there may be some techuic Al
points and conscientious doubts ,ha, sus.
tain His Honor decision. BIT there is this
10 say, aud 70 doubt It CONES into
the mind of every West Ylrgiuisn who will
think moment Is there not something
radically wrong with the United States
Statutes where they empower 8 Federal
Court to interfere and epjoin the collection
Of taxes sscertsined to De- lawfully due her.
Such q power might some time resul, in
producing chaos in state government.
Without the payment OF her taxes state
can 10 more keep the wheels OF