The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1906-09-26

Having feached the conclusion
that the B. & o. B. Co.'S system OF
roads should all be taxed together
as whole becsuse all are operated
together as a money earning unit,
and that while the tangible proper
ty of the Company, may be consid-
cred. the amount and value of its
capital stock. the amount aud value
of it's indebtedness to those who
hold and own the evidence of its
Indebtedness. and earnings must
also be considered, We deem it pro-
Iper in this connection to ascertain
and determine whether the fran.
ohises of the different railroads
making up the Baltimore and Ohio
Railroad system may be consider
ed along with the rest of its pro-
perties as an element of value and
as constituting part of the proper
ty of the Companies The three
railroads constituting the Ohio
river division of the B. & o. &.
Company each. as appears from the
evidence has charter and the B.
& o r. has a charter, and each of
the four roads possesses and enjoys
special privileges and corporate
rights known as it's franchise. but
as all these roads are operated by
the B. & o r. Co. as whole and
as one system and profit earning
unit, we may for the purposes of
taxation consider the four franohis.
es as one. and that one belonging
to the operating road. If the
franchise of the road is taxed
specially as privilege and indie
pendent of the property of the
road to which it belongs. it would
not be taxed in that case as proper
ty but as privilege and GOULD not
be taxed by virtue of our oonstitu-
tional provision permitting privi-
leges to be taxed without q statdte
putting the constitutional provi
sion in operation; but being as
ISOLATED with other property be
longing to a corporation in suoh a
way as to confer special and ex-
ceptional privileges on the corpora
tion and go as to increase the value
of the property with which ii IL
connected it may be taxed as
valuable element of the property
with which it is associated.
See 125 Mich. 67s. "a, A MPSt.
Rep 587, 166 U s. 195.
The court in 75 S. W. S59, says,
The franchises of corporation.
exercised and enjoyed by it in a
city, are property, within the pro.
vision of the oity's charter requir
ing tax upon all property in it."
THE board in the assessment of
railroad and telegraph properties,
should unolude in its assessment
the value of the franchises with the
tangible property assessed"
So we hold that the franchise of
the B. & o. r. %. associated and
connected with its other property
constituting its railroad, is taxable
along with the property with which
it ls associated and as part of it.
We now come to the vital ques-
tion here, too high. If it be right
to assess appellants properties as
whole and after doing 30 to ap-
portion the aggregate value among
che several counties of the state
through which the different roads
constituting its system passes, it
will be found that the task of vaIu-
ing the entire system is much less
difficult than the task of apportiun.
lug among the several counties the
aggregate value.
The CouIt takes it to be imma.
terial whether the board of public
works oonsidered what would be
deemed in a court of law legal evi
denoe or not if the conclusion
reached by the board is correct. Il
is also immaterial by what process
of reasoning the board reached its
conclusions. if the conclusion
reached is right. The Company is
not prejudiced if the value fixed
by the board is not above the true,
actual value of its property. If the
board erred in apportioning the
value fixed by it on the company's
whole property among the several
counties; yet the company is not
pref jadiced thereby unless it can be
shown that the aggregate amount
0e tavaa nbioh Eba oon~ar- :.