The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-27
WON'T DOT AN ''P'
Or CROSS A IT" IN
SECTION FIFTY
Continued from First Page.)

is valued in the same way. The Legis-
lature has always prescribed different
method Of ascertaining the value OF rail-
road property from that of private prop
ertv This is necessary from the nature
of the property. The same powers are
not granted to private corporations th2t
are granted to railroads. When they are
given exclusive privileges they ought 10
he willing to pay a reasonable amount
in returns in taxes.
The Florida Central Railroad VS.. Rey-
nolds. was read at some length to show
that the State has the right of employ
ing different methods of arriving at the
value of property if all property similar
" situated is assessed in the same way
All of the same class must be treated
alike.
In North Carolina railroads are as
sessed at $4,000, 600. They earn six per
cent on $1O7 600, 600 and four per cent on
$157 900, 600. The Legislature of 1901 saw
that such assessment was not just 10
other tax payers and they created section
so. directing the precise method the Cor
poration Commission shall employ in de-
termining the true value.
mission, he said Major Shaw had made
that section so had been put in as
compromise.
Major Shaw: eff the agreement can
be called a compromise, nobody ever
heard of section so as a part of it.
never heard of it and nobody represent
ing the roads I represent ever heard of
it in any agreement made. l wish to
D. To-,
understood.
Hon. Cyrus B. Watson followed. as at
torney of the Norfolk and Western. He
said the question involved was whether
the Corporation Commission was to OK
ercise it's discretion and judgment in
making the assessment or whether it
was merely to add up a sum in arith
metic He did not believe in making
the method mandatory If a railroad
has been unfortunate enough to have
mortgage, it was not right to make it
pay tax on it's debt. The Corporation
Commission ought not to be limited to
their mathematical knowledge. If that
is all, any school boy can add up the
figures. 1t should have discretion to
hear and determine. The Supreme court
has said that subsection a is discretion
airy and subsection b is mandatory.
The facts adduced are evidence
Mr.. Davidson: rs it certain that the
act is mandatory"
Mr.. Watson: "If you adopt Senator
Henderson's amendment you make it
clear that discretion is given"
Mr.. Graham: 1.-THE section as it stands
gives the Corporation Commission all the
discretion they ought TO be given. No
law could be fairer."
Mr. Doughton: HAS the Commission
discretion under subsection b."
Judge Graham: "They ought not to
have We ought to lay down the rules
We know the best methods. Section fifty
gives all the discretion that is neces-
sarv."
Senator Henderson said it seemed that
there was some difference of opinion a3
to whether discretion was reposed in the
Corporation Commission. Why not
adopt my amendment and confer it upon
them? l represent no corporatiOn-nevcr
represented a railroad in my life. | was
in the Senate of 1901. Nobody knew any
thing about section so, or the meaning
of the words used. The section was not
read in the Senate, and not three men in
that body knew that it was in the act
until the Legislature had adjourned.
The trouble is that the Supreme court
has laid down an iron-clad rule as to
subsection b. 1t has decided nothing
except that tangible and intangible prop
crty can be assessed separately.
The present section would destroy
little railroads like the one from Sails
bury to Norwood, forty-one miles long
The franchise of some roads is worth
more than the franchise of other roads.
The North Carolina Railroad is worth
seven and a half million dollars. IL
cost coo to build it.
Mr.. Smith, of Gates, said the language
OF section so implied a discretion within
the three lines laid down by the see
ton. The Corporation Commission must
work within the limits laid down.
The vote was then put on Mr. Hender
sons amendment. 1t was defeated by q
vote of II to ;. Judge Graham's motion
to adopt the section without change was
then adopted by II to 5.
Senator James d. Glenn of Guilford,
then said he wished to make the poirt
of order that this was not a Joint COM
mittee in session, but a meeting of the
House and Senate Committees II make
the point" he continued, that the vote
be taken separately and reported separ-
ately to the two Houses
Chairman London: THE usual custom
Of putting viva voce vote of the joint
committee has been pursued"
Mr. Henderson: mo man is bound by
the report, specially if he gives notice. .
General Glenn; 1.-THE Senate Commit
tee should make its own report"
And that ended the fight 1t is not be-
lieved that there will be much fight in
the House, but the remarks of Senators
Henderson and Glenn would Indicate
that they will continue the fight to amend
section fifty in the Senate.