The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-08-28
B. { IE
10 1 !. !. I !!
ASS s
Z Lega1 Battle IN oyv
On IN Earnest

road Company against the assessment
fixed on its. property by the State
Board Of Public Works began yester
day before Judge Pars6ns of this cir.
4 cult, which comprises the counties Of
Mason, Jackson and Roane. A score
sI.ot distinguished lawyers were on
Ilhand, in addition to General Manager
Thomas Fitzgerald, engineers and 9th
er officials of the railroad company.
AT the outset. Wesley nroIohan. Of
.fcouDsel for the railroad, male the
point that the assessment of the Ohio
river railroads property was erron.
eously charged against the Baltimore
and Ohio. It was asserted that the
Ohio River Railroad Company was a
separate, distinct corporation
Counsel for the State were clearly
surprised by this startling late day
tcontcntlon. in the face Of the fact tEG.
the Baltimore and ohlos, auditor had
made a sworn statement etaoineta nj
made a sworn return Of the Ohio rIve''
.sroad. for taxation to the State board of
public works, in conformity to the law
| and this fact was set up against the
technlcaIity raised.
Ownership of the Ohio River road
by the Baltimore and Ohio was not dis.
sputed; the point raised was that the
Ohio River railroad was subsidiary
and separate and not part. OF the Balti-
more and lOhio,s main system.
1 Judge Parsons announced that h.
Hwould decide this point Tuesday.
This question is, however. only pre-
,iiminary to the great battle along the
line Of the justice or excessfveness of
! the assessments made by the state
board Of public works in this dis
trict.
The railroad lis represented in q
legal capacity by Wesley Molohan, W.
EG. Matthew'S and George McClintlc.o of
Charleston: John W.9Davis. of clarks
burg; w. w. Van Wrinkle, of Parkers-
burg; Rankin Wiley.of Point Pleasant.
and John Bartlett, of Jackson county.
The State is. represented by Tax
! !Commlssioner c. w. Dillon: Hon
Charles Edgar Hogg. Of Pt Pleasant;
G. w, Campbell and George McCon'
nell, OF Huntington.
Judge Parsons held that there must
he record before the hearing pro
ceeded properly, and in spite of objec
tion admitted the certlacation Of the
Secretary of state; AS the State con.
tends that the board had OILY to as
sess the railroad in the aggregate, the
admission of the certiRcation showing
the values of each integral part of the
railroad in the different counties is a
signal victory. Judge Parsons ruled
for the state on the other issues rails
ed. holding that the railroad must take
the affirmative and prove by legaI evi.
dence that the assessment is too high.
Governor Dawson admitted the fail
ure Of the board of public works to
certify assessments in detail was em-
.barrassng, and that Secretary of
State swisher, who Is also secretary
of the board, had asked him some time
ago to write out the form, but owing
to stress OF other business he had not
time TO do so.
Tax Commissioner Dillon moved
that as no assessments had been made
against the Ohio River railroad, the
appeal should be dismissed. Railroad
Counsel Mollehan then read a petition
reclting that the Ohio River railroal
lis in West virginia, is u corporation
with line running from Guyandotte
to within four miles OF Wheeling on
tracks Of another company, it has lit
tie rolling stock in Mason; that in la y
the Baltimore and Ohio is a distinct
corporation from the Ohio River rail
road. In no State, he says, does the
Baltimore anu Ohio possess a single
mile Of track assessed as high as the
Ohio River railroad He also criticised
assessment of the rolling stock as pre-.
posterous. being made without evil
dence or examination
1 Mr.. Dillon said the board has not
assessed Ohio River road separately,
as the B. and o. had made return for
it as part OF its system, owning 90
per cent. OF Ohio River stock. The as
sessment had been made scientitioal-
~ on the published earning capacity
OF the road. its net income after
paying operating expenses. taxes and
1interest was some eting over. IS, 00,,
900.
4 Attofney I1pg explal that tlae
ssboard sofS public sarlSs 81 rea cI1ing its
ssallia ations had conaldeFed the earn