The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-25
OTHER JUDGES
NOT HERE YET.

The appeal cases Of the Baltimore
ana Ohio Railroad Company VS.. the
! Roard Of Public Works OF West Vtr.
ginia were started today in Judge Ma
sons court. Some time was consrm'
y Cd BY misunderstanding as to when
the Judges Of the various circuits
should be here. Commissions Dillon
and the railroad attorneys thought
that they would meet all the Judges
here today and that the testimony
would be all taken before them. Judge
Mason did not so understand the plan.
He thought that to-day evidence would
be taken on the lines that were in his
circuit and that the evidence for the
: lines In the other circuits would be
taken tomorrow. He advised the
b, iudges of the other circuits according
to. his, understanding OF the matter.
ii was after eleven O'Clock when
the first document was Offered in evil
sdence. Attorney Mollohan offered in
evidence the charter OF the Fairmont.
Morgantown and Pittsburg Railroad
Company, which was objected TO by
Y Tax Commissioner Dillon. JUDGE Ma
son ruled that the charter wa prop
Ell evidence and 1t was admlt"i,
AT this point Gov. Dawson, Attorney
Bond. chief counsel for the Baltimore
ana Ohio Railroad Company anil Attor-
ney, Brown we're admitted 10 practice
ii the Circuit Court Of Marion coun-
ty
Attorney Mollohan then tried to In
troduce in evidence statement sent
out by the Secretary Of StHe to the
County Courts OF the State. This
statement was said to ha"" been sent
out by the Secretary Of State so that
y ii might guide and he en- aid to the
County Courts apportion'ng the taxes
of the railroads There was quite a
wrangle over this paper in which At
torney Mollohan, Gov Dawson and
Commissioner Dillon took part. Com
missioner Dillon and Gov. Dawson
claimed that It was not an official doc
fiment. Neither di.l It pnrport to be.
They contended that the books, the
( s pfficial record, were the best evidence,
and they alone should be admitted in
evidence. Mr.. MoIlahan contended
that this paper showed the value plac'
ed on each main track, each side track
and the machinery belonging to the
company and that it was the only way
by which they could determine wheth,
er their road or any part of it was as
sessed too high. The paper was ad,
mitted iq evidence.
Samuel d. Brady, OF. Parkersbure
the first witness in the case, testified
that he as an engineer went over the
roads and made an estimate OF the
physical valDe of the roads. He made
estimate on a mile. No aggregate es
& tlmate was given.
s Mr.. Nallohan introduced letter
from Secretary Swisher concerning the
value nj the Pawpaw railroad
Mr.. Brady again took the stand. He
stated that he examined the track and
properties OF this road about thirty
DAYS ago. The train went about five
miles an hour. He said that the road
not taking the bridges into cOnsiiera
ton was like sdings. It Is Of very
light construction. The ballast Is about
six inches. He said that he made q
Y thorough examination Of the physical
value Of the road and found that II
was worth $16.400 per mile and that
the sidings were worth $4,000 per mile
and the entire value Of the road is
S1S5,6SO.
5 Commissioner Dillon asked Mr.
Brady whether he had been employed
by the Baltimore and Ohio Railroad
Company or not? Mr.. Brady said that
4 HHtbn thn Do1f
more and Ohio Railroad Company
hired him % not,
The witness only made an approx
mate estimate Of the physical value
of the road. He knew nothing ahovt
the value of the road other than tht
cost of its construction and putting s.
in shape for operation. The witness
would talk Of nothing but the physi
cal value Of the road. COMMISSIONS
q Dillon made the witness sguirm, bu
he stuck to his pet answer Mr.
Brady's report of his examination o
the Pawpaw road was introduced II
" evidence.
The assessments Of the F., N. ant
p railroad and of the Pawpaw rail
road were introduced In evidence.
Secretary Swlsher's letter concern
ing the value of the Fairmont, shlnns
ton and Glarksburg railway was inrto
duced in evidence.
Attorneys Mollahan, Bond, Brown
VanWinkle and U. N, Arnett represen
the plaintiff; Governor Dawson Com
missioner Dillon, Attorneys McComai
and Campbell represent the defendant
Governor Dawson will take the. wit
kVVtaflaHr 'Vff1Rn
The several Judges VIII be here tn
morrow when dence VIII N
asen tliat tsey wilIstaye y