The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-12

tcontinued from PAGE oae5
properly subject 10 taxation. must be
taxed at their true and actual yaiue.
Fourth. In ascertaining the value
Of a railroad for taxation. asyaluation
must be fixed upon the property In
the county where the property Is ST.
uated. including such rolling stock.
machinery and other property required
by law to be returned for taxation In
that county. as part OF SUCH railroad.
Fifth. In. ascertaining the value OF
a railroad for taxation under the laws
of this State 1t is not proper to con.
slider the physical value only. OF the
road. Every element OF value, should
be considered SO that the entire val
ue Of the property shall be ascertain-
ed. The law does not exempt from
taxation any part OF the value OF a
railroad.
Sixth. That clause OF Sec. I, article
10, OF the constitution of this State
which provides that "the Legislature
shall have power to tax by uniform
and equal laws all privileges and fran
chises of persons and corporations. .
does not act OF its own yigor OF au.
thorize an executive officer to assess
a franchise for taxation. There can
be no taxation Of franchise without
authority Of the Legislature.
Seventh. When the, Legislature py
a valid act (Which 1t has done) re.
quires a railroad company using and
operating its road. in the exercise of
its franchise, to return for taxation
all the property owned or operated by
1t, and makes II, the duty Of the Board
of Public Works to assess for taxa.
ton all tho property required to be
SO returned, at its true and actual val
ne, 1t thereby authorizes and directs
the taxation Of such railroad with the
right Of the company to hold and use
It for such purpose. The right to
have the property where 1t is, and IN
use It for railroad purposes, is part
of the value Of the property to be
taxed. The use of. and the right 10
use a railroad which is being operated
as well as its physical value. should
be considered in fixing its value fol
taxation. The true and actual value
Of an operating railroad necessarily
includes the right to use 1t as such.
Eighth. A Circuit Court has no au
thority under the general jurisdiction
conferred upon It by the constitution
and laws OF the State, to review the
action of the Board of Public Works
making an assessment and valuation
OF a railroad. The right OF the owner
or operator of railroad to appea
to a Circuit Court from an assessment
and valuation of a railroad made by
the Board of Public Works is giyer
by Sec. "a, CHI. So Of the Acts Of the
Legislature Of 1905. and upon such ap
peal, Circuit Court has no powers
except such as are conferred upon Il
by said statute. This statute limits
the Jurisdiction of the court to ascer
tanning the true and actual value Of
the property SO assessed. The Cir
cult Court while acting under the stat
ute authorizing such appeal, cannot
inquire whether or not other property
In the county or State of equal value
with the railroad SO assessed, is val
ued at a higher or lower rate for tax
alton. for the purpose Of equalizlns
the assessments. No one species OF
property should be taxed higher than
any other species Of property Of equal
value. but il this has been done, the
Circuit Court would be powerless to
correct the wrong in this proceeding.
The assessment of the Board Of
Public Works Is confirmed.