The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-29

such propertionate part thereof as the
number Of miles of wire IN North Caro-
lima is the proporlionate part oj
number Of miles Of wire in the entire
system operated by said company: that
such is a taxing in North Carolina Of
property taxable in other States, in
that the property of SAID company in
North Carolina is not worth rs much
PER mile Of wire, and upon this method
of calculations as it is worth per ml,
Of wire unon an average throughout
it, entire system within the United
States. and that therefore said assess
ment Is void and Illegal
That the number Of miles OF wire
III the companys whole system Is ssh
III: the number Of miles in North Car
olina is 12.945. The net profits on all
business derived from North Carolina
is $4,000 or 81 20 per mile Of wire per
annum, while the earnings per mile in
the United States is 5000. That the
Commission refused to consider sucn
testimony.
That the Commission did not take into
consideration the fact that under the
laws of North Carolina the Western
Union Company is taxed , Fer cent on
it's gross receipts.
That Immediately prior 20 this time
the property Of the company was valued
for taxation by the Railroad Commits
sion ut $4,000 and that the value OF
the property has not increased since
the valuation of $750,000 was made.
That the amount of taxes the COM
pany will have to pay in excess Of
what it has heretofore been required to
pay is more than $4,000 per annum, eX
elusive of interest and costs.
That said valuation is unconstitutional
and void 1t is in contravention to Arti-
Gle 3, section 3 of the Constitution
OF North Carolina, in thar it is not
taxation by a uniform rule, and a
taxing Of IN income when the property
from which the income IS derived is
taxed. II Is III contravention Of the
Fourteenth Amendment in that it de-
prives the company of its property with
out due process of law, and denies to
it the equal protection Of the laws.
On this statement Of fact and argu-
ment Of counsel thereon Judge Simon
ton made the following order.
Hearing the complaint of the Wes-
tern Union Tel aph Company duly veri-
fed. and considering the same, it is
ordered that the defendants, the North
Carolina Corporation Commission,
Franklin Mcneil, chairman; Samuel l..
Rogers and IL. G. Beddingfieid commits
sioners, and II. G. Brown, clerk; III. w.
Aver, Auditor. and w. H. Worth,
Treasurer OF the State Of North Caro-
lima, and each and every of them, do
show cause before me ut Asheville,
North Carolina, 1T the United States
court house, on the 18th day OF Sep
temhcr next, at 10 O'clock a. m. or
as soon thereafter as counsel can be
heard. why the injunction prayed for IN
the complainant's bill should not be
granted. In the meantime and until
further ordered of this court ii is or
dered that the defendants. and each
and every Of them, be restrained, that is
to say the said Corpe alton Cemmis
sioners and their clerk, from mGking.the
complained Of 80 the chair
men Of the several boards Of county
and mayors of the seye-
raj CITIES and towns; said III. M AVER,
auditor &C the State, from making the
said certificates said w. ILL., Worth from
proceeding 10 enforce payment of the
taxes hy complainant.
1T is further ordered that the said
at the proper time for the
of Lakes MIA lay 70 the proper
officers Of the State, counties and NUM-
ciIalities taxes upon its said property at
an assessed value Of $600000, without
prejudice TO either complainants or de-
PENDANT.
1t IS further ordered that the com
plainant do within five days from the
entry OF this order enter INTO bond to
the defendants III Inc penal sum Of
$1,000, the surety to be approved by the
clerk Of this court. with the condition
TO pay all such damages as the de-
may incur If the restraining
order herein passed be unlawfully grant
ca. 7"