The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1879-01-23

fore.
Railroad Meeting at Hopkins School: House.
At tho railroad meeting held at Hop
kins school house in Smoky View
on Tuesday evening, there
was q large and enthusiastic representa-
ton of the citizens of that township, as
we'll as of Lindsborg and Salina. James
Smith Esq. was chosen chairman, who
on taking the chair, in few brief re-
marks stated tho object OF the meeting,
and suggested the discussion be limited
to twenty minutes for each speaker,
which Was agreed to.
Mr.. A w Wickham being called for,
stated that no would set the ball rolling
BY reading q circular which they had
prepared for distribution. He thereup-
on read at length from q printed circu.
lar, giving the figures which he claimed
correctly represented the bond and rail-
road matter. That tho taxes which the
township would derive from tho rail-
road would provide fund sufficient to
almost entirely pay the bonds and all
interest that might accrue on them.
That there would DO about CT miles of
road in the township, which, at valua-
ton eq1al to that of the main limo of the
X. P. road-S70O0 per mile-and $1,000
depot ut Asoria, would place within the
township 1880 additional taxable
property. Tho rate OF taxation in the
township IS three per cent, and the tax.
es obtained from tho railroad alone
would amount toSl, 4S5 each year. The
speaker then referred to Section 10,
Chapter 1O7 of Laws of 1876, and claim
ed that under it the township of Smoky
View would get tho benefit of all taxes
levied upon the road, the county as well
as township taxes derived therefrom be-
ing applied to pay the principal and in
terest of the township bonds. That the
taxes levied upon tho road in the city Of
Saiina and in Smoky Hill townships,
where bonds were not voted, would be
divided between the townships that vO.
ted bonds and applied to pay them. In
this way not only would the interest on
the bonds DO paid out of the taxes raised
from tho road, but in addition there
would be surplus of $500 each year as a
sinking fund to pay the bonds. He
SAID that he had counselled with some
of the best lawyers in regard to this law
and they looked at it in the same light
that he did. On being asked what law
yers were of that opinion, he said Hitler
and Spivey, and ho understood also Mr..
Banks.
T. F. Carver said it placed him in o
very awkward position to appear before
the citizens of Smoky View for the pur-
pose of opposing the voting OF bonds to
this railroad, when these other gentle
men have figured the matter out, and In
their way have shown that money would
DO made by it. and the road itself would
more than pay tho bonds. He did not
wish to throw any obstacle in the way
of the people putting money in their
pockets, but no did not believe their
figuring correct. The valuation per
mile on tho X. P. road includes depots,
&C., yet these gentlemen put in the pro-
posed Asoria depot at $1,000 extra,
when there would probably not be q
depot erected to cost over 5000. They
say that all taxes derived from the rail-
road 20 to pay the interest and princi-
pie of the bonds. That the township
not only gets the benefit of the town
ship taxes but of all county taxes. They
say that such is the opinion Of some of
the best lawyers. Now there may be
some question as to the exact intent OF
the Legislature IN enacting the section
of the law referred to by the first speak.
or, and he did not care what any lawyer
said was tho correct meaning of the act.
If tho legislature meant that county
taxes should be used to pay township
bonds, they were trying to do what
the constitution of the State prohibited.
The constitution is the supreme law OF
the State, and when the Legislature pass
an act authorizing something to DO done
which tho constitution says cannot be
done, tho act is void and is no law.
What Is county tax? whore do We
find authority for it? In the General
Statutes of 1868, page 295 sec. l, there
is provision of the law which empow.
ers tho county commissioners to levy
a "county tax" to defray county charges
and expenses. That is authority for
a county tax, and 1t is levied for the
special purpose of defraying county
charges and expenses. Now turn to
the constitution, article IL sec. 4
which reads:
mo tax shall be levied except
in pursuance OF a law which shall
distinctly state the object of the
same; to which object only such tax
shall be applied"
How are they to get around this con
stitutional provision, that the county
taxes as we'll as all other taxes mus
be applied only to the object for which
they were levied? 1t cannot be done
The railroad, so far as taxes are con
cerned, would be the same to you a:
any other property that is brought
INTO the township-it would simply be
so much additional property to tax
and the township would get its levy
for township purpose and nothing
moro. This is now four mills, and the
taxes at that rate that would be derived
from the railroad would give the town
ship about Sl30a year. The balance
of the interest on the bonds each year
would have to b. raised by increased
taxation on other property.