The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-12

lines ........-. ....- 2,9I5,l23.92
Light and water compa-
MES, ........-...... 1875, 904.2T
Pipe lines ............ 2G,4S5,s64.55
Total ...-...,....s2 OS. 1896, 945.Os
This is a very great increase over
the values at which these properties
were heretofore assessed, some of
which were assessed by the local as.
SCISSORS under the old law. The last
previous assessment OF railroads was
at 100000; as above It is $177,425..
9s0.Gs. The rest Of the property was
locally assessed heretofore, but the
values were many times less than rs
above givne.
Railroad Suits.
The statute allows any OF these In.
terests the right of appeal from the
assessment of the Board to the Cir
cult Court OF the county in which the
property is. All the interstate rail-
roads, except the Pennsylvania lines,
took advantage Of this law. The nc.
cessity Of amendment OF this law is
shown by the fact that the Baltimore
6 Ihio Railroad Company, which was
amongt he appellants, lies in twenty
six counties, and unless an agreement
has been made 10 the contrary, It
would have been necessary to have
had twenty-six different hearings. This
fact alone shows the impracticability
of the present Law and the necessity
of a change in 1t, which refer to else
where. The only cases SO far heard
are those OF the Baltimore & Ohio
Railroad Company. The first case was
in the Fifth judicial circuit, consisting
of the counties Of Calhoun. Jackson,
Mason and Roane, before Judge W. a.
Parsons. By agreement Judge Parsons
sitting at Point Pleasant, heard the
case concerning all OF the property Of
the company in the three counties of
Jackson, Mason and Roane. The liti.
CATION on the part of the State was
in charge OF your very able and eff
Gent State Tax Commissioner, MIR.
Charles w. Dillon, who had other coun.
sci to assist him. At his request I at
tended the trial and assisted. AZ the
hearing before Judge Parsons It was
the contention Of the railroad company
that the physical value only of their
property was asssssable, and they in
troduced evidence TO show that value;
the physical value being what 1t
would cost 10 reproduce the property,
with proper allowance for deprecia-
ton. The State contention was that
the Board of Public Works was com
Inanded by law TO assess this property
at its market value, and whatever
went TO make the market value, in nd
dition to the physical valae. was as
sessable; that the physical value
might be OF might not be the market
value, and that would be determined
largely by the earning capacity OF the
property. Judge Parsons sustained
the contention OF the State at all
points. in an abby written opinion, and
upheld the assessment OF the board.
The next hearing was before Judge
J. c. McWhorter, OF the Twelfth ju.
dictal circuit, composed of Braxton,
Nicholas, Upshur and Webster roun.
ties, which took place at Sutton, and
by agreement all the property Of the
company IN all the counties of his cir
cult WIS included. For want Of time
the argument was postponed until the
meeting at Fairmont mentioned be-
low). where Jadse Mcwhorter attend
ed. along with Judge John H. Holt, of
the Fifteenth circuit, Judge Charles
W. Lynch. of The Thirteenth circuit:
Judge F. NJ. Reynolds, Of the Sixteenth
circuit, and Judge E. Boyd Faulkner,
Of the Eighteenth circuit. The next
hearing VAS before Judge John W. Ma
son, OF the Fourteenth judicial cir
cult. composed Of the counties of Ma.
rion and MononEalia. The hearing
was at Morgantown. bHt II was limit
ed TO the property Of the Baltimore
and Ihio Railroad Company in Monun.
gala county, the company not con-
scnting that the hearing should be
held as to its property in both conn
ties. Judge Mason announced that he
would not render the decision until
after he completed the hearing at Fair.
mont. The latter part OF October
there was a hearing at Fairmout. by
agreement. at which there were mum.
Der of the judges present (named
above) besides Judge Mason, where
the testimony was taken down in
shorthand and was TO be Transcribed
and a copy furnished to each OF the
judges. No decision has been render.
ed by any OF the judges who sat at
Fairmont.
Railroad Passes.
The railroad corporations are evil
tied to the commendatIon of all good
citizens for the voluntary abolition Of