Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-16


individual stock, u gross earnings. or the
franchise: but thai all these are combined
to form the basis If value, in fact, that they
are but the evidence by which the assessors
get the value Of the property. But if they
are estimated for tax, they are the clemens
Of the property taxed; and if they are, then
the elements M king up the whole are
taxed in the whole; for no man can tell
how much Of the element the capital stock
made, or the franchise.
Now we have slOWn you that the capital
stock is exempt from taxation forever by
its charter, and you are invited to break the
contract involving the honor and good faith
of the State, and assess its value for pur.
poses of taxation, the very thing by name it
was exempted from.
Aud again, if you assess for purposes Of
value, the capital stock, how can you assess
it over again as Individual stock? which
means only the division and ownership of
the capital stock. And again, how, (when
you assess the capital stock representing
the money that built the property can you
assess the thing bought, as well as the
money that paid for it? And again, the
gross earnings ar3 to be estimated, when
the gross earnings in another way repre-
sent the property. All these elements, nv
distinguished frisnds will say, are but the
mode Of ascertaiDing the value Of the
property; but it strikes me. when you find
that not only car ital and individual stock,
property and gross earnings are TO be esti-
mated, but also tue franchise, that you, in
| effect, propose to estimate the same thing
four times over and besides, your esti-
mates are based on elements not taxable.
The franchise without the property would
be Iage of paper, and although the grant
| Of the State, it was grant TO build a rail-
road. When the road was built, the fran
| chise covered it with legal sanction, and
/ the two cOmmingled into one element, all
! the elements ceItered, and the division of
/ them would be An illegal mode of taxa
| ton, for, if estimated at all, the same thing
| is triply estimated, and if not estimated,
| then the Tax Assessors, by their oath I'M
der tire act, would commit perjury.
l hope, my dis inguished friends, if this
| bill should become law, you will let it
stand just as it is in this particular, as well
as in others. In looking at the bill, you
will find the Sd ;.ad 10th sections are in d.
smetrical opposition to each other, except
it is intended to tax for city purposes under
| the Sd section, and the city try a little tax
ing too on her OFn special account under
the 10th section.
But the bill, b. the Sth section, provides
that the Comptroller shall, in a certain
mode, issue a distress war; ant, which shall
be placed in the hands of the Sheriff, whose
duty it shall be 10 levy upon any personal
property found in his county, and sell the |
same.
This section proposes to delegate the |
power to a Sheriff to levy upon any per-
sOnal property found in his county, (if |
reference is made here to any particular |
personal property, it means trains and |
cars,) and the State clothes its officers with |
power to eXecutG this warrant, by stopping /
a train on the right-Of-way of a railroad. |
This is the text Of the bill when construed; |
and as these cars come ladened, mixed /
with cars from other States, carrying |
freight from sea to sea, we are confronted /
By the proposition that tax f. ia. can /
stop the tide Of commerce or stop passen-
gers or mails, and throw the whole track |
into confusion, and thus endanger life.
Does this power exist to-day in regard to
railroads carrying commerce on land? II /
will be underSt bod that commerce on land /
is just as much under protection Of the
laws governing commerce as if it were on
rivers. Let us make the analogy. We
have railroads running along on the
banks Of rivers, in competition with steam
boats; both are carrying freight. The one
by tax process is stopped on the highway,
and the other can pillow on, and yet where
can reason assign a difference? 1t is not in
the fact that the one has a charter and the
other not, for very often both are chartered
companies. Is the right of commerce on
land governed by any different rule? The
Supreme Court Of the United States does
not draw this distinction, as l am informed.
Both are instruments Of commerce, and yet
the one moves not by the charter Of the
State, not by the will of its legal head, but
at the will Of Sheriff, armed with sheet
of paper from the Office of the Comptroller
General; in vain the corporation plead the
franchise which gives them this right OF
way; in vain tie law which makes them
liable for damage for delay; In vain the
solemn cOntrac5 Of the State that they
should be exempt for a certain time not yet
expired; in vain that these cars are freight
ed with commerce; in vain that these pls-
sengers are on their way through the State,
and intercourse is q branch of commerce;
all in vain; tie Sheriff ranks franchise,
commerce and contract, and walks of with
the train as the property Of the county for
tax, and railroads built fUT the public thus
dWindle, under such laws, into contempt.
But this bill assumes TO draw its power
from the Constitution Of Tennessee, and
that instrument declares generally call pro-
perry shall be taxed" Now, if this were |
to be taken literally, the quotation might |
fall with force, out, like all general express
sions, it means all property liable to tax.
Churches are not taxed, nor Masonic pro-
perry, and we might enumerate Others, so
that the declaration Of the Constitution
does not, with intending demand, sacrifice
all property to its exaCtiOns. The word all I
has some elements of charity, and vet
when applied to that which contributes
more than all Others to the public, even a
contract with tie State, guarded by the S
honor Of the State, cannot elicit a single /
ray Of charity to its mission. Let the fash
Of the wire, which, by the way, is itself an
instrument Of commerce, give intelligence
that city lies IN ashes, and then the rail-
road rusheS along, bearing in a few hours !
food and raiment for the destitute. Let
accident by food fall, and away it speeds
with sucCOr and assistance. Let pestilence
come in the drspeTy Of death, and away it !
bears the loved from the grave. Its cour-
-esies embrace hundreds who are endeared
10 the church by their walk and eonVeTsa-
lion, but even en- their eTTands Of mercy,
a
Jrary Of choice reading, does embrace its
'drS, subject TO q sheritl-s order. What if
women and bates should suffer with hun
ger in the streets, warmed only by the ashes | Il
If their own homes; what if death should
hreaten men and mourning 90 round in o,
he public places; what if pestilence should | IN
weep away its victims, the county must
.aUe its tar.
But we lay il down, that the properly
Meant by the Constitution did not mean ! 4
he railroad property, and in this we are at =
east fortified by a diUided opinion of our y
supreme Court, If it was in the category vi
f cal then tie tax would have been col tn
ecte,; but th9re is something peculiar u,
bout this class of property that don't ap- =
ly to all property, and the Legislature
aust act before { takes the position of cali" -
rOperty liable to taxation, and thus we
night illustrate that these words in the re.
ital are but each lrOrds to keep down OBJ "
,ctions which might be raised to the pro-
isions Of the bill. The language used is
n intended aftument, an assumed argu- Oh
lent from the Constitution, and appealing l
the cOusciences of men. You have seen
ow little it should control bold, brave
an Fl1A frarT -