REPORT
OF THE
PROCEEDINGS OF A CONVENTION
OF
DELEGATES FROM RAILROAD COMPANIES,
HELD IN COLUMBUS, MAY 4, 1852.
PUBLISHED BY ORDER OF THE CONVENTION.
SCOTT & BASCOM, PRI,''' I.:;








PROC EEDINGS.
At a meeting of the Representatives of the Little Miami, Columbus
and Xenia, Cleveland, Columbus and Cincinnati, Cleveland and Pittsburgh, Cleveland, Painesville and Ashtabula, Central Ohio, Cincinnati,
Hamilton and Dayton, Mad River and Lake Erie, Mansfield and Sandusky, Columbus and Lake Erie, Ohio and Mississippi, Bellefontaine
and Indiana, Dayton and Western, Greenville and Miami, Cincinnati
and Hillsborough, Hamilton and Eaton, Springfield and Columbus,
Sandusky and Indiana, and Columbus, Piqua and Indiana Railroad
Companies, held at the Neil House, in Columbus, on the 4th day of
May, 1852, in pursuance of notice given by circular, on motion, GEo.
CARLISLE was appointed Chairman, and C. T. SHERMAN Secretary.
Said Companies were represented as follows:
Little Miami-John Kilgour, N. Wright, W. H. Clements.
Columbus and Xenia-W. H. Clements, Robt. Neil, W. Dennison, Jr.
Cleveland, Columbus and Cincinnati-H. B. Payne, A. Stone, Jr.
Cleveland and Pittsburgh- Cyrus Prentiss, Z. Fitch, John Durand.
Cleveland, Painesville and Ashtabula- Win. Case.
Central Ohio-J. H. Sullivan.
Cincinnati, Hamilton and Dayton-S. S. L'Hommedieu, R. M.
Shoemaker, Geo. Carlisle.
IMad River and Lake Erie —E. T. Osborn, Wm. Hunt, 
Kennon.
Mansfield and Sandusky City — C. T. Sherman, J. R. Robinson.
C6olumbus and Lake Erie -C. T. Sherman.
Ohio and Mississippi-Judge Ellis.
Bellefontaine and Indianac -Jas. H. Godman.
Greenville and Miami-H. Brown.
Dayton and Western-H-. -Brown.
Cincinnati and Hillsborough-W. H. Clements.
Hamilton and Eaton   R. M. Shoemaker.
Springfield and Columbus-Wm. Hunt, Wm. Whitely.
Sanduskg and Indiana-F. T. Barney, E. F. Osborn.
Coolumbus, Piqua and Indiana — Wm. Dennison, Jr.




After a full expression of opinion by the several members of the
Convention, it was
]Resolved, That a committee of five be appointed to confer with the
Auditor of State and Attorney General, in relation to their construction
of the law taxing railroad companies, and report the result of their
conference to this Convention; and also report what action, in regard
to said law, should, in their opinion, be taken by railroad companies
of this State.
Thereupon, Messrs. H. B. Payne, N. Wright, J. H. Sullivan, J.
H. Godman, and Wm. Hunt, were appointed said committee.
Said committee submitted the following report of their proceedings,
to wit:
To the Railroad Convention now in session:
The committee appointed by your body to correspond with the Auditor
of State and Attorney General, and procure from those officers an official
construction of the 21st section of the tax law of 1852, and report what
action it is advisable for the railroad companies of this State to take in
reference to listing their property for taxation, &c., report:
That they have performed the duty assigned them, and submit the
following communication, addressed by them to the Auditor of State
and Attorney General, and the answers thereto, received from those
officers, to wit:
COLUMBUS, May 6, 1852.
Hon. WM. D. MORGAN, State Auditor; Hon. GEO. E. PUGH, Attorney
General:
GENTLEMEN: In behalf of a Convention of delegates from a number
of the railroad companies of this State, we address you with a view of
obtaining an official construction of the provisions of the 21st section
of the tax law of 1852, being that part of the law which relates to listing the property of railroad and other joint stock companies.
It would seem that the Legislature intended to discard the former
method of taxing these companies, either on their productiveness, in the
form of a percentage on the dividends, or on their cost, by an assessment of the capital stock.  And under the provisions of the new
Constitution, requiring that " laws shall be passed taxing, by a uniform
rule," all real and personal property according to its true value in
money; and that "the property of corporations shall forever be subject
to taxation the same as the property of individuals," have prescribed a
new rule, making it the duty of the proper officer of such company to




list for taxation, at its actual value, its real and personal property, moneys and credits, within this State-" returning to the Auditor of each
county, -where such property may be situated, the amount of such property which is situated in each township, town, city or ward therein."
The questions arising under this section, on which we will be pleased
to receive your opinion, are the following:
1st. Whether all the real estate held by the company is to be returned in the aggregate form, or only so much as is used, or intended to be
used, for corporation purposes, leaving other classes of real estate to be
listed by the assessor?
2d. Is the value of the fee simple to be listed where the company
has only the right of way, or the value of the right of way merely?
3d. If the value of the fee be listed by the company, will the same
land be also subject to taxation in the name of the individual proprietor?
4th. Will it be a satisfactory compliance with the law, if the company
list the full value of the real estate used, or intended to be used, for
corporation purposes, in each ward or township where situated, (including the enhanced value imparted to it by the construction of the road,)
adding thereto the value of superstructure as laid, and of depot buildings,
switches, side-tracks, water-tanks, and all other fixtures used in operating the road, (but excluding the cost of excavation and embankment,
or what is ordinarily called graduation and masonry,) with the proportion of the value of the movable property due to such wards and town.
ships, respectively, as provided in said act?
5th. Is the value of the real estate and personal property to be
returned in the aggregate, or in distinct items?
We have the honor to remain, with respect,
Yours, &c.,        H. B. PAYNE,
N. WRIGHT,
WM. HUNT,
JAS. H. GODMAN,
J. H. SULLIVAN,
Committee.
ATTORNEY GENERAL'S OFFICE,)
Columbus, May 7, 1852.
Messrs. H. B. PAYNE, N. WRIGHT, WM. HUNT, J. H. GODMAN, J. H.
SULLIVAN, Committee:
GENTLEMEN:-I have received your favor of yesterday, addressed to
the Auditor of State and myself, in relation to the new tax law, and its
operation upon the real and personal property of railroad companies.




4
I concur with you, that the Legislature meant, by the twenty-first
section, to discard the method of taxing either the profits or the capital
stock.  The assessment is to be upon real and personal property, moneys, and credits, and, except as the productiveness of a road and the
cost of its construction may enter into and affect the actual value of the
corporate property, they must be disregarded.
I have carefully examined the questions which you propound, and
arrive at these conclusions:
1. Each railroad company should estimate and return, under the
twenty-first section, all the real estate belonging to it, and used for or
connected with its special corporate purposes. But real estate which a
company should happen to own, disconnected with its principal object,
it holds as an ordinary proprietor; and all such real estate should be
appraised (as in the case of an individual) by the district assessor.
2. The tax, in my opinion, is upon the land as such, and not upon
the title which a person or corporation may have in it; and, therefore,
so long as the right of way exhausts the whole use of the land, I think
that its entire value should be estimated and returned for taxation by
the company so using it.  Should the land revert to the former owner,
by disuse or forfeiture, he will again become liable for the taxes.
3. What I have just said answers fully question third.
4. It would be a satisfactory compliance with the law, in my opinion,
if each railroad company should return the full value of the real estate
used, or intended to be used, for its special corporate purposes, in each
township, town, city, or ward where situated, (including the enhanced
value imparted to the land by the construction and use of the road,)
adding the value of the superstructure as laid, together with the value
of all depots, buildings, switches, sidetracks, water tanks, and other
fixtures used in managing the road. This, I mean, would represent the
stationary and fixed property which the company is required to list.
And to this estimate of course each company must add the proportionable value of its movable property, in the several townships, towns,
cities and wards, as required by the twenty-first section.
5. It is desirable, for many reasons, that the value of personal property should be distinguished, in the return, from the value of real estate.
I am, gentlemen, very respectfully,
Your obedient servant,
G., E. PUGH.
In deference to the opinion of the Attorney General, I am prepared
to receive the foregoing as the practical construction to be placed on




5
that section of the tax law which relates to railroad and other joint stock
companies.  Whilst giving this assent, however, it may be proper to
state explicitly, that I deem it the legal duty of each railroad company
to make such return of its various parcels of property as will, in the
aggregate, be equal to the entire saleable value of the road, without
reference to the particular charter under which it is organized. The
worth or value of an eighty feet strip of land, occupied as a railroad
track, is not to be estimated by the price of the adjacent farm property,
but, as in the case of a corner lot in a city, or a tavern stand on a public thoroughfare, is to be ascertained by taking into account the use to
which it is applied, and the business advantages which it brings to its
enhancement.  If the strip of railroad track between any two given
points be abandoned, or if a weekly instead of a daily trip be made
over the road, the value of the strip is thereby decreased, although the
land is the same in quantity and quality as before.
If the 21st section of the tax law allowed a construction which would
authorize joint stock companies to return their property at less than
its present saleable value, as above indicated, it would fall short of the
palpable requirements of the constitution, and, to the extent of the deficit, be a wrong on the balance of the tax-paying public.
WM. D. MORGAN,
Columbus, May 7, 1852.                      State Auditor.
Said committee also presented and recommended the adoption of the
following resolution, to wit:
Resolved, That this Convention concur in the construction of the
law, as given by the Attorney General and Auditor of State, and recommend that returns be made by railroad companies for taxation accordingly, in such manner as they respectively may deem expedient.
On motion, the foregoing report was accepted, and said resolution,
recommended by said committee, was adopted.
On motion, a committee consisting of Messrs. Wright, Osborn, Prentiss and Payne, were appointed to examine and report on the subject of
a uniform method of listing and returning property for taxation, in conformity to the construction of the 21st section of the tax law, as given
by the Auditor of State and Attorney General.
Said committee accordingly reported as follows, to wit:
The committee appointed to examine and report on the subject of a
uniform method of listing and returning property for taxation, in conformity to the construction of section 21st of the tax law, as given by
the State Auditor and Attorney General, recommend the following
rules, to wit:




6
1. Estimate for each township and ward in which any part of the
road is situated, the present cash value of the real estate in such township or ward, used or intended to be used for corporation purposes; also
the depot buildings, engine houses, shops, wood-sheds, switches, side
tracks, water tanks, turntables, eating houses and all other fixtures
within such township or ward. This estimate to be made irrespective
of the enhanced value arising from graduation or masonry, and set down
to the account of the townships and wards respectively.
2. Estimate the value per mile of the superstructure as laid, which
will include the cross ties, iron rails, chairs, spikes, and labor of putting
down, and add its proportionate share, according to the length of main
line in each township or ward, to the value of real estate, as determined
under article first.
3. Estimate the enhanced value to the real estate embraced in the
road-way of the entire road, imparted to it by the clearing, grubbing,
graduation, masonry, bridging and ballasting of the road, and apportion
the amount among the townships and wards, according to the length of
main line in each respectively.
N. B. The estimate under this item should be sufficient to make
the aggregate of the sums returned to the County Auditor equal to the
saleable value of the whole real and personal property of the entire road,
considered with reference to its location, the uses for which it is adapted,
and its capacity for business, but not in reference to the charter or franchises of the road.
4. The value of the movable property, including cars, engines, wood,
oil, &c., to be apportioned to the several townships and wards on the
basis formed, by adding together the estimates for each under the three
preceding sections.
The return to the County Auditor should embrace two heads for
each township and ward in the county in which any portion of the road
is situated: under the first of which should be stated, in a gross sum,
the value of the real and fixed property, as ascertained under the first
three sections as aforesaid; and under the other, the amount of value
of movable property, as apportioned under section 4. An exact copy
of the return to be made to the State Auditor.
All of which is respectfully submitted.
N. WRIGHT,
E. F. OSRORN,
C. PRENTISS,
H. B. PAYNE,
Committee.




7
On motion, the foregoing report was approved.
On motion, it was
Resolved, That the organized railroad companies of this State, and
those out of the State running in connection therewith, meet-by their
respective Presidents, and such other of their managing officers as their
respective Boards may appoint-in Columbus, on the first Wednesday
of December next; and thereafter annually on such day as may at said
meeting be appointed, for the purpose of mutual consultation, and producing uniformity of action in regard to railways in this State.
- That for the purpose of preserving in a permanent form a minute
of their proceedings, it is ordered, that William Dennison, Jr., of Columbus, be appointed permanent Secretary of said Convention; and he
shall record the proceedings of this meeting, together with that of last
October, and of all such meetings and such other papers as he may be
required to record, in a book to be provided for that purpose; and
whenever requested, in writing, by any two Superintendents or Presidents, he shall call special meetings, upon giving each Company at
least five days' previous notice.
- That we recommend that the Superintendents of the different
railroads meet at such other times as they may appoint, and form an
organization similar to that of the New England Association of Superintendents, and for similar purposes.
On motion, it was
Resolved, That the permanent Secretary be directed to cause to be
printed, in a pamphlet form, the proceedings of this meeting, including
the foregoing correspondence with the State officers, and furnish, as early.
as possible, at least five copies of the same to each organized Company
in this State.
On motion, it was
Resolved, That the permanent Secretary be requested to report to
this Convention, at its next meeting, the expenses incurred by him for
printing, or otherwise, and the companies represented will be expected
to contribute and pay such expenses.
On motion, the Convention adjourned.
GEO. CARLISLE, Chairman.
C. T. SHERMAN, Secretary.




LIST OF THE ORGANIZED RAILROAD COMPANIES IN THIS STATE.
Companies.                    Presidents.
Mad River & Lake Erie..................E. Lane.
Little Miami........................... Jacob Strader.
Mansfield & Sandusky...................A. H. Barber.
Columbus & Xenia....................A. KSelley.
Robt. Neil, Vice P.
Cleveland, Columbus & Cincinnati............ Kelley.
H. B. Pagne, Acting Pres't.
Cincinnati, Hamilton & Dayton............. S.S. L'Hommedieu.
Cleveland & Pittsburgh.................... Prentiss.
Ohio & Pennsylvania.....................      Robinson.
Cleveland, Painesville & Ashtabula.........A. Kelley.
Win. Case, Vice P.
Central Ohio...........J................ H. Sullivan.
Dayton & Western...................H.. H. Brown.
Greenville & Miami.....................   B. Taylor.
Hillsborough & Cincinnati................... H. Baldwin.
Belpre & Cincinnati...................... P. Cutler.
Columbus & Lake Erie..................I. Dille.
Bellefontaine & Indiana.................. J. H  Godman.
Scioto Valley...........................
Huron & Oxford....................... Solon Burgess.
Springfield & Columbus.................. Wm. Whitely.
Columbus, Piqua & Indiana...............M. G. Mitchell.
Iron Railroad Company...................
Dayton & Michigan...................... Wm. Barbee.
Ohio &  Mississippi.......................Judge  Ellis.
Carroll Branch of C. & P..................H. Cogswell.
Akron Branch     "........... S. Perkins.
Toledo, Norwalk & Cleveland.............   L. LBoalt.
Junction.............................   Lane.
Steubenville & Indiana................... -  Means.
Hamilton & Eaton....................... J. Woods.
Scioto & Hocking Valley..................
Cincinnati, Wilmington & Zanesville........ F. Corwin.
Springfield & Delaware...................  Anthony.
Ohio & Indiana....................... W. Merriman.
Sandusky & Indiana..................... F. T. Barney.
Bellefontaine & Delaware................ Patterson.