The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-10

usual selling price on the usual terms
of similar property at sales for paru-
ton under the order of court at the
Mace where the return is made. If there
be no selling price then what is honest
" believed could be obtained for the
same at a fair sale under the conditions
before mentioned.
"Apart from the consideration that,
even if the assessment fixed by TINS
board on the property of complainant is
axcessiye. this court cannot interfere,
there is no reason to think that the
board do not, in the language of the
act. honestly believe that the value
fixed by them on this property is its sell
ing price at fair sale Indeed TINS
last conclusion is not denied The COM
plainant AYERS that the property was
returned by him at 60 or TO per cent
Of its real value, in his estimation. And
we can presume that, when 1t is raised
by the board, they acted under the
statute. The ground of complaint is
that. by uniform and notorious practice,
other real and personal property is as
sessed for taxation at about 30 to 6O
per cent of its value, Notwithstanding
the act of assembly, and that this ac-
ton of the board of equalization for
railroads, departing from this practice
in the case of railroad property was
with the design, intent and purpose OF
putting the burden of tax alone ON
railroads. and not in order to carry out
the provision of the act of assembly.
EVIDENCE OF CONSPIRACY.
"Evid once of this design is deduced
from the course pursued with regard to
other property in the State. and the
practice prevailing of assessing such
property below its real value in money
a practice well known to this board, and
departed from by them in assessing the
property of railroads.
"A mass of testimony has been taken,
and has been filed with the record, with
respect to the mode and practice Of
assessment by the tax-district and coun-
ty boards. The result shows that for
a long period Of time, up to recent date,
and perhaps up to this time, the provis-
ions of the act of assembly have not
been regarded, and real and personal
property have been assessed for taxation
below the real value in money. But no
where does it appear in the ties imony hat
this is the result of pre-cencert, conni-
vance or conspiracy between and among
the boards. There is evidence of coin
cidence in opinion and action, of concur
renee in method and in general result,
but none whatever-that is, of direct evil
dence-of preconcert in action. Such
concert in action may possibly be IN
ferred from similarity in the result; but
the evidence shows that, although the
boards all assessed real and personal
property below its real value in money,
the course of the several boards was
capricious-without fixed method or
percentage. Although the average of
valuation was below the value in money
in all the counties concerning which ties
timony was offered, in some Of the coun-
ties parcels of land were assessed, some
above and some below their true value
in money But is this coincidence of ac-
ton and result on the part of the tax
district and county boards conclusive
evidence of design to put the burden
of taxation on railroad companies! Is
it susceptible of other explanation! 1t
would seem that it is the result of
vice in the system of assessment.
when we consider the independent
action of this board under statute
imperatiyely requiring them. i'll making
assessment, to take as standard the
true value of the property in money,
we cannot hold that this increase in
assessment is so excessive and unjust
as necessarily to indicate the design and
motive charged.