The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1894-10-06
COLORADO'S TAX LEVY
DECISION BY THE SUPREME
COURT.
The state University Loses It's Additional
Levy which Was Added After the
Constitutional Limit Had Been
Reached.

I ,erclay, says the Republican, the state
I university VIII not get it's one-tcnJh
OF i mill special tax levied, and bE
the same opinion the Normal school
Will receive its levy. By an original
Supreme court decision. taxes in Co'o-
radD cannot exceed four mills. The
Ninth general assembly provided for
tho Icvyinc Of taxes aegregatins four
and One-tcnth mills. At a meeting Of
the state board Of equalization it was
decided 10 keep within the four mills
and. in order 10 do this. the board de
cIdrd not 70 levy the special tax for
the STATE university The university
officials objected 10 losing the $4,000
which the l,.vy y'Ould have brought IT,.
and asked for Iuandamus 10 cOmptl
the equalization board 10 make the
levy. The opinion inst rendered
covers this case. and the university
loses the money.
The legislature has provided that Il
ievy Of IN 81 mill should be male
for III. State Normal school, and this
levy WIS chi down by the equalization
board 10 4-2D. and thai institution
brought maI1aInus proceedings To
compel its full $50 mill levy. II viIs
it, clEc At the same meeting lie
state board Df equalization crt down
tic stock inspection tax from l-fj mil
70 i,3D Of Il.Il. Judge Hayt Dr.
iivcrcd ihr opinion Of the court. and
IL - q very lengthy and detailed Oac.
His findings arc:
''F'irst-ThHt the action OF the stale
board NJ equalization iu fixing a rate
of 80 mills for the IfTy for general
revenue for the year 1884 was within
the discretion Of the board and cannot
b. changed by any court.
''SecOud-TiIHt the omission Of the
10 Of q mill special tax for the state
university WIS necessary in order that
tile total tax should be kept within
the Emit iiEed By the constitution.
''IHird-Ihlt it was proper 70 :e-
ducc the levy for the State Normal
school. bat that rhc reduction nacez-
sary should fall equally upon the -four
institutions NAMED In the act. and not
alone upon one.
Tho opinion gives the state board II
equalization much power. Tie statr
board decided that the special lcvy
was not essential for the maintenance
Of the university. and decided not -
make the levy. iunEmuch rs II was IN
excess Of the limitation four mills
Tho board however. in stlI seeking 10
cut down the appropriations 20 that
tlIey would come within the four mills.
found n was necessary 10 cut Off an
other 1-lJ Of q mill and decided to
take n from the Stat. Normal school
II DID not rule that the State Normal
school could get along without the
lis, and in this the Supreme court
says it erred. Where loss Of rev
cnuc II necessary. and all Of the state
institutions require Of the legislature
has given them then. under the Opiu-
ion the cut must apply evenly to all
and in this way the four public lu-
stituti1ns Of the state viii all share
tine loss OF the liz mill which the
board sought 70 cut or from the Nor
NAL school.
Embraced in The opinion il the f0i-
lowing recommendation:
The legislative department Of the
state has FOR many years made gpprD-
priufions iH excess Of the limit permit
ted By the statr constitution. As re-
snlr confusion and litigation lave fol-
lowed and the credit Of the state has
thereby suffered. Tho plan of lrvyiHg
special iaEcs Tor particular pUrpGsDE
adds 70 rather than lessons the ain
rfli'y. n the legislature would mar
,ii.al tic a,siis Df tho statc and cstl-
Huic the revenue necessary to run the
state government ana levy tax iuI
gross sufficient with the revenue De-
rived from other sources TO meet Gll
demand upon tic state treasury the
matter would De- greatly simpliGed."
The opinion IS u victory for Treas
urcr Nance. lic VIII now be- able sol
pay all state salaries for the balance Of
flI'. fiscal year HTd keep ih" public in.
s'iirioas running. Had The opinion
irra against lGIn be- would have been
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