Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-05-30
IN THE SUPREME COURT OF THE
STATE OF NEVADA.
The State Of Nevada, Respondent.

The State Of Nevada, Respondent.
The Nevada Central Railroad Corr
pany., ct. al. Appellants.
STATEMENT -
This an action by the State for
the taxes for the year 1891 on ninety
miles of main track and two miles OF
side track and the other real property
of the Nevada Central Railroad Conn
pany, all situated in Lander county.
The assessor placed the valuation at
$158, 10000 and made the assessment
at $5,6S497, which with the statuatory
penalties aggregates SS,O63.43, the
amount demanded in the complaint
and for which the verdict and judg-
ment were rendered. After denying the
allegations of the complaint the ans
wer sets up the defense that the as
sessment was out of proportion to and
above the cash value of the property,
and asserts that in the year 1901 the
property was not of an, greater cash
value in the aggregate than $50, 944.0O.
1t is also alleged that the tax levy in
that county for the year- 1901 is illegal
because in excess OF the rate authoriz-.
ed by law. Seeking to AVOID penalties
for delinquencies the defendant made
and pleaded a tender OF 8 $500 fttr'
taxes upon this property Upon the
trial the State introduced Thea delin-
quent. list and rested, Thereupon the
defendant submitted in evidence the
minutes indicating that the taxes lev
led by the Beard of Commits sioners for
that year l4or. county purposes. .aggre-
gated. .sl,57 on each slloo of taxable
property. and introduced testimony
showing that the road was finished III
February 1880, that itshas iron rails
weighing: only thirty fisenpounds to
the yard instead Of much heavier, steel
rails used by all up-to--date. railroads.
that'ilthe ties are I'm poor condition,
that for the most part it is ballasted
only with sage brush dirt; that the
cost Of repairs, in. future Iq4 years, will be
increased and that the condition OF
business in the adjacent county will
not.'tend t6.increasei earnings, that if
the Southern Pacific Railroad cuts OFF
the curve at. Battle Mountain and runs
directly by the river as surveyed, and
evidently contemplated by the pur
chase Of rights Of way. the Nevada
Central will be compelled to build two
or three miles of new. track, in order
to connect. That the removable: val
ue Of the material which constitutes
the Ninety three miles OF road and
all the property under the levy was
s41,135.35 in .19Q1. That the rate of
interest on the different classes of
loans in Lander County that year var
led from g per- cent to - per cent.
That San Francisco Saving Banks
paid s is per cent, that money in New
York was worth 3 Il per GENT to 3
per cent and that United States
Bonds paid less thai" per cent per
annum. There was testimony that SO
large an amount could not be placed
in Lander county. Subject to- the OBJ
lection and exception Of counsel for
the State, ]. NJ Hiskey, the Secretary
and Auditor of The Nevada Central
Railroad Company. as witness on its
behalf, was allowed to testify that he
had examined the books and vouchers
of the Company and that for, the Cal
endar year 1901, the expenses from op
Grafton were $38,3722S: the earnings
from operation Se7T37!29; THE loss
from operation 1924. 80. and that in. ad
dition to this l9Ss. the, Company, paid
ss53.o3 for taxes in its personal prop
erty for that Year" Counsel for the
defendants asked: the witness if the
Company were. not liable for the
amount of taxes that the jury would
assess in this case. The objection tt
this Question Ewas Sustained. W.
quote iron the. record. an .importan'
part of the exaam,ina!ion Of A. !. Macs
tretti. swiFhees foT TIE State, regard
ing the income and expenses OF the
road :,st ~ y - ~ .sa'-'>tt. .-
G.. .HaYe yohs examined the book
of the - fsAafs eeafr2a| RaiFaaa e0p'
A. :.p,shaae.s snr.'A =" @''
@. Whar-is.ahr, result ..' - 'ns'
Mig .Street.E Gaze. nromeHt,.4 desh'
to eHa 9 a.a7 shq. witsess,a as TO his quail
Q. 'seStr tave'tever kabt books > T. I;
a mercantile fiA4aAaH'-f - v H7S1
A. shane itUt> e,-s:5 .,': = r. ~
@. Yousaere,Hhaa any practical e,
petiene &c i. bookkeeping did you?
G.. .-tMzxeu:-..:-zs--rcr1,,rss At H
Business College did you?
a. Yes sir. =
@. In that course did youfhAsp an
instruction whatever in Railroad boob
keeping? - -
A. Yes sir, the course was destine
to cover all branches: ofacomnlercia
and business bookkeeping. T..
Q. Respecting the result OF you
examipation Of the books of the NJ
vadax Cettral lRailroFG Company. 70
1901, I wifi ask you to state now /
receipts leu of the In Sfss lls e.hs f Rs
road company for that year?
Nit: Mayenbaum. i object, tina
question is entirely improper.
Mr. Street. We desire to show b
this witness that in the result whic
he is. now called upon to testify abou
that he included ficticious receipts {
money or sums which were never re
ceived by the Nevada Central Railroa
rov,owa Ill i