The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-19
The Railroads Must Not Pay
More Taxes.
COMMISSION is ENJOINED
ASSESSMENT OF LAST YEAR
WILL STAND.
THE NEARING SET TOR SEP iEMBER 18Th
Southern Railway Gets one Huge Blanket In.
juno ion for Every Foot Ct its inc.
Three Iniuuclous for Coast Line
and Five for Seaboard.
and Five for Seaboard.

and Five for Seaboard.
To the railroads. Sinonton is Il very
present help in time OF trouble
This Fedora judge. always fecund of
injunction, NOW spawns like a pike.
Attend, OH We farmers at the plow
stills, sweating out the taxes that the
railroads so long have stolem-attend to
the brood found yesterday in Simonton's
nest.
follows:
One for the Southern Railway, but
this one is broad enough to cover every
foot Of its lines in the State.
Three for the Atlantic Coast Line, an!
these cover all but eight short. unimpor-
tant branches, whose aggregate length
is less than 40 miles,
Five for the Seaboard Air Line and
these five include everything it owns
IN the State except six short lines with
an aggregate length of Sc miles.
These injunctions are aimed primarily
ut the Corporation Commission, which on
the first of June fixed the tax valuation
of the railroads, but it also includes the
State Treasurer and the State Auditor
and restraints them from the collection
of taxes on the assessment of 1899 on
condition that they pay taxes ON the
basis of the assessment of 1898.
The wonder is that the Judge permits
them to pay any taxes at all. But as in
their complaint they express a willing
ness to pay the 1898 assessment he per-
mits it. His order is as follows:
On reading the verified bill. in the
above entitled suit, and exhibits, fled
as part thereof, it is ordered that tie
c0mpIainant's motion for injunction,
&c. pursuant to the prayer of the bill,
be set down for hearing at II o'clock.
M, before the Circuit court Of the United
States. at Asheyille. n c.. on the 18th
day of September. 1899, or as soon there
after as counsel can be heard This he
ing proper case for temporary re-
straining order. it is ordered and decseed.
that. until the hearing of such motion
for injunction, &c. and the further or
der of the court thereon. the respondents.
the North Carolina Corporation Com
mission, Franklin Mcneil, chairman.
Samuel l.. Rogers. and e. c. Bedding
field; and II. G.. Brown, clerk; and II.
w. Aver. Auditor: and William Ell.
Worth. Treasurer, are restrained, pro-
hibited and enjoined from making any
certificates. serving any notices, or
causing any such to be made, or from
instituting any actions for the purpose
of compelling the payment of the taxes
set out in the bill and the said CORE
spOndents. each and every one. are re-
strained and enjOined from taking any
action to compel or advance the pay
ment of the said amount of taxes,
1T is further ordered. that certified
copy of this order be served upon each
and every one of the respondents by
delivery of the same to him.
1T is further ordered that subpoenas
issue to the respondents, as prayed for
in the bill.
1T is further ordered that the com
plainants pay to the proper officers of
the State, counties, cities and towns, at
the times prescribed by law. taxes for
1899. on the basis Of the assessment of
1893.
1T is further ordered that the COM
plainants enter into an Injunction bond
in the penal sum Of $4,000 with sure
ties to be approved by the judge of the
court, as indemnity for the defendants
in the case this suit is decided against
said compliments"
The grounds on which these injunctions
were asked are as follows:
!. That the Corporation Commission.
under the act establishing the commits
sion, has no power to make an original
assessment of railroad property.
=. That the method of appra isement
prescribed by law for the valuation Of
railroad property is different from that
prescribed for the valuation of other
property, including other corporations;
that this difference in method was in
tended to cause railroad property to be
assessed at its full value, when other
property is assessed at from 80 to &c
per cent. Of it's true value; that this
makes railroads bear more than their
true proportion of the burdens of taxa.
ton.
3. That under the Constitution OF
North Carolina. taxation shall be by uni
form rule, and that the appraisement OF
this property ut its full value is dis
elimination against the railroads, de
mai Oh Tie ctIudi piotcttiph VI thS l" w
and i'm violation of the 18th Amend
ment of the Constitution of the United
States.
4. That the railroads are ready to pay
such portion of the taxes imposed as
are Just. equal and uniform, but that t
he required to pay the amount assessed
will result in irreparable injury to The
roads and not in accordance with thu
rules of equity.
The Southern in its complaint sets on
that it operates about 200 miles OF
road in North Carolina, which the Com
mission has assessed and appraised ~
follows:
Charlotte. Columbia and Augusta Rail
road, 11.4S miles, $1,000 per mile, 1882,
$50.
Atlantic, Tennessee and Ohio Railroad
As miles, $1,000 per mile, 9,690.
Northwestern North Carolina Rail
road, 25.37 miles, $1,000 per mile, ant
74.78 miles, 5000 per mile, $3.50, 40.
Oxford and GAINESVILLE Railroad, 49.3'