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

| Eve have shown its property, by its char
| ter, to be at present exempt)
| and this would, ordinarily, ems
argument; but this bill declare!
the elements Of its property, and incor
| pOrates among them its franchise. The
| four elements declared are: /, capita
stock; 2, corporate property; 3, franchise
/ 4, individual stock; aud, in assessing value
for county and city, as well as State, taxa
| ton, these are to be weighed into the
measure of values. Well, the power o.
| county and city taxation on the franchises
granted by the Stale has at least the meriI
Of novelty. Every county in Tennessee
parted with as much sovereign right o.
eminent domain in these charters, author.
izing private property to be taken for the
public use, as the counties they run through;
and a city, itself franchise, has no more
right to tax a State franchise than it has to
tax the wind that blows from the Cumber-
land mountains.
As we have said before, the law must
have some common sense. We are not re-
ferring to where railroad uses the street
Of a city-there are distinctions very fairly
made in the law, as regulating mutual
rights of corporate bodies. In 1852 the
Legislature allowed counties to tax them
selves 10 build railroads running through
them, The law makers regarded, and the
counties adopted the opinion, that a rail-
road was a public benefit. The law has
recognized the legal power in a city to tax
adj AGENT properties for Improvements, and
there must be something IN the iGdy Of the
adj AGENT property holders, or the counties,
turning round and taxing the public good.
These railroad questions are fresh yet, and
l have no doubt there will be brought to
then Investigation, great leading minds,
whose rushOfillustratiOn and argument will
lift even courts out of the narrow channel.
l can see how, to carry ont the will of the
Legislature, a county or city may tax itself
to build great highway for commerce, but
how they can have the power to tax the
highway, the right Of way the eminent do
main, the grant of the State, the franchise,
and the capital stock, and individual stock
Of nOn-residents, and beat them all tOgeth-
er and lump them in value, 1 confess is a
little pulling to a man like myself.
The law gives q local habitatiOn and
name TO the franchise; and its lion lines
run out from the head to the extremity,
gas pipes under ground, running for miles,
are a part Of the corporate body, for they
distribute the gas, and under the ground,
are only personally, but iron rails on the
top Of the ground, are said TO be different.
Railroads are to be measured by conn
ty lines for taxation, aud yet a railroad is
declared liable, not only to the extreme end
Of the road, but t. the point of destination
over other roads, to make it liable for dam
ages; for tax you break it in fifty pieces,
but to make it liable for damage, il is one
piece, and continues in its representative
character as common carrier across the con-
tinent.
The law not only protects the charter, or
contract, but 1t protects equally the con-
tracts made under its provisions. To en-
force this bill, would lead 70 two PROPOSE
tiOns Of breach of contract, which would
involve us all in litigation:
l. These roads have contracts to CARY
the United States mails, and a thing very
Singularly overlooked is, that these roads,
by Act of Congress, have been declared post
roads, and the right to tax, as prescribed By
this bill, coufeIs the power to levy on run
ming trains, stopping the United States
mail. Il may be said this is not likely to
happen. My argument is to show that the
power claimed embraces this power, and as
the exercise Of the power would be illegal
the power itself must, by the logic Of law,
be equally illegal. No gentleman sup
poses that, on a post road, train carrying
the United States mail could be arrested BY
a sheriff, and yet that IS the power claimed
TO belong to The State, aud by this act Of
taxation for the several purposes proposed,
delegated to sherifis.
2. The law authorized bonds to be issued
with prior lien on the railroad property,
now all claim tax TO be palamOunt lien,
and a sale under paramount lien eX
tinguishes those which are subordinate,
and under this bill a whole rail DAD can
be sold covered with a bonded debt, and
worth millions Of dollars. Under the levy
Of tax Il. ia. for city OF county pur-
poses, and the part lying in a city or town
is liable, ordinarily, to tax as other proper
ty. Sec. 10 Of ;he bill.
Now all know that the shops Of a rail-
road, and lands used for railway uses, are
but appearances Of the road, and not
liable to tax, except as the corporation is
taxed. 4 moments reflection will show
that It is not all money expended which
property. Suppose the State OF
Tennessee appropriated one million dol !
lars TO clear out Muscle Shoals in the Ten |
nessee river, the improvement would not |
be property, although it cost one million of |
dollars, and TINS the GppUtsHGHceS, de- |
cided, as l am told, by some twenty or !
thirty courts, embrace the very improve |
ments which are being used TO carry on the |
-ailroad, and without which it would not |
only have no value, but absolutely en- |
LANCER the pnblic convenience and safety |
If travellers. A great judge, Chancellor /
NalWOUh, said a railroad was "a public /
for the public benefit" and /
another great man said 'the road was char
cred because the public required the use
# a railroad" and the Muscle Shoals might /
ye cleaned out because the public want a
liver communication, and great improve
nents have been made for the public with
he understanding that the public, when it
,Ot the improvement, would foster it as
UGH.
Unfortunately for us all, the war upon
apiial which has followed in the wake of
alse theories, has done more injury in a
lay than years can repair. The great
in internal improvements,
7hich cost toll and travail to accomplish, !
nay, Ike the edifices it took the greatest
minds to erect, be pulled down and de-
Toyed in an hour, and as the Memphis
lcGlI3Cbe says:
"Our Nashville correspondent alludes to what |
known as the Potter law in Wisconsin in re-
ard 20 railroads. We publish below short arti-
e from the 50. LOUIS Itmsg In re-a TO this |
W., which shows what thev are Going. II would |
e well 10 go slow on this subject. We may fly (
IFGu evils that We know not Of in attempting 20
cage nom present Inconvenience. Suppose |
] through rates should be abolished, and rail-
ans should charge local rates from Memphis as
ell as from other points, would not it injure all
arts of West Tennessee as well as Memphis. For
s low rates from . emphiS benefits ali parts Of 2
e country adjacent TO Memphis. If we, by IN .
s5 .eEis'ati0n, Injure OF destroy the railroad
stem Of the country. viii not all parts Of the
iesjilI, aEd act cautiously and wisely. Here is r
IL extract from the s. Louis Times. :
% The RailIOad Commissioners in Wisconsin, | D
declining TO recommend repeal Of the Potter g
W. are complying with the evident wish Of the | 4
ibllC. l. has, IN 10 respect, sUbsgTTed the pur-
ses Of its enactment, but upon the contrary,
IS CCCasiOned material injury to the agriCultu- ! 7
and commercial int rests of the West. Cap | n
u has Stunned Wisconsin since the law was sus- ,
iu5dby the courts, and the depreciation Of pro- =
My has Oeen gre atty IN excess OF even the an j
.pated benefits the law vas on iuallv supposed Y
DE alb 10 confer. II is 20 Sibls that the re- q
al OF the law viii not Immediately cure tho in
~ 90 has done. Public confidence once lost is u
{ easily restored" Z
Ald well might the Memphis AUdlqnch8 h
iarch . endorse the sentiment, for pub n
confidence is a plant Of slow growth, il
ID when cut down by a ruthless hand, it n
hes years TO renew its strength and re-
il its position. n
But the public, where the law inimical !!
railroads was passed. could. Darhans hPt- | o.