Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-02

1T the actual cost was in excess ofthc,,n,.
essary cost, the necessary east J. II,
proper value; and if it fiji t her .Ipi,rarS
'''"' ''ie net income of the road does moi
amount TO current rates vt interest on its
necessary cost, and is not likely to do so
! or II the business of the road is likely tc
"' destfoyed or impaired by competition
- '''. use, or If the utility of the road
| IL Il d ''iuai to its cost, then its value is
less tiiah its cost. 1t is apparent from the
! ''"F.', Mat the value Of the Virginia &
/ Ifurk"e Railroad cannot be fl xndat its ac,.
ual cost. the question then is whether
'ie value nHed upon the road, for the pur-
poses OF taxation, by the jury, determined
manly 0y It's net earnings capitalized at
, the current rate of interest. is supported
by the evidence. The rule is too we'll es
! IapllShed 10 require citation, that this
| court Will not disturb the verdict of q in
rY where there is substantial conflict in
the les ,imonN. The questions of fact tried
anu de'erlhined by the jury We're, the
current raees of interest and whether The
net income of 81, 900 for the wear of loo5
CANNED by the rairrad colnpany. WAS
produced under Il careful ana economical
llana gament and operation of said rail-
road. In the origi nal brief filed in behalf
OF app"lIan,s, it i admitted that the net
income of the road for tho ti.,.,I ,,o.
1895. was ab,ut s2SD00 rhi. ,.o,,,.t :, -.
original opinion herein i'm n,soi,c, ,,,,o,,
TINS question, suggested that the reduce
lIoh OF the salaries of the officers and
employees of the colnDanv affactod j., tbo
month OF MAY 1Sqf INV ,,-i,i,.1, +t,, ..,t
ing EXPENSES OF tho ,,.,.l ,,.,,.,. ,,-,.,.,fN
the rate Of 313N.Q = va,r .b,,,.o.l
contradiction that tho o,,,,o1I.,,,,...
ne .cssarilv rooniro mora .,f,.,,,,...,.3
ployc> jI,tLa ,-l,r 1~o-. than, .,;I
wear 1896. and thai .,,..,..,.l1.l
admitted net income of ,b. ROAD ,.o,,lI
incrs aso that amount to 5000, which ,..,r-
italized at SIX per c.nt vnnld ,o,,r,.,.',t
S7,ltgDo a. the value Of tI,.. ,.,,t;,.o ,., -,
which sum Wa,hoa C,,,,,,,.,. ,,..,,,..;
w0uid be about Soio ooo ,t,L, ,,i,,,,,..-
relative to th;s re]u,tin, j., ,i,.. .,.,,,,t,I|.
umplOvrc> and officers. ,..,. .ri,,,, ,,-.t
Secretary and book oe,,o,. or ,,,,.
alton. and cnIIn,..I ,.,,,,:,,,,I. 4t.,..l
~ i.tl
have been disr.oar.{a., l,,.,i,,, ;,,,.,-
re t>ou that the witness did mt .b.,,,.
himself comuctp0t 10 oiv,. ia,ri,,,.,,,. 49,.
10 the rcaSonlbi4naSS of tL, ,..,.,,,..,,,...,
ton pail to defendants nu,,,i,,,o..-
w are OF the. opinion that il dill ~, 80
q are an expert to testify I'm tnn fac, Of
these. rrluclio3s Tbn ro,l,,...,.,,,.. ,....,.
mad. 49, Z
tnat f.,c, could be e>tapIj,bed bv any wiz
ness having knowledge OF the same.
on 'lc'i with tL5N ties, im0mv the Witness
te~ led 10 the further faces. that dI,i.,,r
tn years of 1885 and 1875 there WAS mot
- lH'i"rIal difference in the traffic W
efdtlOl.S OF the road: that tiin ,,u,,,I, :.
tons handled bv the corpor,tio,, ,}-~....
ant was about the Same d,ri,,,r ,,,,....
years: thai no more EMPLOYEES vera -.
qulred In lS!0 20 operate and manape the
business than in 1895 and thaf no ,,,,.,
officers and clerks vpra ,o,,,.r,l Co..
vearthan for tho otl,or ~
reopirAj 10 a...I,I;.h +,,,-'y 81
couId ba ,,ro,-o,, t,- 'i,9
knew the Same If Than ~
of fac.s hvtha v.i.nor. !, t,,- 80 ''.''''''
could very rnasonal1,, ;,fon +t,-'. '"'S
income of the road t,r -f,o
underan ecoDo,njc,,i n,.nan.,,,a,,, ,.,,.',,.'t '
he incro.,nl -, -, ''' '''"'''"
Sl3O09 witf,nn, in,.,,,[;,,. ,''o,0 ''i'i'
company or j.. n,an.ro7,ont aL1 ~ ''''
wi. .nas, yhn,. Tod -.
the reduction ans,v.ro,4 7I,at tt..' ,.>1.,,:
was made on ar,.o,,nt ,r t,,,I ,;.,
eralIyand hard ti,oo,, ,,.tt,,.,,,,17
ticnlarlv ra+ a., |-..;:. "'' '''' par
two wears WAS nr,,.,i,.,I1,. 49,
The operation of the ro.d Sa,,oaa,l,.'.
ton is n,aue h1- ,.o,,,...., ...;., s
the amount of tho rol,,...; ~
actually made in 1ooc ,1
statement furnished in con,saI,s h,.;ae
we frankly admit that we are up.hIo -
give the exact a,nornt