Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-01-14

kinds OF property from taxation. On tn
| theory that taxation and protection are re
ciprocal no exemptions can be defended. 4
all property receives the equal protection o
the laws, all should be made to bear its pro
portionate share of the public burden. Th'
exemption of any species of property Is no
equal taxation and can only be defended oil
the ground of a subsidy: for il is the sam'
thing as granting 10 the owners of the ex
empiel property a considerable sum out o
the public treasury
MoNEr At INTEREST.
While there is large amount of propert,
in the State exempt by law from taxation, al
amount much larger, in the form of bond
and notes-money at interest, is PRACTICAL,
exempt because not reached BY the assessors
How can this property be reached? Most O.
the States in the Union require the inven
tory to be made under oath Experience hai
shown that the pains and penalties of perjur,
are not without an immense moral influence
in bringing personal property within the
reach of the assessors, and there would seen
TO be no valid reason why these should not be
invoked to secure that end. As the law now
stands it is left to the discretion Of the as
SCISSORS whether they will require the tax
payers to give in their inventory under oath
There would seem TO be good and obviou.
reasons why tfls requirement should not be
left to the discretion of the assessors, but
made imperative in all cases and in case OF
refusal or neglect on the part of any tax
payer to give in such sworn statement, ther
the assessora should assess such persons from
the best knowledge within their reach, adding
thereto heavy doomage. 1t can not be
doubted that by this means the aggregate
mass of taxable property brought within the
reach of the assessors would be greatly in
creased, the rate of taxation lesscned and
individual burdens lightened.
TAXATION OF RAILROADS.
Prior to the law of 1880. providing for the
taxation of railroad corporations, the capi
ital stock only, of these corporations. in
other words, the right of redemption. only
was taxable. Property of more than 500
100000 in value, therefor, escaped with
trifiing taxes compared with other kinds OF
property in the State. Hence the law of last
winter was passed providing for the assess
ment by the Governor and Council of oae
per cent. on the road-ways, rolling-stock and
franchise OF the several railroads, leaving
''the lands, buildings, and fixtures outside OF
the rcadways to be taxed by the town" where
situated.
assessed by the Governor aud Council, ant
the assessments have been paid by the sew
eral corporations assessed, excepting the
Maine Central, the Boston & Maine. and tho
Portland, Saco & Portsmouth Railroads
These corporations resist the payment on the
ground that the Act of last winter is uncon
stitutional. Actions to recover the taxes o
these corporations have been commenced by
the Attorney General; the cases have beer
made up and are now in the hands of thu
Court An early decision is hoped for, ant
expected before the close Of this session.
The taxes levied upon the corporations
contesting the legality Of the tax, are as fol
lows: Maine Central. So, 900. Boston
Maine. SlS. 900. Portland, Saco 4 Ports
mouth, Sl2, 900; assessed upon a valuation o
s., 200, 200. Sl.s0O, 900, and 81, 20O, 900, re
spectively; being at the rate per mile of 81.
600, S3s 900, and s24, 900, respectively.
1t is possible that these corporations ma,
escape the payment of their assessments
through defects of the law in the mode o
imposing the tax. The assessments NAV no
be sustained, either as a property or an ex
else tax. The constitution is over all, cor
porations and individuals alike. and, in a cas-,
of doubtful constitutionality. it is the rgh
and duty of the management of these cor
They have seconded the efforts of the At
torney to the State in seeking the decision o
the Court, at the earliest possible day.
As to your power to tax these corporations
YOU need only to be reminded that you ar,
clothed with the sovereign functions of legis
latiOn. and that the only question for youl
determination is, what is the just and effect
i've mode of imposing the tax? The powe
of taxation is an incident of Sovereignty.
State necessity. and the only power which
our constitution, in express terms, declares
that "the Legislature shall never in any man
ner suspend or surrender" All subjects
therefore, over which the sovereign power o
the State extends, are in its discretion legiti
mate subjects of taxation in one form or an
other either as property or an excise tax o.
license: and this may be carried to any ex
tent to which the government may choose t.
carry it, provided the constitutional limita
ton. as to equality, is observed.
SUCCESSION TAx
As all property should bear its just AM
equal proportion of taxation, it would
seem but reasonable that all legacies and in
heritances should not go untaxed. The pro
prietv of an inheritance tax. Distinguishing
between lineal and collateral inheritance, i
approved bv the soundest political ecoho
mist nor can there he any doubt of the lega
and moral rigl of the Legislature to impos
it. The conditions that make such a ia,
lust and desirable are that a large amount o
personal property that passes by bequest-
particularly Government bonds will escap
! taxation altogether. unless taxed when
comes TO the light in its transfer from tn
dead to the living. Besides it would seen
but just and proper that this class of propert,