Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-08-04
CHARLESTON.
The O. d o. Observation-Disclosures of the
State Officials and the Company's Agents
-parSou.I

I CHARLESTON, W, Va, August 1.-The
injunction in the c. & o. tax case granted
by Judge Jackson still continues to excite
comment, and the expressions are, in many
cases, cOndemnatory Of the action Of
the District Judge. The failure
to require bond Of the company is severe
ly denounced in some quarters. Tne Star
roundIy condemned the action Of the De-
trict Court in awarding an injunction. Fri
day Governor Wilson wired the following in
structions to the Prosecuting Attorney of
this county, and presume the same order
was sent to all the prosecuting attorneys in
terested:
STATE OF WEST VIRGINIA,
EXECUTIVE DEPARTMENT
CHARLESTON, July 81, 1885.
Prosecuting Attorney of Ksnawha County:
II having come to my knowledge that the
Chesapeake and Ohio Railway Company
will probably apply to the County Court OF
this county for an order intended to delay
the collection Of taxes due by said company
to said county and the districts therein, and
which taxes have been certified to the Sher-
iff Of said county fer collection, you will
please call special attention ofsaid Court TO
the provisions of section g. ch. 29, Code as
amended and re.enacted by ch. 50, Acts
1888, prohibiting any such interference by
County Courts. The taxes are due and they
must be paid, and the Executive Depart.
ment expects the prompt assistance Of every
officer having any duty to perform concern
ing the same, that the laws may be faithful
ly executed.
Z ". WILSON, Governor.
Citizens are OF the opinion the company
has perfect right TO ask for and receive an
injunction, if it can, and in so doing it is
only proceeding as any other corporation or
individual would do. 1t seems the company
is ready and willing to pay all the taxes
and interest DUE but wants time. 1t is un-
derstood the company, through its attorney,
offered to pay to the Sherifsot this county a
part of the county and district taxes now,
and the balance in ninety days.
1t seems that the company are now will
ing to pay all the taxes and charges due
but confessed It's inability to pay the whole
amount at once. For that reason part of
the taxes due-State tax, l believe-were
rendered, but tue Governor, Attorney Gen.
eral and Auditor, were of the opinion the
law clearly demanded that all the taxes due
be paid at once. Now the company have
received an injunction to prevent the col
lection Of the entire amount due, and
between now and the time set for hearing
the Injunction proceedings, will make a
similar tender as noted above to tie several
sheriff. whose duty it is to collect said
taxes.
The law relating to the duties of county
courts and like tribunals and sherifs under
existing circumstances ia here appended for
the edifcstion of those concerned:
= Neither the County Court
of any county, nor any tribunal acting in
lieu of County Court or otherwise, nor any
Board Of Education, nor the municipal au
thorities of any incorporated city, town or
village shall have jurisdiction, power or au
tbority by compromise or otherwise 30 re
m or release any portion of the taxes or
lhies 20 assessed upon the property Of any
such corporation or company: and when
ch taxes and lcvies are certified to the
Sheriff OF any county for collection, as afore-
said, it shall be his duty to collect the
wGcle thing, regard e's of any Cr!er or
dir ction of any such county court,
tribunal, board Of education or municipal
authority to the contrary and if be fail to
do so, he and his sure,ies in his official
bond shall, unless he be restrained or pro
hibited from go doing by legal process from
some court having jurisdiction to issue the
same, be liable thereon for the amount OF
said taxes and levies he may 50 tail to col
Iect, if he could have collected the same by
he use OF due diligence"
Now it is claimed by some that the COM
psny is possessed Ot the same right under
the law, to pay on account, the same as q
private individual.
The impression prevails that there will be
no more litigation IN the matter further than
20 dispose Of the il junction awarded, and
hat the taxes will shortly be paid.
Personal.
Mr.. Phil Doddridge, an old cit'z o.
his county, died at his homo on Paint
Creek, Tuesday last, aged 60. he was
buried Wednesday. he was the brother Of
J. NJ. Doddridge, of your city.
Dick Delaney has received his appoint !
uent as guager under McGrsw, to take ef
iect August /. The offensive partizsn
turned out ought to have had his walking
papers" long ago.
Senator Kenna is off to Washington.
When he returns it is expected another
crowd of offensive fellows will be turned
ont.
Hon. NJ A. Quarter is in Parkersburg
attending Judge Jackson's court.
Secretary of State Walker returned from
Virginia Sunday last where he ! 4 been
called to attend the funeral Of his mother-in
law. The interment was temporarily made
upon the farm. In the fall the remains will
be taken to Wheeling for burial. Mrs.
Henry S. Walker ia still in Virginia, being
quite i'll
Gov. Wilson. Auditor Duffy aud Superin-
tendent OF Schools Morgan arrived home
Wednesday after making the annual rail
road assessment, Clerk Adams left them
at ParkersbGrg and reached home day
earlier
Supt. Peck, Of the Moundsville peniten.
tiary, passed through town Thursday on his
way to Logan.
f. P. Roach, ESQ, Clerk of the Circuit
Court of Wyoming county, visited the city
this week.
Mr.. Oxley, father Of Hop. B. 81. Oxlsy,
who has been visiting his son for SO ne
weeks past, and who was i'll for some time
past, is quite we'll again.
On Suspicion.
Two men, brothers, named TnpIett, were
arrested to-day on board the Roselle
charged with having committed q murder
u Carter county, Ky, and lodged in jail at
this place.
A Monument to Montsfiors.