Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-16
UNION AND AMERICAN.
TENNESSEE LEGISLATURE.
SENATE

MOblOl Ol M. hO4Acsi IcOUluLulltcu " t-t
COMMITTEES on Finance, Ways and Means
NEW RESOLUTION.
By Mr.. Paine-To appoint commission
ers to report to the next General Assembly
a plan to make more secure the passage OF
drawbridges over the Tennessee river by
steamboat.
NEW BILLS.
By Mr.. BUtler-TO amend section 1861
Of the Code by further prescribing the du-
ties Of Attorneys General and securing the
prompt payment Of public revenue.
By Mr.. Smith-Amendatory Of the act tC
abolish the Second Chancery and Second
Circuit Courts Of Shelby county, so as to
make the act take effect on the first day OF
August, 1876.
THE FORFEIT ISSUE.
The joint committee, through Mr.
Qusrles, their chairman, to whom was re-
ferred all questions arising under the re-
cent decision Of the Supreme Court in the
TOrbett issue case, reported basis Of set.
Element which, after discussion, was adopt
ed-ayes 18, noes Z.
RAILROAD TAXATION.
Mr.. Emmert moved to suspend the rules
TO take up Senate bill No. 259, declaring
the mode and manner of vaiuing the prop
erty Of a railroad company for taxation, on
second reading.
Mr.. Martin offered an amendment 10 the
bill, as follows: Be it enacted that the
value Of railroads for taxation shall be
hereafter ascertained by taking their gross
receipts, and multiplying the same by p;
that this shall be taken and held as their
true value, and on this said companies
shall pay IS other owners pay on their prop
erty, except that for the privilege Of paying
the same in overdue coupons on bonds they
shall, in case they elect to pay in said
bonds or coupons, pay double the rate Of
tax as above assessed:
Mr.. Smith said: l desire to ask the Sen
atOrs from Montgomery and Hamilton if
that amendment does no SqItiRt towards
that horrible, danlRing crime Of Tepudi-
dtiOn by requiring the railroads to pay
double taxes, if they choose to pay the
same in the sacred paper debt Of the State?
And will not its adoption infiict an ire
trieyable injury upon the credit Of the
State?
Mr.. Hodges said: This amendment
ought not to be adopted for several reasons:
1.-The amendment changes the whole
theory Of the bill, so that it must be re-
committed and presented as a new bill on
a different theory. At this late date this
course would render its passage impossible.
?. a bill upon the theory Of the amend
ment would be unconstitutional. This bill
fixes the rule for railroad assessment pre-
cisely as the rule for assessing other prop
erty-that is, from all the circumstances,
ascertain its fair value. The same rule ap-
plies to everything else. The amendment
proposes to tax arbitrarily two and half
times the gross receipts. This is not &C
Cordiug to the Constitution, and would be
void. while the method in the bill is con
stitutiOnal.
3. The amendment would fix the value Of
railroad property in the State at about S2l,-
OO0,O whereas It is agreed on all hands
that the real value Of the railroad property
Of the State is not less than S60,O00,OOO.
As to this railroad property, call for the
incOrrigible rule Of equal taxation.
Mr.. Wade said that the amendment Of
Mr.. QUarles was a discrimination which
they could not afford to make; it was IN
constitutional.
Mr.. Alden also opposed the amendment.
Section Is Of article Of the Constitution
prescribed that "All property shall be
taxed according to its value, that value to
ascestained in such manner as the Legis-
lature shall direct, so that taxation shall be
equal and uniform, etc, etc. The amend
ment proposed to tax only the gross re-
ceipts, which depended upon the good or
bad management Of the parties operating
the roads. Besides, it Disseminated in
favor Of one class against all others, in that
Fal n HFnn and
over due bonds.
Mr.. Wilson said-The charters of nearly
every railroad in the State forever exempt
ed the capital stock from taxation.
Mr.. Blizzard asked-DO you find this
copied anywhere in the Code?
Mr.. Wade-At the proper time, aU.hori-
ties will be produced to show that we can
tax the capital stock Of railroads.
Mr.. Quarles said-It is impossible to ar
rive at q uniform rule. The States Of
Kentucky and Virginia tried hard to arrive
at a fair basis, and at last fixed an srbiJra-
" rule, prOfessedly without any principle
-one valuing al $4,000 per mile, and the
other at $4,000. The difficulty is-if you
take the Autfinsic value Of a railroad, as
YOU do Of farm, you get about One-third
of its real value, thereby permitting two
thirds to escape. That can only be correct
Iy obtained by taking roads as an
entirety, running as they do through
two or more States. Our taxing power
stops at our borders, therefore we cannot
get their true value by the system proposed;
but by finding out the relation between the
gross earnings and their actual value, you
arrive at the proper valuation upon which
TO levy the tax.
Mr.. Hodges moved to table the amend
ment. which prevailed and the bill passed.
SEVENTEENTH JUDICIAL CIRCUIT.
The bill to create the Seventeenth Ju-
dicial Circuit was, on motion Of Mr.. Biz
ard, taken up and passed.
CHOKING OPP ELOQUENCE.
Mr.. Jordan offered a resolution that no
Senator speak longer than ten minutes and
not oftener than twice on the same subject.
Rejected.
The Senate took a recess until 3 P. NJ.
Afternoon Session.
Mr.. Duarles introduced bill to change
fine time Of holding the courts in the Tenth
Judicial Circuit Of Tennessee, as follows:
In Montgomery county, to the fourth
Monday in December, April and August.
In Robertson county, to the fourth Mon
dav in January, May and September.
In Cheathan county, to the second Mon
dav in Febnary, June and October.
In Dickson county, TO the fourth Monday
in February. June and October.
In Humphreys county, to the second
Monday in March, July and NOYem-
Der. MI
In Stewart county, TO the fourth Monday
in March aud July and the first Monday in
December.
RESOLUTIONS.
Rv Nr. Emmert-TO adjourn on We'd
Desdav. March a. Lies over.
House {oint Resolution to appoint Messrs'
II. NJ. Polk. James N. Boyd and e. Dead
erick Trustees Of East Tennessee UnlyeT-
sitv. COncuued in.
HOUSE BILLS on THIRD READING.
r To prevent the sale Of farm products
, after dark. Rejected.
To repeal the act for the increase OF the
State Library. Passed.
To prevent vagrancy. Passed.
j, To declare certain private ways public
roads. Rejected.
To authorize counties TO issue bonds Of
Z borrow money for the purchase Of supplies
Passed.
HOUSE BILLS On SECOND READING.
To abolish the Quorum Courts, and vest
their power in the Chairman. Passed.