The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-08-30
Judge Parsons
Will Hand Down

cntinp tom 9nes
mi ston IS
failFoads counsel etitilsa t9 ttist (
tingliish between the Baltimore and
Ohio and Ohio n yer roads Is sepas
rite corporal tons. and to charge the
state with error In assessing the Ohio
River again the Baltimore and Ohio.
Governor Dawson, as counsel for
the state tried 70 show that AIr. Grit
9TH used President oHcaEG MurTay's
annual report to the stockholders for
a basis, sand the governor cited the
Chronicle and Poor's
Manual, but the court did not con.
slider these authorities as proper legal
evidence in review before; although
they would have been used by the
state board In It's capacity as an In
yestigatlng and administrative body.
Quite a Controversy.
There was lively argument par
tictpated in by Attorney Molohan for
the railroad and Messrss Dillon, Hogg
and Dawson for the State, over the
question Of showing tne processes
whereby the board arrived at its con-
illusions. The court evidently want.
ing to facilitate the hearing. ruled
that legal evidence could consist only
in such facts as presented at this
hearing.
witness Grtmth explained that
President Murray's report was dated
june 80. 1905. and that his was De.
cember 81, 1905. The same distinction
was made when General Manager Fitz.
gerald's committee was shown TO have
reportedla depreciation Of over $1,000
600 in the company's rolling stock
Mr.. Griffith talked Of the rolling stock
being inferior on the Ohio River road,
but admitted to Governor Dawson that
on the seventeen-mile grade near Pied
mont and other parts of West Virginia,
the engines and cars were as good as
other parts of its entire system.
The line of procedure for the rail-
road was apparently to show that
the State board on assessing the Balti-
more and Ohio, with one-rourth of it's
property invest Virginia.
DIsreaarded Earnings,
character, Of engines, etc. Captain
Howard told how he valued The Ohio
River bridge and other bridges. His
testimony was not important although
his admission that he had been always
occupied in building county highway
bridges and had no connections with
a railroad bridge. was pressed by MIR.
Nfo1ohan.
Governor Dawson detailed Tow the
State board had got at the Baltimore
and Ohio's value by its return made
out by Tax Agent Grif1th, by President
Murray's official report of the gross
and net earnings, bonded Indebtedness
and par value of the stock and by
general observations.
The company's assessment was
made almost $4,000, 600 for West Vtr.
GINA. In the governors opinion it
should have been $10o,O0OG10. He
left the impression that his colleagues
on the board did not think 1t should
be so high as he did. The governor
supported the assessment Ivy quoting
the company's net, earnings of over
S., 100000 in a year for West Virginia.
Capitalized on this basis OF 5.or per
cent. the railroad system in this State
should be assessed at from $4,000,
BOO to 100000, 600, instead. Of $7e, 000,.
OOO The governor repeated tine AMI
again that he didn't know who owned
the Ohio River and its branches in
this Judicial circuit All the board
knew or cared TO know was that the
property was returned for taxation
this year by the Baltimore and Ohio,
as it had been for the last five or six
years. For taxation purposes this
seemed to be sufficient for the rail-
road company. and it was
Satisfactory to the State.
The governor said he had heard that
the Baltimore and Ohio owned SO per
cent. of the Ohio Rivers stock. How
aver. that feature was not considered
by the board. 1t assessed all property
by the Baltimore an Ohio,
and then distributed the taxes among
he counties traversed. After much
figures and statistics
galore, the governor was enabled to
explain that railroad real estate. like
stations, was assessed by the local
assessors.
Mr.. Griffith stated that thu com
oany's return for this class of prop