The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894. Page: 76
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76 FEDRaaL RaoRTEa, vol. 63.
In Telegraph Co. v. Katkamp, 103 Ill. 420, which was a proceeding
to condemn the right of way for telegraph poles, it was sought by
the owner of the land to augment the value of the small spaces to be
occupied by the poles by showing the probable inconvenience in
plowing out at the point of the poles; but the court, after ascer-
taining the value per acre of the land, based its estimation upon the
quantity of ground which would be occupied by the poles had the
sum of it been placed in one continuous strip, and after ascertain-
ing by this means that the value of this strip would, as compared to
the acre value of the tract, amount to not more than $36, set aside
a verdict for $38.50. The space occupied by 1,500 poles aggregates
18,000 square feet,-a space equal only to a lot 18x100 feet. The
sum of $7,500, charged in this ordinance, represents a capital of
$125,000. Perhaps there are pieces of ground at the business
centers of St. Louis which might approximate these figures; yet
the evidence of sales actually made during the period in question on
streets where defendant's wires run does not present any such fig-
ures by from one hundred to many hundred per cent.
Willing, ,as the court is, to accord to the city the full measure,
even "heaped up and running over," of the rental value of its high-
ways used by the defendant, it ought not to permit it to take the
pound of flesh, and a half pound more. For this reason, this issue
is found for the defendant. Verdict and judgment accordingly for
the defendant,
ATLANTIC TRUST CO. OF NEW YORK v. TOWN OF DARLINGTON.
(rcuit Court, D. South Carolina. September 4, 1894.)
L Tows-AiDmI e RAILoaD Coxs~avRonro-CorPoATR Punrosse.
Act S. C. 1889 (20 St. 508), authorizing a town to issue bonds In aid of
the construction of a railroad, is not in conflict with Const. S. C. art 9,
i 8, permitting the legislature to authorize municipal corporations to col-
lect taxes for corporate purposes only.
8. BSAE-CONSTRUOTION OF STATUTB.
Act S. C. 1889 (20 St. 503), authorizing a town to issue bonds "in any
amount" in aid of the construction of a railroad, will be construed to
mean any amount within the constitutional limit of 8 per cent. of the
assessed value of its taxable property (Const. S O. art. 9, i 17), and
therefore not in conflict with it.
. SAME-VALIDITY OF AssEssMENT.
In determining whether 4n issue of bonds by a town was in violation
of Const. S. C. art 9, i 17, providing that it shall not exceed 8 per cent.
of the assessed value of its taxable property, the assessment prior thereto
will be considered valid, though the assessors did not fie a report thereof
within 10 days, as directed by the town charter, where it was flied soon
after, accepted, and acted on, the taxes being collected thereunder.
. SAME--AaESSED VALUE or PROPERTY.
Property of a manufacturing company, not being within the classes of
property which may be exempted from taxation under Conet S. C. art.
9, 8, is to be, considered in determining the assessed value of the prop-
erty of a town, within article 9, 1 17, prohibiting any issue of bonds by a
town in excess of 8 per cent of the assessed value of its taxable property.
&. 1AME-IssuE Or BONDs AT PAR.
Where a town agrees to give a certain amount to aid in the construe.
tion of a railroad, and sch amount is expended in the construction of the
road, and the town pays its subscription in its bonds, of the face value
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The Federal Reporter. Volume 63 Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. October-December, 1894., legislative document, 1895; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36388/m1/87/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.