New-York tribune., 1886-05-30
RAILROID INIERESTS.

THE NEW-JERSEY RAILROAD TAX LAW.
ITS CoysTITUTIONALITY AFFIRMED BY TIE COURT
OF ERRORS AND APPEALS.
[yRoa THE REGULAR CORRESPONDENT OF TIE TRIBUNE.
TRENTON, n. j., May 29.-The Court of En-
rors and Appeals to-day reversed the decision OF the
Supreme and upheld the consttutionaIIy OF the
Railroad Tax law OF 1854 The opinion of the majority
was read by Chancellor RunyOn lie reviewed the rail-
road tax legislation since 1869 and remarked that
the copsttutionality OF the laws had never
before brought test having been accepted by
the companies concerned in every Instance. lie aii-
fered radically from tho construction made by the
Supreme Court the inherent legislative right 70
tax The lower courts view OF tho seemed to him
to be too limited. The power to tax was an essential
attribute sovereignty and could not be questioned Dy
the courts beyond degree OF procedure unless
there was q clear infringement OF tho Constitution
With the policy OF any system the court had nothing
TO do The right classify property for taxation was
in the opinion OF the Chancellor, clearly permitted py
tho Constitution, providing tho classification had dis
tinct characteristics. That railroad property WAS
clearly a class that could DO separated from other
classes did admit OF doubt SO long as all
members OF single class OF property are Included
under the and the rule applied to all Is uni
form and tho assessment IL made AT the true
value the companies cannot complain, for each bears
only share OF the tax Ii does not concern the
whittier the tax goes-wheher 1t is applied to state pur
poses or local purposes. All State taxes
FOR power from the State. II the law concern
ing The evying OF the tax ID correct the tax Will slau
Although the Legislature Las taken pains 10 make tho
burden borne by the companies equitable. II ROMANS
fact that system can be made perfectly just Con-
Guiding this Orancn or the subject the Chancellor sAid'
The power OF taxation Is in tho legislative branch OF
the Government alone 1t is unbounded except as nm
tied by constitutional restrictions. law whch taxes
a OF property separately Is not unconstitutional
uniform rules aud according its value
The Itionay OF such law is TO be deternnci
I'm the way In which II would he determined II the
property taxed the only property taxed IN Inc
STATE Railroad aud canal companies arc not tne ohy
corporations which required to taxes for State
purposes.
Tho Chancellor also sustained the right OF the Legs
lature TO tax franchises but he did discuss the sub
ject the San Mateo decision. concerning the ap-
plication OF the Fourteenth Amendment OF the Federal
Constitution this case the Chancellor says the alleged
smilitudo does not hold good.
After the reading OF the opinion. the Chancellor an
that further arguments will be heard In the
OF the Morris Canal and Banking Company. tho
Morris and Essex Railroad Company. tho Paterson ana
Hudson River Railroad Company and the Paterson anu
rrrpeaabe contracts In all the other cases the ,han
ccor ordered that the records be returned TO inc
Supreme Court 10 be proceeded upon according 10 law
Judge Depue read long opinion In favor OF sustain
ing the Supreme Court decision ani following the rea-
soning OF the Supreme Courts OpiDon. . -
Judge Dixon read an opinion concurrng with inc
Chancellor except ~ To the right TO Impose
io far on other ppoperry Judge Reed tool,
grounds Judge bIon and Judge Parker also read
opinion sustaining the Chancellor all his points
except declared the clauses in the law con
cerning local taxes wero unconstitutional Judges ocuu-
der and Paterson read similar opinions
All the judges to reverse supreme Court e1
ceptine Judge Depue. On the question AS TO iosa s
threo Depne, Reed aud DiIon) 10 affirm the supreme
Court. d,
The effect OF the decision 10 TO relieve the State OF al
latiDn minor questions yet be considered, tho Jaw
OF 1854 viii henceforih be unchaenged. Tho result
legislative session, to meet Tuesday will now be un
necessary. and there Will probably be Immediate nd
| iOurnment.