New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-04
LOWERS QUEER CONDUCT.
TO THE NEUTRALITY-SUSPICIOUS.

Trenton March (SpeciaD.-The House COM
r,ttee on Railroads and Canals gave final hearing
IN the Equal Taxation bill In the Assembly Chamoer
tonight Chairman Lower had adjourned the near
ing last week for the purpose Of hearing D. FRANKLIN
Fort counsel for the Delaware, Lackawanna ana
Western Railroad Company, and he was on mana
when the committee announced Its readiness to
hear any one having anything to say for or against
the bill
Mr. Fort discussed the subject from an entirely
new point OF view. Railroad taxation should be
settled principle" he said. "It Is not matter
Of local regulation at all Our Court OF Appeals
has declared In It's railroad tax cases that all taxes
are State taxes. 1t is therefore an error to argue
that taxes should be imposed all property simply
because Of local necessity.
Some evident m!sapprehenson OF the pending
question should be removed before we enter upon
the general discussion. BY ingenious publications
the friends OF taxation OF railroad property have
gotten abroad the impression that the present
method OF taxing railroad property In New-Jersey
IL not according to the method pointed out by the
State Constitution. This ia erroneous The court
of last resort the State has decided just the OPP
posite.
THE Legislature has the right. that court says.
to segregate specific classes OF property from the
general mass. and declare that It may he taxed as
such by rules alone applicable to 1t. and that such
taxation IL a constitutional taxation Of that prop
erty by several laws and uniform rules II II be taxed
according to It's true value State policy for the
taxation of railroad property must be adopted
When adopted 1t must be maintained. The rail-
roads cannot be subject to a constantly shifting
State policy They. must know what their fixed
charges to be. They must not be subject to the
caprice Of localities. reversible and indefinite each
year
WISDOM OF THE ACT OF 1884
The act OF 1884 was wise legislation. No one has
ever questioned that. 1t is the GROWING glory in
statecraf OF deceased Governor and OF the present
Governor then Senator. It establishes State
policy That policy should be adhered to tenaciousy
unless radically wrong 1t must not be changed be-
cause one locality may ask It. II on It's uniform
operation It works well. it must not be modified to
meet a special case 1t provides sufficient revenue
with It's companion-piece the Miscellaneous Cor
poratlon act. to meet the needs OF the State and TO
prevent a being imposed upon the people 10 sup
port the State. Railroad property must be taxed on
the principle that 1t belongs to young concern and
In such manner that the valuation shall be made
on the continuous line Of route IL must also be
considered in fixing the rate that IT Is a c.ass OF
property disable only for purpose, and that its
operation is subject 10 restriction by the legislative
power which created Il. as 10 charges for trans
portation and other Ike matters
II n railroad does not like It's surroundings In
locality IT cannot sell out and remove. as an ind!
vldual Its property is largely property which II
only has "A right use 1t does own the fee. 1t
is corporate property--the child OF the State IT is
duty Of the State to protect II. not confscate
Il: II t. owned and is not citizen with rights 10
protect Itself at the ballotbox The people OF this
State DO not want 10 crush the railroads. Why
should they? What would New Jersey be but Tor
them The present method OF taxation was APP
proved a. just by the Railroad Commission OF 1871
which declared that the act OF that year was as
equa taxation as IT was possible for railroad
property O. BE- taxed
Mr Fort gave statistics intended show TO the
state the benefit for the operation OF n, the present
franchise tax which could not. he said. he enforced
under the pending bill. He referred 10 the crufity
u the pending bill 10 the taxation OF the main
stem" He closed by general references to me act
Of 1851 which he said. had given general satisfac-
don lie thought IT wise TO let well enough
alone.
THE HEARING ABRUPTLY ENDED.
Chairman Lower closed the meeting abruptly
lust as Assemblyman Hoos had risen 20 speak for
the biz,
This committee doesn't intend 20 sit all night
said Mr. Lower This meeting was called for the
purpose u giving Mr.. Fort opportunity to be
heard Thomas y McCartcr, who represents the
I"high Railroad Company. Is deslrous OF belng
heard and 10 give him hearing the committee
Will adjourn this meeting until next Monday
Instantly there 4 storm OF protests senator
DAILY demanded report OF some kind
"Repor; the bill adversely II you want 10, but re-
port IT," said Senator Daily
Mr. Lower reminded that at the asst meeting
he had announced that this would positively be the
last hearing Some uncomplimentary things were
said 10 Chairman Lower. and his reasons FOR delay
II was alleged by the friends OF the BILL were not
made clear.
Mr. Queen the ln,roducer OF tho measure. stated
that he would give notice tomorrow OF a motion
TO relieve the Committee on Railroads and Canas OF
further consideration OF the bill.