Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1871-08-03
Railroad Corporations-R. f
Taxes Sc, Explained.
PLYMOUTH, Ind, July 81, 1871


There has been so much SAID ABOUT rail-
road tax and so much feeling manifested
by portion of the pcople-caused most
" by want of correct know hedge upon the
subject-that no better use can be made
of the county papers than TO devote a
portion of their columns tn aAeXpsnaiion
of the law and the manner in which rail
read companies are formed and how they
build railroads. Without saying anything
as to the justice or benefits of the law
authorizing taxes, it is enough to say that
it Is the law, the peoples representatives
made ii and the courts sustain it; hence
there Is no honest man who can censure
me because of the law.
People say; IF the railroad company
want a railroad let them build it." Now
il is fact that railroad company does
not build a railroad and cannot build one
the company is only the instrument with
which the read is built. ltwould be just
as reasonable to say: "if the county COM
missioners want the county expenses
paid, or public buildings erected, let them
pay them or build them" The commits
sioners have no money, nor does rail
road company have money. They are the
instruments merely by which money is
Obtained. Now will carry the parallel
OUT and take the Il. X. 4 p. railroad ON
one side and the new court house ON the
other.
The law says the people may elect three
commissioners who shall be residents of
separate districts and they shall take an
oath of office Then they shall become a
body corporate and politic-that is a cor
poraiion-bv the meme of The Board OF
commissioners of the county of MARSHALL
and by that name may sue and be sued in
amy matters concerning the county bust
ness and property; may levy taxes, make
contracts, buy lands and sell them for
county purposes, erect buildings, borrow
money, issue bonds and provide for the
interest, condemn land for roads, &c.
and they shall be court and may make
rules for the transaction of business. Now
these men could not do these things as
men, but only as commissioners author
lied by law. By their election and oath
they are clothed with power they never
had before.
So the law says: if number Of persons
NOT less than fifteen, will subscribe one
thousand dollars per mile, or fifty thous-
and dollars. as stock. then sign a writing
declaring themselves an association for
the purpose of building, owning and oper-
ating railroad between two points named,
and take name, and file that with the
Secretary of State, they shall become a
corporation also; with the power To sur
yey line; own land; enter on and con-
denim il il the owner will not sell it
take stone and gravel; dig drains and
and bitches; build rail road and oper-
ate it: borrow money and issue bonds and
pledge Their road and property to secure
them; make rules for the transaction of
business, &c just rs the county Board
can as TO county business. Now these
fifteen or more men may be poor men and
not worth the five thousand dollars all
told; yet by this proceeding they become
rail road company" but they have no
money to build railroad, any more than
the county commissioners have to build a
court house. But they have certain pow
e,s and rights which, as individuals they
do not have, and by exercising those
rights they expect to build a road; they
will get the money 10 build il with while
within themselves they have got but lit
tie money. Let US see how they do il.
Well, no road can be built, unless the
people along the line show that they want
it. So this company fifteen
poor men club together and tax them
selves five per cent. on their subscription,
and that makes twenty-five hundred dol
lars. With this they survey line for
temporary purposes; then they go among
the people and show them the advantages
the road will be to them and the COUNTRY
il passes through, and asks them to help
build Is: to take some stock in it; TO risk
something in il, expecting and hoping it
Will De profitable. One man gives fifty
dollars; another one hundred; and so ON
as far as thu please. Each one of these
men becomes member Of the ''compony"
Some men pay their subscription in lands ;
some in tie-; some in lumber, timber or
labor. And so they keep on until they
can get 10 more. Then they foot up to
see if they have got enough to get the
night Of way and make the grade and
bridges, and get the ties; if they have,
they can build the road; il not they can
not build it. Now who is this rail road
company the people are so anxious should
build their own road. Why nobody
more or less than these persons who have
subscribed these lands, and this labor,
material and money. No rich men per-
haps among them But they have got the
po'cer TO secure the right of way; and in
place these things each member of the
company gives to the company, the COM
pany gives each of them certificate that
they own so much interest in the rights
and property the company have. Ali the
subscribers make the company. Each
subscriber owns so much as he has pun in !;
ali the subscribers as body own the
whole of it; but they are represented by
directors as the county is represented by
the commissioners. They may call for
the pay on the subscriptions, as the coun-
ty commissioners can levy taxes. The
law fixes the amount of the call, and SO il
does of the taxes. If one commissioner
dies another Is elected. If one stockhold
er dies his stock goes to his heir, or is
sold to stranger and the holder becomes
member of the company: and SD the cor
poration lives on and does not die. as the
county board lives on and never dies
though the individuals do. But this
company wants to build road. So they
get the money-borrow it Gf they have
no cash subscriptions) ON their lands, or
note, or in some way, and they locate
line; buy or condemn the right of way,
make profile and map, and file it in the
clerks office IN each county they run
through, and then they are ready to
build road What have they gotg They
have got the right to build road and OPP
crate it. The land to build it on. The
right TO make the members of the compa-
ny pay up their subscriptions. The right
to issue bonds and pledge all the rights
and property they have or shall acquire
10 secure those bonds. These rights are
worth something. Remember now, this
company may consist of three hundred
men, or three thousand; and no one of
them worth one thousand dollars; but
they have got these rights and this DOW
er, and they have value and will SELL
Why. Because the people most interest
ed have shown that they want n rail road
Now they have not enough money to
build it; SO the law says tbs people may
vote TO tax themselves if they wish and
take some stock BY counties and town
ships. SO they hold elections and ma
jority says Tax :" and the county commits
sioners levy the tax and the money goes
into the county treasury to the credit of
the township whose people vote a tax and
II belongs 10 that township. HeIe is
another piece of property of value. The
law says that when an amount equal 10
half the tax has been expended by the
company in the township, the commits
sioners may subscribe an equal amount to