The record-union., 1893-02-25


and if those companies actually owe the
State anything, he believed the Seawell
substitute should be adopted. Senator
Carpenter had, he declared, said that the
Legislature had no right to make reas-
sessnents on railroad property.
Senator Carpenter denied that he had
said anything of the kind.
Senator Ostrom said he had so under
stood him, but was glad to know he had
been mistaken. He believed that it was
the duty of the Legislature TO deal out
tax levies equally to all property in the
State, and to show delinquent taxpayers
that they were subservient to and under
the sovereignty of the State. He hoped
that the Senate would vote for the SUBJ
stitute bill. He had been told by John
p. Dunn that the assessment of the fran
chlse never was contemplated in the as
sessment.
Senator Wilson spoke next, saying that
when a Board of Equalization had been
formed, under the organic law, it was
found that the whole business had been
unconstitutional = unconstitutional ac-
cording to the fourteenth constitutional
amendment. They said it was uncon-
stitutional to tax their franchises. That's
what II was. oh, shame on you And
it don't make any difference what is done
here to-day. That's all rve got to say
about it."
BERRY'S POSITION.
Senator Berry said two years ago he
introduced a reassessment bill and put
in another this session. The question
was one that had been under discussion
for years. 1t was gone over thoroughly
by the Committee on Corporations, and
as result substitute had been sub
mltted. The question now was not
whether the railroad company had been
a benefit to the State or not, but was as to
which of the substitutes should be
adopted. He had investigated the mat
ter pretty thoroughly and found that the
various counties had received the money
due them for the years prior to 1885. For
the Legislature to step in now aud say
that property shall be reassessed for
these years-property which has already
been assessed and paid its taxes-wouId
be disastrous. Plainly. it would be un-
constitutional, and the State would only
be involved in endless litigation. Nobody
could expect the company to submit TO
any such unlawful tax. He was opposed
to the Seawell minority substitute. and
now believed the substitute proposed by
the majority of the Corporation Com
mittee was the better proposition. When
he introduced his reassessment bills, he
had not been fully informed, and believed
from what he had been told, that there
was possibility of collecting taxes for
the years prior to 1885. He thought the
State had had enough litigation, and
should profit by its former experience,
and stop fitting at windmills.
Senator Orr knew of no reason for not
stopping at the year 1884 as well as at 1879
regarding the constitutionality of the as
sessments. In 1888, he said, there was
assessed to the Central Pacific Company
622 miles of track at ,SS9 20 a mile.
The aggregate assessment for the wear
was S276,S65 10, but the amount actually
paid in was $780, ,1l9 OF. He proposed
adopting a measure authorizing the COL
lection of the delinquent taxes from the
railroad for the years 1885, 1886 and 1887,
and was therefore opposed to the minority
amendment.
The hour of recess having arrived, the
discussion was cut off temporarily.
BURKE'S HOBBY.
The debate was resumed at the after
noon session, Mr.. Burke taking the floor.
He went into the history of the railroad
tax cases, and declared himself virtually
to be against the railroad company, right
or wrong. He thought the State was en-
titled to more money than the committee
report provided for, and was opposed to
the substitute. He talked to some length.
read some decisions and abused the rail-
road.
Senator Seawell then spoke in defense
of his substitute bill. He referred par
ticularly to the objection raised by Mr..
Orr that the railroads would have to be
reassessed at the valuation of that par
ticular year. Under the law, the Legisla-
ture could not say to the State Board of
Equalization what rate they shall adopt.
hence the peculiar wording of his substi-
tute on this point. Mr.. Seawell argued
again that his substitute was constitu-
tional, and, as it would bring in double
the money that the committee substitute
would, it should be adopted.
y special order for reading Assembly
bills interviewed at this juncture, and the
discussion was postponed until $3.50
o'clock. At that hour Senator Carpenter
took the floor. He spoke briefly, and
then the roll was called on the SeawelI
minority substitute. 1t resulted in the
defeat of the Seawell proposition by a
vote of y to Is.
The roll was called on the committee
substitute. and it was adopted by vote
of y to Is.
The substitute was then read and placed
on file for third reading. Senator Car
penter offered some amendments which
were adopted, providing that with the re-
assessment litigation shall cease unless
the railroad company fails to pay up
when the taxes become due under the
bill.
Burke proposed an amendment carry
ing the assessment back to 1882, but it
was rejected.
GLOVE FIGHTS DOOMED.
The Senate Passed the Assembly Bill
Promptly.
The Assembly Bill making prize fight
ing felony and describing these sort of