The state chronicle. [volume] (Raleigh, N.C.) 1891-1893, 1892-03-02
No EXEMPTION
From aXation on the
Branch Lines of the
w. & w. r. K.
THE COURTS DECISION
4 Summary of the Findings of the
highest Court am the State
Filed Yesterdav.

Filed yesterday.
The supreme court yesterday
tiied its decision in the matter of
the taxation Of branches of the
Wilmington and Weldon railway.
The case was brought by injunc-
tion against the sheriff of Halifax
county to restrain the collection Of
taxes on the branch railroads. The
court holds that the exemption Of
taxation in the original charter
does not extend to the branch roads.
The charter, as originally granted,
was for the construction Of a rail
road from Wilmington to Raleigh,
a distance somewhat over 100
miles, with capital stock Of $780,
600; an act passed in 1885 authori
zed charge of terminus to "some
point on the Roanoke river" and
an increase of the capital stock to
81, 100000, and the road was
accordingly built to Halifax,
l54 miles and thence by
the acquisition of ihe Halifax and
Weldon railroad to Weldon. The
decision says: "We do not think
section 22 (of the charter) extends
to the branch roads the exemption
from taxation which is conferred
upon the main line from Whining.
, ton to Re,ieigh, which is granted by
section 10, for several reasons
; which are enumerated.
2 l. The object Of the bounty was
to secure a railroad from the capi
t tai Of the State to its principal sea
port, Wilmington.
, 2. The branch roads now exceed
| the main line in length, being near
f ly 25O miles, as against 154 in ths
g line from Wilmington toHalifax ant
far exceed the 100000 of brancl
b roads contemplated by the act o
/ 1888. Had the State intended t.
8 exempt the branch roads, it i
d apparent from the Limitation
y in section FL of the CAP
ital stock for the purpose t.
r 5000, 900, that it was not intende
J. to authorize an unlimited numbe
=. of miles of branch roads, and th
4. consequent exemption OF an un'in
1t tied quantity of capital from bearin
its due share of maintaining th
,e burdens of civil government.
n 3. An act passed in 1867 al
,s- thorized the plaintiff to open booF
m for subscriptions to build branc
N roads to the amount of $25,OO
T per mile. This might be deemed a
extension Of the right to bui
le branch lines, but this act contain
1g no exemption from taxation of Il
branch lines or of the addition
nd capital thereby authorized and th'
would not be exempted if bu
Hereunder.
~ 4 The act of 1888, section 3
provides: ''If the company shs
le- not have completed the ma
nd road from Wilmington to Ralel
in twelve years thereafter then t
~ company shall forfeit so much OF t
70 rights and privileges hereby Great
as confer upon the said compa
the power of extending the So
ur' road above the point at which
shall be then constructed; but tn
oe- shall not forfeit their property a
red privileges in any manner as to
much of the road as they have co
- pleted." None of the branch ros
tn were either begun or finished witt
the said twelve years. One of 16 mi
but in length was built in 1860, a
of the others since the adoption OF
constitution of 1868, which forb
: ,'D0 the grant of exemption from ia
Iac- ton by requirin that taxat
, at shall be uniforu and ad valor
80 Iv