The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-08-10
sPEeIAL MONTHLY AND YEARLY RATES.
ARGUMENT
SUBMITTED

SUBMITTED.
IMPORTANT TEST CASE UNDER
NEW ASSESSMENT LAW UP FOR
HEARING ~ SUPREME COURT
WILLpEctDE THE DISPUTE BE-
TWEEN MCDOWELL ASSESSOR
AND sTATETAx COMMISSIONS
ar.
CHARLESTON, Aug i0.-An inter
esting test case was argued in the
supreme court at C'larles:on yester-
day, Involving the assessment of State
banks. under the Dawson tax laws
Under the present Iaw there ARC TWO
methods OF assessing banks and la
bank may elect which pan 1t will be
assessed under. If the second OF a.
Tentative method be chosen. the bank
makes a return$t to the assessor of per-
sonal property for the proper district,
setting forth under oath OF It's presi:
dent If cashier,and the signatures Of
three of its directors. Its capital stock,
surplus and undivided profits, as well
as the value Of its real estate and any
securities and other p.;.lcrttGs that 1t
own. From the sum total OF this
capital, surplus and undivided prpHts,
the deducts the value of the
banks real estate and property that It
may own, that 1 exempr from taxation
and thus ascertains tho valtte! Of the
banks capital for assessment plrs
poses.
Having chosen this method OF as
sessment, the mcdowell county bank
returned its property as hcrein before
detailed to j.. Walto: Glnyhcel, The ar
OF personal property for b
First district Of Mcneweil co tnty, and
claimed that the assessor should tie
duct from the sum total of lis capital,
surplus and undivided profits the nc
.tual value of Its real estate and 500
shares Of stock that tue hark owned
in the Pocahontas Co %lsolfdnted ON.
.pany. This the assessor believed to
be right under the law an,l was PRO;
ceeding to do when he receitcd a let.
ter Of instruction from the Hon. G.. W.
Dillon, State tax commissioners. direct.
ing him in the first plat1 to allow no
deduction on account OF the banks
stock in the Pocahontns company. and
in the second place, to allow a deduc
ton on account Of the bnnk'a real prop
erty at its assessed value as 1t stood
on the land books OF the county in,
stead of its true and actual value.
The law authorizts the state tax
commissioner 10 give instructions 10.
the ses OF the various counties OF
the State. and they are corAll. lied TO.
obeyythe same. or be punished nj re.
moved from Office. IN: ass the instruc'
tons themselves be contrary to law,
In which event they are a. liberty to
dfsobey the same. IN tho present
case Mr.. GRAPHICAL the Mcdowell cou1-
ty assessor, being OF the opinion that
Mr.. Dfllon's Instructions to him we're
In violation Of the STATUTE. and con-
trary to law, positively declined to
obey the same, and was proceeding to
allow the Mcdowell county bank a
deduction on accoung Of its $4,000 OF
Pocahontas Consolidated stock and q
further deduction OH account OF its
real estate at its true and actual value.
The State tax commissioners thereuPo1
applied to the supreme court of ap.
peals for a writ ofmardamus compell-
ing the assessor to obey his i1struc-.
lions and deny the deductions. An al
Tentative writ Of man Janus was Is.
sued and a special term Of The SUI
preme court was called for the purpose
OF settling the question yesterday, as.
well as for the purpose of trjing an.
other tax case likewise arising on nan
damus from the county of Braxton
The Mcdowell county Ease was ar.
gued and submitted n Charleston yes
terday and the Braxt0n county case
viii be argued TO-DAY.
The assessor % mcdowell, In sup
port OF his right dfsobey ME-. pllsS
Ions instructions upor u edt3estiof Of
stock dedncionE eontendcaS la his
turn ndhfonghli counsel such
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