Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-03-09
RAILROAD TAXATION.
The Plan Proposed by the Leg
isIative Joint Committee.
Stringent Provisions that are Not
to lie EVaded.

The following bill was reported in the
Senate yesterday, from the special Joint
Committee appointed to consider all meas
ureS hearing upon the taxation Of railroads,
and pissed Its first reading:
A Bill declaring the mode and manner of val
uiHg the property OF a Railroad Company for
taxation.
Whereas, it is provided in section % of
article Of the Constitution Of the State,
that ''all property shall be taxed" and fur
ther, that "all property shall be taxed ac-
cording TO its value" that value to be as
certained in such manner as the Legisla-
ture shall direct, so that taxes shall be
equal and uniform throughout lthe State;
and
Whereas, the elements Of property in all
joint stock companies are, 1. The capital
stock; 2. The corporate property; 3. The
franchises Of the corporation; and 4. The
individual stock Of the shareholders; there
fore,
Be it enacted by the General Assembly
of the State Of Tennessee, That each rail-
road company owning and operating a rail-
road in the State, shall, on or before the
first day of May Of each year make out and
file with the Comptroller Of the Treasury a
complete schedule Of all its property, real,
personal and mixed, setting forth therein
the length in miles, OF fractions thereof, Of
its entire road bed, switches and side tracks,
and showing how many miles, or fractions
thereof, lie in this State, in each county Of
the State through which the road passes,
and in each incorporated town, and the
value Of the whole and such part thereof as
subdivided herein; the total amount of
capital stock; the number Of engines and
their respective values; the gross annual re-
ceipts; the number Of cars Of all characters,
their classes and values; the number Of de-
pot buildings and warehouses, aid other
buildings, in what county and incorporated
town located, and the value Of each, in
Guiding the lands and lots upon which the
same are built; the value Of all machine
shops and stationary machinery and tools
therein, and in what county and incOTpOr-
ated town located, including the lands up
on which the same are built; all real, per
sOnal or mixed property belonging to the
company within the State, not enumerated
above, with its value.
Sec. 2. Be it further enacted, that it
shall be the duty Of each railroad company
to furnish and file the schedule abOyemen-
toned with the Comptroller, as provided
herein, at the time and in the manner spe-
CITED, and when any company has fled the
same, or neglected OF refused so to do, the
Comptroller shall notify the Governor Of
the fact, and thereupOn the Governor
shall appoint three freeholders, being cit
liens Of the State, one Of whom shall be
resident in each Grand Division in the
State, and neither Of whom shall be inter-
ested in or connected in any way with
the management Of any railroad, and shall
commission them as Railroad Tax Assessors
for the State al large, and these Assessors
shall, before entering upon their duties re-
spectIYely, take and subscribe an oath be-
fore a Judge (whO shall certify the same
to the GovelnOf) honestly, IA .thfully, with
out fear, favor or Partially, to discharge all
the duties impose. Upon him as such as
SCISSOR.
Sec. 8. Be it further enacted, that the
Railroad Tax Assessors provided for herein
shall be appointed and commissioned by
the Governor within ten days after said 1st
day Of May, and said assessors shall meet in
the city Of Nashville on the 1st day Of June
thereafter, and the Comptroller shall pass
to them the schedule flied in his Office, and
certify 10 them what railroads, if any, have
failed or refused 10 file the same, and said
assessors shall proceed at once TO ascer-
taiC, test and value the property belonging
10 said railroad company, In making said
valuation they shall have in view and look
TO the capita stock, the corporate property,
the franchises Of each company, as well
as the gross receipts, and the individual
stock Of each shareholder; and TO ascertain
these facts, they shall have he4pOwer 70
summon before them any person, and 70
call for the books Of any railroad company,
AID administer Oaths and examine any
matter necessary to enable them TO dis
charge their duties, and may direct their
writ Of summons to any Sheriff in the State,
10 be executed in his county; and any per-
son so called on to testify, shall be guilty
Of perjury, if he shall falsely testify. Hav-
ing ascertained, ia the manner indicated
herein, the character and total value Of all
the property, wherever situated, Of any
railroad company, and after having de-
Quoted from the. aggregate value one thou
sand dollars, as well as the real cash value
Of the individual shares, they shall divide
the same by the number Of miles in the en-
tire length Of the road, and the result shall
be the value per mile Of the property Of
said company for the purpose Of taxation;
anu LilE value 4AAAAEF u eAN 1AAlAA- AGAAA-
road, as asCeTtaiued above, shall be multi
piled by the number Of miles in the State,
and the product thereof shall be the sum,
10 be taxed to such railroad company for
State purposes; and the value per mile, as
asceuained, shall be multiplied by the num-
Der of miles or frac,iOu thereof, lying and
being in any county, and the product shall
be the sum TO be taxed for county purposes;
and the value per mile, multiplied by the
number Of miles or fractions thereof, that
lie in any incorporated town OF city, shall be
the sum to be taxed for corporate purposes;
and, having ascertaiued the said several
sums to be taxed, they shall certify the
same to the Comptroller, together with the
facts.
Sec. 4. Be it further enacted, THAT if any
railroad company fail or refuse to file the
schedule herein required, or having filed
the same the assessors regard the same Is
not fair and Just, said assessors are hereby
empowered and authorized 10 ascertain the
items and value Of any property, in such
manner as they may deem best, and shall
add ten per cent. to the taxes Of said COM
pany so falling to file any schedule, OF filing
one not fair and just.
See ). Be il further enacted, that any
two Of said assessors shall be aud c0nsti-
tute a lawful board Of assessors, and may
do and perform all the duties enjOined
upon them under this act, and they may
Jointly or singly examine the property Of
any railroad company, and each shall be
al owed his actual travelling expenses and
a per diem Of five dollars while employed
in the performance Of the duties enjOined
upon them by this act, 10 be paid upon the
warrant of the Comptroller issued TO each |
upon his stated account, out Of any money !
in the treasury.
Sec. @. BE It further enacted, that when |
said assessors shall have complied with the
provisions of this act, and certified to the |
COMPTROLLER the amount to be taxed to |
each railroad company, together with all |
the facts, it shall be the duty Of the Comp /
troller to submit the same forthwith to the !
Governor, Secretary Of State and the Treas |
urer. these being hereby constituted a |
board Of examiners; and if, in the Opin- |
ion of these three, or any two Of them, the |
valuations so made and reported, Of any |
railroad company, is too low or is not just |
and fair, it shall be the duty Of the Cover
nor to appoint another board Of assessors, !
and said last board shall proceed at once to |
value the property, under the provisions Of /
this act. aud to this end are empowered to /
DO all the acts and things permitted herein |
10 the first board, and may adopt any facts /
found by the fl st board; and the last board
shall certify the result, as soon as possible, to
-. 60. IIo- oy,d the Sqrna shall he final Il