The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1872-01-18

not yet assumed such proportions as
to inquire, Immediately, the creation,
with the consequent expense, OF q
con- mission but when they shall
have reached such proportions, !
have no doubt this action will be
both wise and expedient. As the
rights and duties OF community, the
stockholders and the operators Of
railways should be we'll understood
by all parties, | am led to suggest
whether it would not be we'll to have
prepared a compilation or diSgest,
into q single pamphlet volume, Of all
laws in relation to this subject. Civ
ing them the Same convenient form
as road and school laws, would
greatly facilitate ready reference,
and remove any excuse for being ig-
rant of the laws.
The question of railroad taxation
will also come to your attention.
Whilst l have no hesitation in say
ing that a larger revenue should be
collected from our railways, / am
not able to Bee that the same mode
of assessment should be adopted as
is applied to the assessment of pri-
vate property. It would seem to be
unjust in many particulars, and,
withal, very nearly impracticable.
But that the property Of corpora-
tions should be taxed uniformly
with that of private citizens is both
constitutional and. right. It has
cost many sacrifices to establish the
principle of Equality. before the
law" and no individual or corpora
ton should escape the operation of q
principle 80 beneficient. This princi-
pie should not only be applied in the
taxation Of railway property, but in
dealing with the entire question.
If, however, we assess railways in
the Same manner as other property,
q few townships in each county will
reap the benefit Of all local taxes,
and . few towns in the State of all
tax upon rolling stock and other
property. For these, with other
reasons, it would seem to be unjust
to a very large majority of the peo-
pie of the State, who do not live in
townships and counties having rail-
road advantages; TO adopt such mode
of assessment.
It would also work injustice to the
railways. The value Of q railroad
is evidently not in its right Of way,
embankments, masonry. bridges,
ties, iron. machinery, locomotives,
cars, buildings, &C., &C., but in the
essential franchise. And the value
of this franchise is dependent upon
dividends. If railway property is
assessed by the same mode employ
ed in the assessment of other prop
erty, the road constructed through
the hilliest country, with the most
expensive bridging. would be liable
to the larger assessment, though it
paid the least. Such a policy would
be dictated neither by wisdom or
justice. The constitutional provis.
ion that 'the property Of all corpor.
ations for pecuniary profit shAll be
subject to taxation tho sarne as that
of individuals" while u~nmlstakable
as to amount, is, in my Judgment,
not directory as to the mode Of as.
sessment. Therefore, if q policy
should be adopted which would op.
crate unequally, in the valuation Of
railway property, as compared to
that of private persons, or the result
of which would be to tax, in some
instances, railway property at twice
its value, il having paid once upon
approximations, it might result in
litigation, and perhaps decisions I'D.
verse to the State. Indeed, / under.
stand this very liability in relation
to mortgaged real estate of private
amendments to the revision Of 1860.
submitted to You by the Codifying
Commissioners. 2
In saying this much, however, [
IN no wise deviate from my unyield-
ing conviction that railway compan-
les should be taxed uniformity with
every private citizen IN the State.
Upon this point / would not be mis-
understood. Having confidence IN
your wisdom, as the representatives
of the people, | have no doubt eyou
will be able to originate such meas.
ures, as a basis upon which to tax
this class OF property, az will secure
to the State the full amount of rev.
enue which should accrue from the
aggregate value of all the railways,
and at the Same time do Justice to all
parts OF the State, and to the rail-
road companies.