The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1873-05-15


ton OF Mr.. Green allowing cities to tax railroa
within their limits for municipal porpose, ct
"a big flibuster ensued) the yeas were 30, Il
nays were 59-Ellsworth voting nay On the e
grossmont of the bill the yeas were 74-Du
csmbs, Ellsworth, and McAllister voting ave.
Now 1 will take up some of the doctors speci
allegations
"Mr. q ear offered an anne ndment to the effe
II a railroad company furnished a sworn stat
ment in detail, of their assessable property, the
| should as z. IL. do, swear TO its cash value etc
| / thought this good enough for the people an
| voted for it. Dancombe thought it not poo
enough ior the railroads and voted against it
Ellsworth also voted against it,
My reasons for voting against it were, that tt
provisIo ns of the bill sought to be amended wa
| much better for the people, which are:
A BILL for an act to tax railroad property, repr
latlng such taxation, and releasing certain tax
es herein named
SECTION 1. BE 1t enacted 6y the General A,
ss7a6ly Of the State of LoWd, That it shall be tn
March in each year, to assess all the property q
each railroad company in the State, exceptin
company not used in the operation of their re
spective roads.
SEC. Q. 1t shall be the duty of the president
vice v1cesPrssident or general superintendent and
OF any railroad company, owning, leasing or oper
ating any railroad within this State. to furnish
FeDruAr,
In each year. a statement, signed and sworn tx
by such officer or officers, which statement shall
embrace in detail and shoao for the gear endint
Jan. 1St, preceding:
1. The whole lumber of miles owned. operat
ed, or leased in the State by any railroad com
pany making the return.
2 The number OF miles owned, operated, OF
leased by such company. with detailed state
ment OF all property of every kind located in each
county in the State.
8. Also detailed statement of the number Of
M h.
freight, and other cars, or property used in oper
ating or repairing such railroad in this State and
on roads which are part Of lines, extending be
yond the limits ofLthe State; the return shall
show the actual amount of rolling stock in use
on the company's line in the State during the
year for which the return is made. The return
shall show the amount of rolling stock, the grcs.
earnings of the entire road operated oy the com.
pany, and the gross earnings of the road in this
State, and all property designated in section OF
this act, And such other facts as the Census
Board shall in writing require.
SEC. 8. The said property shall be valued at its
true cash value, and such assessment shall be
made upon the entire road within the State and
shall include the right of way, road-bed, bridges
culverts, rolling stock, depots, station grounds
shops buildings, gravel beds, and II other prop.
erty, real and personal exclusively used In the
operation of such railroad. In assessing said
railroad and its equipments, the Census Board
shall take into consideration the gross earnin gs
per mile for the year ending January lst, preced-
ing, and any and all other matters necessary to
enable said Census Board to make Just and
equitable assessment of said railroad property.
II part of any railroad is without the State, then
in estimating the value of its rolling stock and
movable property they shall take into consider
alton the proportion which the business OF that
partof the road lying within the State bears to the
road without the State; Provided, that the val
uation by the Census Board of the property OF
railroads shall be in the ratio that Of the prop
erty of individuals.
Again the doctor says:
"Mr. Irish moved an amendment to the bill
which would have left the law plainly and ex-
pressly requiring railroad property to be asses.
ed at the same ratio of value that all property
throughout the State is assessed at. l thought
this fair; but Duncombe aud Ellsworth are re-
corded as voting against it."
True, o king! Ivoted against it for the reas on
that section 3 (which it was sought to amend pro-
vided 1.-The said property shall be valued at its
true cash value,' which 1 thought in view of
their extortions was much fairer. Again he
says:
'Mr. Campbell moved section to the bill re-
curing said property to be taxed each year, to be
listed and valued in the same manner that real
estate is required by the revision of 1S60-the
sessment to be made upon all their property,
both real and personal. Mr.. Duncombe and Els
worth voted against it,"
Very true, sir. BY referring to Chapter 45 of
the revision of 1860, section 10 ID it will be seen
that the Board of Supervisors of each county In
this State shall annually, as hereinafter provided
levy the following taxes: Sec. 100 (9) provides.
''Al taxable property shall be taxed each year"
and in the fourth line of said section ia provided,
and shall be assessed at it's true cash value hav-
ing regard to its quality, location, natural advan-
tages, etc, ETC." My objection to this amend
ment was first, the assessment by town.
'hip assessors would lack Uniformity
Second. 1t would be impossible for the board
% arrive at correct estimate of the gross
earnings, the relative value of that portion of
he road without the State as to that portion
within the State all of which is necessary to the
correct assessment of that ind of property but
by the provisions of sec of the bill the difficult
lies are overcome and justice to the whole people
Sd. This amendment like many of
hose offered, was filibustering to the end that
he bill might be defeated on it's final passage
Again:
1.-The leader of the railroad party, Mr.. DIM
,ombe. during the contest had the audacity Tquite
modest for young mani to offer bill which he
had prepared as substitute Tor the one which
vas prepared by the anti railroad party, friends
Of the tariff measure, etc. [Why didn't you
'quelch the wretch, doc y Duncombe voted for
It. so did Ellsworth"
Now the substitute pending before the House
which the substitute sought to supercede was
by the railroad committee of which
)uncombe and other avowed railroad men were
members. The essential features of which was
Understood to be a maximum rates, a theory
.gainst which there lies grave objections, and
hose objections had been ably presented. With
nut an inquiry as to the motives of W hich knew
ollowing substitute:
Mr.. Duncombe moved to amend by striking out
III after the enacting clause, and inserting the
SECTION l. Be it enacted by the General As
ensbly Of the State Of koCa, That no railroad cor
,oration organized or doing business In this
State under any any act of incorporation or gen.
ral law OF this State, now in force, or which may
hereafter be enacted shall charge or collect for
he transportation of goods, merchandise, or
property on its said road for any distance, any
he same time charged or collected for the trans
,ortation of any similar quantities of the same
lass eff goods, merchandise, or property over a
greater distance upon the same road nor shall
corporations charge different rates for receiving
delivering freight at different points
IN it's road, or roads connected Herewith, which
t has right to use; nor shall any such railroad
oI poratiOn charge or collect for the Transports
ion of goods, merchandise or property over any
,ortion of Its road a greater amount of toll or
than shall be charged or collected
~ the transportation of similar quantities of the
anne class of goods, merchandise or property
,ver any other portion of its road OF equal dis
ance; rnd all such rules, regulations or by laws
" any such railroad corporation as fix, prescribe
,r establish any greater toll or compensation
han Is hereinbefore prescribed, are hereby de.
Jared to void.
collect for passenger on its railroad for any dis
ance any greater amount than it at the came
ime dharges or collects for passenger fare over a
,reatea distance upon the same road; nor shall
UGH such corporation charge or collect for pas
enger fare over any portion of it's road greater
mount for passenger fare than it charges for the
anne class over any otht portion of its road OF
quail distance.
SEC g. Whenever any railroad corporation,
essee, or otherwise operates any other railroad
n connection with its own road the provisions
# this act as to charges for carrying freight and
passengers. shall apply to such other road SO OPP
rated in like manner as II the same were part
# the road owned and by the corporation operat.
ng the same, and Tor snch purposes all lines OF
abroad operated by the same company shall be
onsidered one add the same road.
SEC. 4. The term railroad corporation con-
mean all corporations, companies, or individuals,
ow owning or operating or which may hereafter
wn or operate any railroad in this Slate.
Any railroad corporation which shall fix, take,
enand or receive from any person or persons,
ny greater toll or compensation for the trans
receipt handling or delivery of goods,
his act, shall forfeit and pay for any such oense
ny sum not exceeding 81, 600, and cost of suit,
Including a reasonable attorneys fee, to be taxed
y any court where the same Is heard by appeal
r otherwise, to be recovered in any action OF
cot, by the party aggrieved, in any court having
thereof.
And any officer, agent or employee of any such
abroad corporation who shall knowingly and
1ilfuly violate the provisions OF this act, snail
e liable to the penalties>of this section.
SEC. 5. Any wIlful violation of the provisions
4 this act the part OF any railroad corporation
hall be deemed and taken forfeiture of its
and such corporation SO offending may
e proceeded against by the district attorney, in
ny circuit or county through or into which its
Dad may run, by scire Jdcids, or upon informa-
ion in the matter of quo aodrrdnto, to Judg.
lent ofOus ter and final execution.
SEC. q. This act shall take effect and be in
orce from and after its publication in the Iowa
tate Register, and Iowa Leader, newspapers
vblished in Des Moines, Iowa.
Now, it will be seen that this substitute con-
aims essentially every feature of the Keables
mendment, providing, however, heavier pen
lty for its violation. The only difference was
hat by this amendment characterization
,uuld be the basis of LEGISLATION. iherehy leay-