Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-03-17

to take the whole subject out OF
the Statutes as they then existed, and
provide one comprehensive scheme to
cover the whole subject as have said be-
fore, this law was taken to the courts OF
the United States, where it is declared
unconstitutional, and is swept from our
Statute books. But the provisions OF
chap. IS, sec. 8, stand intact. "A1 real e.
tate shall be assessed and set IN tie ast IN
tie tom a01ere such real estate as situated.
This is the commission OF the lister, and
no matter what the vote OF town has
been or may be, wherever he finds lands not
exempted by law they must have q record
In the grand list.
The late Council of Censors. contained
some of the best legal minds in our State.
Messrs. Redfeld, Dewey, Reed and Ross,
all have an acknowledged State reputa-
ton. The whole subject of Railroad tax
alton, was scrutinized by the Council, in
investigating the question whether the
taxes had been "justly laid and collected
In speaking of the exemption of the YER
mont Central from taxation, they say !:
"The committee would respectfully raise
the question whether the legislature in
granting that exemption did not step be.
yond its constitutional powers. Whether,
so long as the constitution provides, that
protection furnished by the State imposes
the duty of contributing to the expenses
Of that protection, the Legislature has the
power to breathe into life corporation
endow it with rights and privileges,
clothe it with the power of holding and
acquiring property, protect it in its life,
rights, privileges and property, and re-
lieve it of the duty, and burden of con-
tributing its proportion to the expenses of
that protection ?" Why did not the
Council see that Mr.. Dunton's theory
reached over the line of every railroad
in the State and that not by special en-
actment, but by general lao, every rail-
road in the State was in the same cate
CORY?
In conclusion allow me to say, that | am
unwilling to believe, that you would at.
tribute to my action, any other motives,
than those which arise from my settled
convictions of justice, equity, aud law, as
applied to this question. All efforts to
make me appear as hostile to the chief
manager of our leading railroad, or as
having any sympathy with those who as
sault him, or those associated with him,
haze not The ShaC1Oso Of foundation IN tqct
/ have valuable business relations, with
our two most important roads, If l sup
posed that any of their managers could
feel, that the advocacy of an honest con-
viction, long ago expressed and urged,
could now, when brought to the test of
it's application, be exceptionable, should
regret it beyond measure.
great public question il involved in
this issue. 1t cannot be belittled by
personal considerations. Twenty millions
of real and personal estate IN our common
wealth, where no revenue is received, sx-
cept through direct taxation, contributes
llLJlc OF nothing W Inc PuOilS bUi SiiSAS'
Receiving its existence, rights and privil-
eges from the State, the constitution re-
quires it to contribute its proportion to
the expenses of its protection. 1t has been
brought to the attention of the people, by
legislation that has proved abertive, by
the decision of the court of last resort,
wiping out our best laid plan for taxing
RaiIroads-by the well-timed recommend
alton of our Chief Executive, and finally
by the Council of Censors, whose duty
under the constitution is to review both
the constitutionality and the execution
of the laws of the commonwealth. If it
shall now be held that tho town has not
the right under existing laws to tax this
property. have little concern that a
measure of such apparent justice and
necessity will long be delayed.
Truly Yours, etc,