Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-06-25
THE BRIDGE CASES.
THE IMPORTANCE OF THE DECISION Al
PARKERSBURG,
Wednesday, by Chief Justice Walt'--A
Similar Case to Come up IN
the State Supreme
Court To-day.

TIL ouestions raised and the issues inyolv-
ed in the litigation now in progress between
the State Board of Public Works and the
Baltimore & Ohio Railroad Company are
so vital and important to the people OF the
State. and to citizens of Wood ana Mar
shall counties in particular, that 1t Is prop
or to give some insight into the suits IN
proeress and the force and effect of the de-
cision made by Chief Justice Waite, AT
Parkersburg, Wednesday.
During the administration OF Governor
Jackson the matter first came up In the
Circuit Courts of Marshall and Wood eoun-
ties, the railroad company protesting
AGAINST the valuation put upon the bridges
nv the State Board of Public Works, name
", 1915, 900 in each case, and the State
government appointed Ex-Governor bore
man 70 look after the Wood county case
and Caldwell & Caldwell, of this city, to
attend to the Marshall county cause.
The cases were removed by
the company from the Circuit
| Courts of Wood and Marshall counties to
tbe limited States Circuit Court, and the
causes came up on Tuesday before Chief
Justice Waite, ut Parkersburg. The chlef
question involved in the cases was the
right of the State to assess the railroad
BRIDGES for taxation at q greater rate than
that put upon any other equal length OF
road-the company, in other words, claim
ing that the average value per mile oil the
entire road should be ascertained, and the
value of the bridges fixed by that standard,
their length being the basis, The question
coming before the Chief Justice was rs to
the right Of the corporation to remove the
cause from the State tribunal to the United
States Circuit Court. On motion made by
the counsel for the State, orders were en-
tered i'm the causes demanding them to the
State Courts, but the Chief Justice allowed,
in the orders, a writ of error and appeal to
the Supreme Court of the United States, 1t
being understood that the causes, owing to
their nature, could be, on motion, expe-
dited in that Court, and heard Vt the com
ing October term, II IA Supposed the
causes will hg then heard aud disposed Of.
This question of removal OF matters re-
lating TO tax assessments from State Courts
is a vexed one, and its settlement by the
highest Court of the land will be hailed
with satisfaction everywhere. The motion
to remove, if settled in the same way w.,
the Supreme Court of the United States,
not only settles the question in cases pre-
cisely similar to the one before the Chief
Justice at Parkcrsburg, but also settles the
question of the right OF removal in all the
assessment cases hpihAe the State Circuit
Courts,
We are informed that the representatives.
of the State will be ready TO expedite the
decisions of the United States Court in this
most important question.
In the cases ut Parkersburg the question
which induced the ortcr t%oIenmnd was the
question az 70 Wlpihcr or not tax assess
mean proceedings in Il Circuit Court are suits
! within the meaning of the removal act of
Congress. AsOmcwhat similar question will
be before the Supreme Court of the State
to-day, it being the appeal af the T., 9. Il
st. l.. Il. Il, Co, i4n, the Circuit Court of
Br9ole county, relative TO the valuation of
the StcuIenNillc bridge.