Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-10-15

| BOWEN d KlNGSBURY, Prop'ts.
There is no document more susc. ptibIe
OF mlsconstruction than constitutional
enactment. 1t is couched in legal and
technical phraseology such as is no,
readily understood or comprehended by
the masses. To any one but LAWYER ite
intents and purposes are not fully nn.
derstood except through the most care
full study. Men as a rule do not give to
it the close mental application the sub.
lect demands, hence they are in condi-
ton to become the converts of designing
ones, who work upon ordinary suspicion
and through mislnterpretation and N is.
statements, made with ingenious malice
find little difficulty in accomplishing
their objects.
The crusade inaugurated by Judge
Shannon, assisted by DR.. Burieigh,
against Dakota's constitution meets with
success in proportion to the existing lack
OF information regarding the subject
under discussion. They place
their own Interpretation upon certain
clauses and drive home their conclusions
without argument or logic. 1t is fact
that the taxation clause in the constitu-
tion contains the most equitable provi-
sions to be found IN any constitution.
Here ls the provision:
The legislature shall provide such
revenue as may be needful by leyying q
tax by valuation, SO that every person
and corporation shall pay tax in pro-
portion to the value of his. her, or it's
property, such value to be ascertained
and fixed in such manner as the iegisla.
ture shall direct. by general laws; such
laws to be uniform, as to the classes of
property or subjects upon which they
operate.
10 the Legislature is left the duty Of
prescribing the method by which taxa
tien shall be imposed, with the consti-
tutional restriction that it shall be ac-
cording to value. Objection is made to
this section because of the omission of
the word cash" before the word value; :"
and it is as senseless an objection as
could be conjured up by the malice of
its authors. "Cash" is meaningless
| word IN this connection and would add
nothing to the strength of the assertion.
The value of property is what it is worth
in dollars and cents. There is no other
basis upon which to estimate value.
This point is hardly worth the dignity
OF discussion, as any one can readily
see who is disposed to take reasonable
view OF the case Not satisfied with the
foregoing general provision regarding
taxation the constitutional convention
further provided:
The property Of corporations, except
for charitable, religious and educational
purposes. now existing and to be here.
after created. shall be subjected to uni.
form rate of taxation with other property
which shall be levied and collected under
general laws, and in such manner as the
Legislature may prescribe.
| Under this clause legislature can MOI
discriminate in favor of any corporation
even if disposed to, as such discrimina
tion would fall because of its uncons.itu
tionality.
The chief criticism advanced by Julg,
Shannon against Dakota.s coastitutio.
is that it gives to the legislature th,
opportunity to pass law, if it chooses
to do SO, prescribing a tax upon the gros
earnings of railroads. In other words i
leaves this subject with the representa-
tives Of the people, to regulate as the.
see ct, imposing no arbitrary require
ment upon them. He argues that th
representatives of the people are liabl
to be bought up by railroad corpora
tious. Ii his ideas we're correc
would not the same danger ap
ply to another constitutional con
vention, which must be held in case th
present constitution is voted down? !
the people Of Dakota are to have no con
dicnce in themselves they are unfitte,
for self-government, aud it is this whic
Judge Shannon would have them bt
> Geve.
But Why this sudden interest on hi
part? Because. without much doubt. b
il the agent of the obstructlonists, th
Ordwsy ring and the Northern Pacif
n railroad company. There is no othe
: reasonable explanation. He has no pe
. ouniary interest in Dakota and neve
had. He pays no taxes here, and ne vs
has, beyond the little levied on h
household effects before his family lie
the territory. For years he even mel
lected to pay his poll tax. He is a poll
ical adventurer, an element of discor
The position he now occupies upon th
subject is the position of one newly co
verted to n hobby, by what means l
one can tell. but the public is always ,
lowed the privilege OF drawing its ov
ID conclusions.
During the legislative session of IS
it will be remembered that there was
warm contest in the house over what y
c. known as the granger bill, introduc
ss by James Baynes. 1t was bill to
g. peal the territorial law taxing railio
upon their gross earnings and enacti
in its stead Law providing for local Il
= alton OF railroad property. In the o
Mr.. Baynes' bill Va defeated and th
defeat was due. in some degree to t
efforts Of Judge Shannon, who, thou
then chief justice of Dakota. became
ng active lobbyist in favor Of the success
effort to retain the taxation- -on.gro