St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-12

companyS holdings, was grossly out of
proportion, and believed that the total
would not reach above $50, 900, 900 to
SlO0 eco. This amount would not be
taxed on the whole, but on the usual
two-thirds valuation, the same as other
property.
AT this point a motion to rise was
made, 1t being nearly 6 o'clock, and
Senator McHale stated that he did not
want an adjournment taken unless he
could be permitted to submit an amend
ment or two. He was invited to send
up his amendments, after which the
special order was continued until this
morning a II o'clock.
Senator McHale's amendments alter
both the title and the body of the BILL
the first processing to remedy the de-
feet in the title spoken of by the sena-
tor in his speech the title as amended
reading as follows:
"a bill for an act relating to the
taxation of certain lands owned by
ralroad companies in this state and
repeating laws and part of laws relat-
ing to this taxation of the same, and
to enforce the payment of the gross
earnings tax on railroad property and
franchises as heretofore provided by
law; and to provide for the submission
Of this act to the people of this state
for their approval or rejection
The second amendment purports to
poVide an antidote or preventive for
the calamities which are stated to ap-
pear in the wake of the original bill and
provides that it shall be operative "in
so far only as not to impair in any
manner or degree the obliga ton of
any and all railroad companies now
or hereafter having business in this
state, to pay into the state treasury
the percentage of the gross earnings
of their respective railroads at the
rates, times, and in the manner here
tofore provided by law
Numerous expressions of opinion
were taken among members of the
house and senate after the adjourn
ment, and among the friends of the bill
only two opinions were expressed, the
first being that the amendment was
intended to provide a means. in case
of the passage of the bill, whereby
companies could elect to pay the gross
earnings tax instead of direct per-
sonal property tax, and the second be-
ing that the amendments would sim
ply afford a pretext for some who de-
sired to, but who under the present
| circumstances dare not vote against
the bill
Representative Markham, who in
troduced the bill two years ago, is in
the city and criticises in very harsh
terms the means being used to defeat
the bill.
The argument will be resumed at II
O'Clock today, and a vote will probably
hn
lack half a dozen votes of enough to
pass it, though a number of prominent
Republican politicians are earnestly
working for it as a party measure.
Lieut.. Gov. Day is a pronounced adj
vocate of the bill. as are several
other state officials, including D. F.
Reese, clerk of the supreme court
CHILDS' OPINION.
The opinion of Attorney General
Childs upon the questions involved in
the operation of the proposed system
of taxation under the Anderson bill
will be of interest at this time In rem
dering his opinion in compliance with
resolution of the senate, Mr.. Childs
briefly states the purpose of the bill
and his conclusions, as follows:
In brief, it seeks in a constitutional
way to subject to ordinary taxation the
unsold granted lands of railroad COM
panieS.
1t expressly disclaims the right to
disturb the gross earnings system save
so far as it relates to such lands
1t declares that If the act shall be
held void as applied to the lands of
one road, it shall nevertheless be
valid as to the lands of other com
panies not similarly situated.
1t therefore follows with the Ger.
tainty of logical deduction that if
the measure will not secure the taxa,
ton of lands falling within it's pur>
view without destroying the system
or substituted taxation of the other
properties of railway companies, it
VIII not be operative for any purpose
In other words, it will be effective for
the purpose thus clearly manifested by
its terms, CT it will prove a useless and
ineffective measure
again dlVerging, and declining to
commit himself to the expression of an
opinion aside from what he deemed
himself called upon to make as a pub
lie official, he says:
am therefore clearly of the opinion
that the lands contemplated BY the
terms of House File No. l may be sub
lect TO ordinary methods of direct
taxation by compliance with the re-
qulrements of the provisions of the
constitution above cited.
After citing numerous authorities and
quoting the decisions and opinions of
the supreme court, he adds:
L have only to reply that it would
not, IN my Judgme nt, relieve any of The
companies of this state of any of the
outles pertaining to taxation now rest
ing upon them. No other conclusion
would be consistent with the yieya
hereinbefore expressed. The gross
earnings tax not resting in contract.
the companies thus taxed must com
ply with the requirements Of statute
SO long as the constitutional princinIe
OF equality of taxation is not Violated
DONE IN THE FORENOON.
The senate in committee Of the
whole, with Senator Barr in the
chair, took UP general orders at the
morning sitting. Senator Sheehan
moved that his bill proposing a con-
stitutional amendment to allow large
cities to frame their own charters
be made a special order for Wednesday
afternoon. Senator Howard opposed
this on the theory that it might inter-
fere with his general charter bill. and
wanted the Sheehan bill left in abey-
ance until action should be had on his
Dill. Senator Sheehan said he thought
there was no reason why his bill
should be held by the throat until the
other bills should be given the right
of way. His bill had been introduced
early in the session and had been in
the committee on municipal corpora
tons ever since, and he thought both
bills should be considered upon their
merits.
Senator Sheehan suggested that the
bill be made a special order immedi-
ately after the Howard hill but +bot
gentleman objected to this, and Sena-
tor Sheehan said that it seemed that
Senator Howard objected to the bill
being taken up either before or after
his measure. Senators Stebbins, Full
er, Wyman and Potter backed up SEN
ator Howard, and Senator Stevens sug-
gested that there could be no objection
to taking the Sheehan bill up immedi-