The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1892-10-02
THE RAILWAY TAX CASE.
DGNENT SIGNED BY JUDGE
BKYAN-FOR DEFENDANTS.
The Federal Court Passes Judgment-
Railroad Liable to Taxation.

The Federal Court Passes Judgment
Railroad Liable to Taxation.
The following is the text of an impor
tant document which was filed yester-
day:
NORTH CAROLINA, } SUPERIOR COURT,
WAKE COUNTY, AT CHAMBERS.
The Raleigh & CASTOR Railway Co., VS..
the Board of Commissioners Of Wake
County, and NJ. W. Page, Sheriff of
Wake County.
This cause coming on to be heard at
Chambers, by the consent of all parties,
and it appearing to she court that the
State of North Corolina has made itself
party defendant in this action; and it
further appearing to the court that this
cause was heretofore tried before His
Honor, Fl. G. Connor, Judge, at the
February term, 1892, of the court, and
that an appeal was taken by both parties
from said judgment, but that neither of
said appeals has been docketed in the
| Supreme court, and that both appeals
have been withdrawn, and that the said
case Is now depending in this court; and
1t further appearing to the court that a
full settlement has been made between
the State Of North Carolina and the Sea
board Il Roanoke Railway Company in
regard to the taxation of that road, and
IL said settlement it was agreed that the
exemptions from taxation of the Raleigh
& CASTOR Railway Company should be
surrendered upon the terms and condi-
tons hereinafter set out. and upon the
construction of the charter of the said
Raleigh & CASTOR Railway, as herein
after declared.
Now, upon consideration thereof, and
upon construction Of the charter of the
Raleigh & CASTOR Railway Company. it
is ordered, adjudged and decreed that
the defendant, the Raleigh & CASTOR
Railway Company, is not entitled to any
exemptions under the charter, but that it's
property shall be liable to be taxed from
the first day of June, 1893. as is the prop
erty of other railways in North Carolina
: which are not exempt from taxation and
| that the tax or charge of twenty-five cents
: per share set out in the charter of the
plaintiff shall not be imposed, levied OF
T collected by the defendants or any OF
them or by any authority thereof but
= tDdl lHC oudli Dc SupJcCt W Tue
general law of North Carolina concern
, | ing taxes upon similar shares in the hands
, of the owners thereof.
1t is further ordered, adjudged ard
decreed that the plaintiff pay to the de
t fendant, the board of commissioners OF
t Wake county, the sum of 1923 80, which
s is in full If all claims or demand for any
V and all sums which may be claimed il
any manner by the State, or by any au
e thority thereof, or by any of the defend
e ants in this action for any back taxes o
of any claim for back taxes of whateve
kind.
1t is further ordered and adjudget
that the defendants recover of the plain
i tiff the costs and expenses of this action
except the referees fee which has bee
is heretofore adjudicated to be taxed b
t. clerk.
n By consent this judgment is signed a
n chambers in vacation.
le HENRY r. BRYAN,
l. Judge presiding in the 4th district.
: THos. M. Holt, Governor of North Ca
y Olina.
= LEIGH H. WATTS, general counsel SET
J, board Airline
ARMIsTEAD JONES, attorney for defend
ant
70 j. A. NORRIS, chairman board count
~ commissioners.
II JOHN W. HINsDALE, plaintiffs attorne.