The state chronicle., 1891-02-11
THE w. Il w. X. R.'S PROPOSE
TIDN.
RALEIGH, n. c., June II, Il


Hon E W KERR, CH'M'N, &C:
DEAR SIR [ have given for severa
weeks most anxious consideration 70 tt4
proposition of the Wilmington & We
don Railroad Company TO make IA quaI
lied surrender of the exemption iron
taxation contained IN its charter Is Il
terpre cd by the coarts.
That proposition Is Contained N -
draft of q oil which mas been today 50
l.2itted 20 you by the president of tn,
company ana which your committee Is
called upon to recommend to the mex
General Assent oily tor acceptance Or re-
lection. 1t is estimated that If this
proposition is accepted it will annually
yield $40, 900 to the public revenues OF
the State Gnclnding revenues to the
counties through which the road and it,
branches rum from property which has
hitherto resisted taxation successfully by
reason of the exemptive clauses In Its
charter.
am not insensible of the great bene-
fit which viii he derived to the people
Of this State by the contribution of so
large 4 sum to t.4e treasury, and this
consideration, l confess, induced NE At
first to strongly favor the proposition
to the conclusion that the proposed leg
lSlatiOn would be unWiSe and that the
proposal of the company, in its pre- cut
form, which | am given to understand is
it's ULTIMATUM, should not be accepted.
The pecnniary aspect of the question
should not be ignored, but III my opln-
ion it is not the only nor the most im-
portant one. Behind and above it is III
volved the right and duty of the soyer-
eign State of North Carolina to exercise
its powers for the EQUAL protection Of its
citizens and IMPARTIAL distribution Oh
the burdens Necessary 80 its government
rhe fact that the State has been, in re
spect to this corporation and to others
to a more limited extent: bound hand
and foot by provision inserted in char
'ers granted Years ago when they were
intended only to aid the OBJECTS of It's
interest until such time as they could
stand alone. a period long since passed.,
has aroused feeling of dissatisfaction
amounting to irritation among the peo-
pie that has manifested itself on many
occasions and will continue to do so uuLli
the last vestige OF the cause has disap-
peared. The consciousness of !. citizen
that he is bnrdened with a tax, Iroul
than himself to bear, is exempt. though
enjoying equal benefits of the govern
n-nt, Inevitably begets a sense ''i lnjn>-
tice, independent OF the amount involv-
I'D. The lapse Of time only extends the
number aud deepens the convictions OF
these people until loss of confidence
and respect for their governmet follows
Partial legislation is believed to be the
cause of that wide spread amt danger.
Gus feeling of unrest now so prevalent
throughout the country and wn.cn III
spires our most sagacious men with
grave eapprehensions.
Every thoughtful citizen OF this State
is aware OF how extensive ami deep
seated is the discomfort of,the people on
this question Of the exemption OF cor
porate capital from taxation No prop
ositlon witch does not recognize the
principal of equal and impartial taxa loI
will remove lG. No amount Of nouev,
in my opinion, viii induce them 70 con
done violation Of this pTiuciple.
But it is SAID W. must deal "Wifl
d condition, not u theory" tha5 this co
poration has a pes petuas ana lrrep abi
exemption IN lis charter and that II l.
better to accept something than moth
ing. | concede that it no ! SEEMS i'm
possible to subject its property to taxa
ZION, but | b,ileve that this, cD..ditlon
will not long CONTINUE.
Assuming that the Judgments Of the
courts (though they have not hitherto
been unanimous on that point) will re
main unch ,nged. yet experience III Other
States has invariably shown that sooner
or later the corporations themselves
have been constrained by either the force
OF public opinion or their own ietcrests
Or necessities to make an Absolute sur
render OF these imminities. That TIM
in my opinion, Is not far distant III bi>
State. In may not come this Year ..
the next, or the third, but it viii come
sooner, perhaps, than We expect.
The pending proposition is the strong
est evidence OF it. Those Who subn.I'
it on behalf of the company have be..
perfectly frank in their statements auo
arguments. They say they recognize
the existence Of an antagonistic feeling
toward their company growing out o1
the peculiar privileges, that they are
anxious to remove that feeling and es
tablish more cordial relations, and that
they are desirious of securing from the
General Assembly certain amendments
to their charter and other conce ssions
highly valuable TO them, and which they
assert would unhesitatingly be granted
but for the fact of their insistence here
tofore upon their exemption from taxa.
ton.
The recognition Of these facts and
necessities by the company will not di
mlnish, but will daily grow create,
until its management will cheerfully do
what am convinced its most sagacious
members now admit. yield the exemp-
tions and come in and take their place
alongside the other citizens of the State
in the enjoyment of its protection and
the duty of its support.
firmly believe it is better to await
that time than to prolong the
present situation by the acceptance
of this proposition which only modifies
the'1xTENr of the exemption. 1t rlgidly
insists upon 1ecognition of the PRIN-
CIPLE of f.Ron-t&xation.
1t comedies State and county taxation.
bnt upon its own terms. 1t dictates
what particular species af property it
will submit TO taxation. II fixes for all
time the value to be put on that prop
erty. 1t in effect refuses to trust the
State to deal with it as with it's other
subjects, and insists that the soverei gn
shall contract with its own, creature up
on terms not only unequal, bat. lacking
,insrespect for itself. In addition it de-
mands as compensatienfqt this partial
concession. privileges. SO faf,reaching
that it is impossible for the ogdinaIY-nn-
derstanding to measure theil operation.
Let Us not repeat, what is no3. con
sideredsto have been q great. mistake
when this exemption was granted, by
committing the State to a policy, which
in all probability will postpone the time,
surely and rapidly approaching, I be-
lieve, when il maKswith dignity resume
its rightful functions.
THEO. F. DAVIDSON.
Attorney GeneralS-