The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-03-05
JUDGE MOSES UPHOLDS BOARD OF
PUBLIC WORKS, BUT LOWERS
RAILROAD ASSESSMENTS SLIGHTLY

BOARD of Public works. where said
lcorporation made return Of said prop
lerty to ;he Board Of Public Works.
An objection to being assessed as
operator, made by said railroad for
1 the first time In d Circuit Court. upon
appeal from such assessment, comes
too fatc. II
!, "a Under the tax laws of 1905, an
appeal from the assessment made by
the goatd Of Public works on rail-.
road property, brings the case before
1.-THE Circuit Court for a trial de noyo
to the extent at least that only such
evidence as Is introduced before the
! Circuit Court can be considered by IL
in determining the issues involved.
Evidence introduced before the Board
Of Public Works and not introduced
before The Circuit Cont, cannot be
considered on such appeal.
tD Under the tax laws OF 1905. all
property, real personal and mixed,
both the property of individuals and
corporations. must be assessed after
the year 1905 at Its true and actuas
value, that is to say. at the price
for which such property would seilsif
voluntarily offered for sale by the
owner thereof, and no element OF
value whatsoever should be excluded
in arriving at the amount of such as:
sessmant. The sale value and the
taxable value are by this statute made
identical.
90 All elements which a reason.
able and competent investor womb
naturally and necessarily take into
consid sration as constituting q part
of the r,lfae Of a railroad, should prop.
erly be taken into consideration by
an assessing tribunal. II any such
element OF value. whether tangible
or intangible, should be ignored, it
would be in plain violation OF the spe-
cifc provisions Of the statute. h,
e, In yaIuing railroad property for
taxation, the taking into consideration
of fits profit earning power as an eIe.
ment Of value is not the taxing OF
1.-THE railroad company's franchise, but
rs merely complying with the man
date Of the statute requiring all ele.
ments Of value to be considered which
lwould contribute to sale!
But even though the consideration
of the profit earning power, as an ele-
ment Of value were the taxing of a
franchise. 1t Is legal. because the Con.
stitution Of the State expressly pro.
yides saat the Legislature may tax a
franchise. and the Acts of the Legis-
lature os 1905 necessarily require by
their cypress terms, that the profit
earning ROVER shall be taken into con.
sideratlon. AMI thus the provisions OF
the Constitution are enacted into ex.
isting Inv blythe Legislature.
ADD JUDGE MOSS TWO 4. 4!
90 The Circuit Court. on appeal,
must decide the case upon the record
Feven though the evidence be incom.
plete and unsatisfactory. While the
Court cannot make vaines outside the
\ State 10 contribute to the valuation in
the State for the purpose Of taxation.
1t may consider valuations outside
the State as furnishing information
concerning or throwing light upon val.
nations within the State. The rule
is the same as to valuations in
the State but outside the county
wherein the appeal is taken.
ts) In considering the valuation
Of a specified portion Of a railroad
lying within particular county. lis
connections with the entire system Of
railroad. and the advantage to II from
such connection, must be considered
The true and actual value Of that por.
ton Of railroad can only be ascer.
tanned by considering IL as an int.
grail part of the railroad system.
~ Physical value depending
upon the quality and quantity Of
rails, belfast. ties aud real estate, is
one element to be considered in arriv-
ing Mt the true and actual value Of
the PARTON Of railroad in a coun!
" but 1T is not the uniy element to
be considered and hence valuation
BASED on the phystca, value alone is
erroneous.
dW It Is. the duty OF the courts
to give effect to the intention, Of the
Legislature and a law should always
be upheld by the courts unless II be
in plain contrayention OF the consti.
tnt:nn or some existing law of the
State, not repealed by such new law.
(1f) While the profit earning
power, the physical value, the sitaa-
ton and connection Of the portion Of
the railroad to be valued, are all eie-
Ements to be considered in arriving at
q valuation per mile or the road bed