St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-09-03
AS Introduced the Bill Was
All Right, but 1t Was
Tempered With.
AS 1t Stands Now It Will, il
Adopted, Help the Rail-
roads Out.
The First Amendment on
Special Legislation Favor,
ably Commented On.

i"""o vi Hio paper strongly ADVISES the
people of Minnesota to vote mo" on
that colossal woodchuck known as the
second amendment. His discussion of
the two amendments is So fair and
thorough that it is in the main repro
duced. 1t follows:
The submission of constitutional
amendments to the vote of the peoole
has become the regular thing at every
election. Hitherto the vote upon these
amendments has depended mainly upon
the view taken by the county commit
tee, or whoever had the ordering Of the
printing of the tickets, as the average
voter, not having informed himself of
the merits of the question before going
to the polls. dropped in his ticket as it
was printed, without erasure or emen-
datlon. The Australian system does
away with this. as both the words
Eyes" and no" are to be printed.
and no ballot will be counted un,
less one of the words is erased.
These constitutional amendments are
uSually OF more Importance than any
other issue submitted at the election,
Whlle the conditions are such that they
attract the least attention and inyesti-
CATION. They are published, it is true.
in connection with the general laws en-.
acted by each Legislature soon after its
close, but i'll the two years elapsng be-
fore another election occurs it passes
out OF mind; and. in The excitement at
tending the selection of candidates and
discussion of the general issues between
the opposing parties as the election
draws near, the newspapers fail to give
to the constitutional amendments due
consideration. The present time is op-
perfume for presenting thpm
The first is an amendment to section
80 OF article 4. and provides, in sub
stance. that i'll all cases in which a gen
eral law can be made applicable no
special law shall be enacted: and
whether general law could have been
made applicable in any case is declared
a Judicial question, to be judicialy de-
termlned without any regard to legis-
iatlve assertion OH that subject. Special
legislation upon the following subjects
Is specifically prohibited:
Inc legislature shall pass no local or
special law regulating the affairs of, or
Incorporating, erecting, or changing the
lines OF any county, city, village, tOwu-
ship, ward or school district, or creating
the offices, or prescribing the powers
and duties of the offices of, or fixing or
relating to the compensation, salary, or
ices OF the same, or the mode of election
or appointment thereto; authorizing the
laying out, opening, altering, vacalin?,
or maintaining roads, highways, streets,
or alleys; renting fines, penalties, or
forfeitures; regulating the powers,
duties, and practices of justices of the
peace, magistrates and coDstables;
changing the names of persons, places,
lakes or rivers; for opening and con-
Quoting OF elections, or fixing or chang
ing the places of voting: authorizing
the adoption or legtimation of
descent or SucceSsion; comforting
rights upon minors; declaring any
named person of age: giving effect to in
formal or invalid wills or deeds, or
affecting the estates of minors or per-
sons under disability; locating or chang
Ing county seats: regulating the man
agenent OF public schools, the building
or repairing of school houses. and the
raising of money for such purposes; ex-
emptIng property from taxation, or
regulating the rate of interest on money;
creating corporations, or amending, re-
newlng, extending, or explaining the
charters thereof; granting to any cor
p0ration, association, or individual any
special or exclusive privilege, immunity,
or franchise whatever, or authorizing
public taxation for private purpose
Provided, however, that the inhibitions
of local or special laws i'll this section
shall not be construed to prevent the
passage of general laws on any of the
subjects enumerated.
The legislature may repeal any exist
ing special or local law, but shall not
amend, extend or modify any of the
ME.
There can be no doubt that the time
OF the legislature is much too largely
occupied by legislating on matters that
could better have been transacted under
general laws, and if another amendment
had also been admitted providing for
return to sixty DAYS sessions of the
legislature, which would be ample time
but for special legislation, the adoption
OF both would have been in the interest
of the people. AS it is. it will be better
to take the half loaf and vote yes on the
amendment.
The second proposition is an amend
ment of section of article 9, by adding
thereto the following:
And there may be levied and collected
annually tax upon the gross earnings
in this state Of all railroads, sleeping,
parlOr and drawing room car companies,
or owners, whose cars run in or into
this state; on all telegraph and tele-
lines are in or extend into this state: OH
all express companies, OF owners. doing
business in this state: on all foreign in
Surance companies doing business in
this state; on all domestic insurance
companies of this state, or On either or
any OF such companies. Or in lieu of
such tax OH the gross earnings of such
companies, or either or any Of them, all
annual license fee or tax imposed OH
them, or either or any of them; but no
tax upon the gross earnings of any cor
poration shall be construed to prevent
the taxation, by law, of any real estate
owned by said corporation not used in
the business of tine same. And there
may be levied and collected, in lieu of
other taxation on mining property,
mines i'll this state, but no such tax
shall be construed TO prevent the taxa
tior by law OF any real estate belonging
to the owners of such mine not used in
the business of mining or il connection
herewith.
The amendment as originally intro
duced in the legislature was ostensibly
to secure taxation of telephone,
telegraph and express companies, ETC.,
but railroads were Interjected in the
course OF the passage of the bill. Under
the present constitution, railroad COM
panies are required to pay, in Leu of all
other taxation, a tax of per cent upon
their gross earnings. This was origi-
nally not productive of very large
revenue, and the roads in their infancy
were quite content, but with the growth
of their business it has become con-
siderable tax, and there is strong sus-
plciOn that the amendment is brought
forward in their interest as being pref
cradle to the present system. The mode
now prevailing bears, evidently, more
upon the roads than if they
were subject to variations of yalue1n
all the different counties, while the tax
is paid into the state treasury and goes
to the equal benefit of all localities, in
stead of to those counties which happen
to have large amount of railway prop
erty in their territory. 1t is good doc
trine to let we'll enough alone, and it
would appear that the best interests of
the people will be consulted by voting
''nn" on this amendmant.