The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1901-09-10
Miscellaneous.
a sUTTTO COMPEL HIGHER VALUATION
OF RAILROADS.

Maudamus ASKED against the commission
bv Sheriff Jackson Of WashingtOn-Would
Increase Values From S4S, OOO,O 900 to
$50, 600, 0O0-Ths Case is to be Heard
Here Before Judge Robinson.
A suit was started yesterday in
Wake county to compel the North
Carolina Corporation Commission to
increase the tax valuation of rail,
road property in the State from $43,-
900, 900 to $3.50, 600, 600.
The proceeding is a petition for
mandamus, brought by Sheriff w. j.
Jackson, of Washington county, N.
c., and returnable before Judge w.
s. OBJ. Robinson at chambers, in this
CITY, on September 23rd.
Mr.. Fl. S. Ward, of Plymouth, is
attorney for Sheriff Jackson.
The petition sets forth that Frank
lin McNeiI, Samuel L. Rogers and
D. 81. Abbott are the duly consti-
tinted members of the North Carolina
CORPORATION Commission, and as
such they are required by section AZ
of chapter 2 of the laws of 1901 to
~appraise and assess for taxation rail
road, telegraph, telephone, street
railway, canal and steamboat prop
erty. and the property of other oom-
panies exercising the right of emil
nent domain.
"That the defendants as members
of the said North Carolina Corpora
ton Commission have failed and re-
fused to determine the value of, and
assess for taxation, the tangible
property of the railroad companies
in this State, to-wit the franchises
separately from the assessment of
the tangible property as they are
directed 80 do by sections 43 and so
of chapter z, public laws of 1901, and
have failed and refused to attempt
to make such valuation and assess
ment. And have failed and refused
to determine or to attempt to de-
termine the market value of the
capital stock, certificate of indebted
ness, bonds and other securities of
said companies in their assessment
of the properties of said companies.
''That he is informed and believes
and AYERS that said Corporation
Commission is in possession of re-
liable evidence TO the effect that the
market value of capital stock certif-
oates, bonds and other securities of
the railroad companies in this State
is as much as $3.50, 600, 900. The
value of the tangible or physical
property of said companies is found
by said Commission to be about $42,-
900, 600, so that the assessment of
the said franchises as above set out
and as the law directs, would find
the value thereof to be approximate
~ $3.50, OOO,O 900, which it is the duty
of said Commission to assess for taxa
ton in this State in addition to their
assessment of the said physical prop
erty."
4Adb THO p4d4ACAA . q OAoAACA 0HO
taxpayer of the State, that he has
demanded of she members of the
Commission that they proceed TO
perform the duty set out above and
they refused and still refuse.
Therefore he prays that a peremp.
tory writ issue from the court to the
said Commissioners commanding
them to proceed without delay to
assess and make due return of the
said franchises and to so perform
their official duties as above set out
and as defined in section so, chapter
2, public laws of 1901, and to per
form such other and further duties
as may be necessary to that end
News and Observer.