The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1870-04-09

paSt, where they have obtained direct
and indirect aid, in shape OF free gifts
of lands, loans of bonds and privileges
Of liens, amounting. it is estimated, to
about $5S, 0O0, 900. The amount OF
State, and county aid granted am un-
able to ascertain, but am informed that
the country Of Leavenworth alone sub
cribed. and paid for in full, o quarter
of million dollars worth of stock.
A man in the moon, who knew little
or nothing of subsidized corporation
managers, would certainly suppose
that men 30 bounteously aided would
be eager to pay their full share of
taxes. At least he would never sus-
pect that they would refuse to pay
fairly assessed State and county taxes
on the ground that they had been aided
by the National Government; but be
would find himself very much mistaken
by looking over the records of the So
preme Court of the United States. In
their " bill of complaints" the Kansas
Pacific Railway managers set forth :
p" That the authorities Of the County Of
Douglas have assessed the railroad and
telegraph property of the said railroad
company, in said county, covered by
said mortgage Of the United States,
and have levied . tar thereon for
State. county, township, and other
municipal purposes, Of e3,22s.40, and
have placed the tax roll for the collec-
ton Of said taxes in the hands of said
defendant, james Blood, Treasurer of
said County Of Douglas, for collection,
and he demands payment of said CON-
pany, and is about to proceed to en-
force the payment of the same under
the laws Of the State, unless the said
taxes are voluntarily paid by said
company. Complsinants allege that
the said taxes levied by the said coun-
ties Of Wyandotte, Douglas, and JEFF
erson have been illegally assessed and
laid. and are wholly without warrant
or authority of law. That said rail-
road and telegraph property, being in
part the property Of the United States,
is not subject to taxation by State
authority. Foreseeing the embarrass-
ment of the company and injury to the
Government likely to result from the
levy of taxes upon this property under
State authority, the subject was
brought to the attention of the Lcgis-
lature of the State, but no favorable
action was obtained from that body /;
on the contrary, the action Of the
Legislature indicated an indisposition
to relieve the company Of any OF the
burden of taxes of which it complained.
For the reasons stated in this bill, the
complainants pray that the defendants
be enjoined from collecting said taxes
or any OF the same, and that a tempo
rary injunction issue, restraining and
enjoining the said defendants, as above
prayed, and that upon the first hearing
thereof the said injunction may be
made perpetual by the order and de-
cree of this court"
DEFENDANTS ANSWER.
In answer to the bill of complaints,
the defendants state that the taxes have
been legally assessed and laid in the
same manner, and according to the
same rates as that of other railroad
property in the State, and that the rail
road and telegraph property described
in the bill Of complaint is not in whole
or part the property of the United
States, but is wholly the property Of a
corporation created by and existing
under the laws of the State Of Kansas;
and further, that the stockholders in
said corporation have invested their
money therein for the purposes of pri-
vate gain and emolument, and not az
government agents, or as sustaining
any other relation to the Government
of the United States, than as private
citizens. They deny that the franchises
or privileges of the company are, OF
have been interfered with in any way
whatever; and further answering, as.
sert that the property Of the company
is only required to bear its due proper
ton of the taxes levied upon all the
property in the State, and that no dis
elimination has been or is made
against the railway company in the
matter of taxation.
THE INJUNCTION GRANTED.
1t will not surprise those who know
what sort of material Kansas uses il
the manufacture of United States
Senators to learn that a Kansas Judge
Marx w. Delahay by name-could
not be found to grant the temporary
injunction prayed for by the complain
ants. The collectors were enjoined
each and every one of them, under 9
penalty Of &c, 900 to be levied on theiI
lands, goods and chattels, to absolutely
desist and refrain from all further at
tempts ito collect said taxes, and the
said company from paying the Same
until the further orders of said Court Of
Chsncery to the contrary, 8 and un'
der this the pain aforesaid"
At the final hearing for perpetual
Injunction the court was divided and
the case went to the Supreme Court Of
the United States, where it is now
pending.
This is the most important case now
before the Supreme Court, yet until the
issue Of to-day's Herald it has not beer
heard Of Ifthe corporation gains i'll
case nearly every dollars's worth Of
railway property west of the Missis.
sippi river will be, by the precedent
thus established, wholly exempt from
State, country or municipal taxation,
for nearly every railroad corporation IN
that section has been aided in some
way by the national government, and
may therefore claim exemption from
the same ground. The national banks
with their enormous subsidy of $780,.
100000, will not be slow to put in Their
claims for exemption--as, indeed, may
any and every corporation that can BY
hook or crook get a grab at our ma
tional Treasury. The unblushing as
surance Of this grinding monopoly in