The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-14
RAILROADS MUST
FACE THE ISSUE
Continued From First Page.)


value, or at higher rate than the in.
dividual property of the State is as
Sessed for like purposes.
That it is not true, as alleged by the
plaintiff and the other complaining rail
roads and telegraph companies, that
there has grown UP in North Carolina
a well recognized and established rule
and system to assess for taxation all
property other than railroad property
at from 90 per cent to go per cent of its
true value in money, or at less than
its true value in money. Nor is it
true that property in North Carolina
other than railroad property is syste-
matically, Intentionally designedly and
arbitrarily assessed at such UNDERWRITERS
by the local county boards of assessors,
nor that any rule of intentional under
valuation prevails generally through
out the State
That it is not true that any such
rule or system of reduction or under
valuation was applied in the assessment
of individual property for taxation un-
der the Act of the Legislature of 1899
made during the month of June.
That they are informed and believe
that as a whole, the individual property
of. the State was honestly assessed by
the local Board of Assessors in the
several counties of the State, as re-
quired by law, at approximately its
true value in money on the first day OF
June, without any purpose or intent to
discriminate against any class of prop
erty, or without any purpose of reducing
the proportionate burdens of the eXpen-
SEES of the State government which each
particular county would have TO bear.
That they deny that it was the pur.
pose or intent of the Legislature of
North Carolina of 1899, in providing
and prescribing methods for the assess
ment of railroad property and ether
classes of property, to encourage or pro-
cure railroad property to be assessed
at greater relative value than other
property of the State. or TO Impose upon
railroad property of the State more
than its fair proportion of the burdens
of taxation.
That it is not true that an honest ap-
plication of the different methods pre-
scribed by said Legislature for assessing
different kinds of property, or that the
method applied by the. Corporation Com
mission in yaluing the railroad property
of the State, does in fact result in tax
and unjustly, and in violation of any
principle of the Constitution and Laws
either of North Carolina or the United
States. On the contrary, they submit
that an examination of the several acts
of said Legislature with reference to the
appraisement and valuation of all kinds
of property, both private and corporate.
will show that it was the purpose OF
css,i1 II 49,.
and equal valuation for taxation of all
classes and kinds of property according
to its true value in money.
In confirmation Of this statement. they
not only call attention Of the court to
the provisions of said several acts OF
said Legislature, requiring assessors of
both private and corporate property TO
consider all facts and circumstances
which might aid them in arriving at the
true money value of property; but they
call the attention of the court to the
stringent oaths prescribed by said Legis-
lature for local assessors. both at the
time they enter upon the discharge of
their duties and when they file their
final assessment with the appropriate
officer, as well as the act of the said
Legislature, directing the said Corpora
property as to require it to bear its
share of the burdens of taxation And
they submit to the court that it is
apparent from these several provisions
that it was the purpose and intent OF
the Legislature to secure an equal and
uniform valuation Of all kinds of prop
erty upon the basis of its true value.
In refutation of the suggestion made.
by the plaintiffs and the other com
planning roads aforesaid, that the Legis-
lature and executive branches of the gov
ernment,as well as the general public well
know of an established rule of reduction
in the valuation of individual property,
and we'll know that railroad property
was valued in excess of its actual value,
they call the attention OF the court
to the act of the Legislature afore-
said providing for the revision and re-
assessment of railroad property, in
which the said Legislature inferrential-
iy, at least, expressed the opinion of
that body, that railroad property, as
then assessed, did not bear ks fair pro-
portion of the burdens Of taxation, and
directed the Corporation Commission to
50 Increase such assessments where
such increase was justified, as would
mani tdcH DdIl dIu IdTGei Oh FallTDdd
property in the State bear its fair pro-
portion Of the burdens of taxation And
they say that this expression of opinion
and direction on the part of the Legis-
lature was not a result of any purpose
or design on the part of that body to
cause the railroad property to be as
sessed relatively higher than other prop
erty, but was an expression Of an opin-
ion which prevailed generally among
the people that railroad property was
not valued relatively as high as the
other property of the State.
That it is true that they, as said Cor
poration Commission, increased the as
sessed valuation of the property of the
plaintiff and of some of the other COM
planning railroads and the Telegraph
Company. But it is also true, as they
are informed and believe, that there has
been substantial increase of the as
sessment of the individual property in
the State. In some sections this in
crease of individual property has been
very marked, and with slight local ex-
ceptions, has been general throughout
the State.
1t is true that the ratio of increase
of railroad property has been greater
than that of individual property. But
II is also frIIp as they verify believe