The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-22

doubtless take place this week.
The board has got its work we'll I'M
der way and there is a tlloroughness
of detail in connection with the task
which indicates that the system of tax
alton this year will cover more than
ever before. The secretary of the board
has sent out number of circulars to
the various county assessors, giving
them instructions as to the manner of
making assessments, which are clear
definitions of the policy to pursue.
Circular No. l calls attention of as
SCISSORS to the fact that the law re-
quires the state board to report to the
legislature the following facts, and that
in order to obtain the requisite infor-
nation the county assessors must send
1t in with their statements.
The knowledge desired is:
1. The acreage in each county in the
state that is assessed.
2. The amount assessed per acre.
g. The aggregate value of all real es-
tate and mining claims, stating each
separately.
5. The kinds of personal property in
each county, and the value of each
kind.
U. L nc aggregate NetluS VI Oil PClSOiiesi
property in the state.
Attention is called to the fact that
the board will also report to the leg
islature such information as can be OBJ
tanned from the assessment book Of
the net proceeds of Mines"
The board calls the attention of the
county officers alluded to to the opin-
ion of the attorney general in relation
to the taxation of mortgages. This
opinion is an important one, and up
to date has never appeared in print,
although a digest of the same was at
one time published, in which a typo
graphical error changed the meaning
directly opposite to what it was in
tended. 1t is believed that holders of
mortgages will be benefited by a re-
production of the same, and it is here
with given:
To the Honorable State Board of
Equalization:
Gentlemen-I have your favor of the
2Srd inst, in which you ask for my
opinion upon the following points, to-
Wit:
l. rs property exempt from taxation
under the revenue law of Utah terri
tory exempt from taxation this year
under the state revenue law? For in
stance, household furniture, profess
sional libraries and mortgages
2. Generally, is the assessment OF
property for taxation this year to be
made in accordance with the provi-
sions of the state revenue law, except
so far as assessments made previous
to the passage of this act, which are
made valid and confirmed under sub
division is, section 43, of the revenue
law"
DEFINES LIABLE PROPERTY.
AS to the first proposition, is such
property taxable under the present rev
enue law? The constitution, section 2
of article IS, provides that "all prop
erty in the state, not exempt under the
laws of the United States or under this
constitution, shall be taxed in proper
ton to it's value, to be ascertained as
provided by law. The word property
as used in this article, is hereby de-
ciared to include all moneys, credits,
bonds, stocks, franchises and all mat
ters and things (real personal and
mixed capable Of private ownership"
etc. This provision is incorporated in
the revenue law passed by the first leg
islature of the state. The constitution
became. operative and effective for all
purposes upon the issuance of the proc
lalmation of the president of the United
States, to-wft, January 4, 1896. See sec
ton OF the enabling act; also section
Is of chapter "a of the constitution.
From and after this date all property.
as mentioned in section 2 of article Is
of the constitution, supra, became liable
and subject to taxation.
MORTGAGE TAXATION.
1t may be said that inasmuch as
mortgages had not Heretofore been
taxed, that the operation of the revenue
law would be in it's nature retroactive.
and be vulnerable to the constitutional
objections of disturbing vested rights,
as to all mortgages in existence prior
to the adoption of the constitution;
that is, that parties having made con-
tracts or loaned money on mortgage
securities when the law did not require
mortgages to be taxed would be de-
prived of certain rights and that a law
imposing taxes upon these mortgages
would disturb the original status as it
existed at the time the mortgage was
SO made. But I do not think so. Sup
pose, by way of comparison, that other
classes of property, such as horses,
cattle or real estate, ETC., had not. prior
to the adoption of the constitution, been
subject to taxation, and parties had in
vested their money in this class Of
property, would a law passed subse-
quently requiring such property to be
taxed be considered vulnerable as TO
such an objection? 1 think not.
I am olf the opinion that all prop
erty mentioned in your first question,
to-wit, household furniture. profess
sional libraries, mortgages. and any
other properties, which were exempt
from taxation by virtue of the terrific
rial law. is taxable unless it shall have
been included in the exemptions con-
tanned in the constitution above set
out. the territorial law which exempted
such property from taxation being re-
pugnant to section of article Is of the
constitution, supra.
AS to your second question, my re-
ply is, Yes.
I have the honor to be. very respect
fully yours, A. C. BISHOP,
Attorney General.
The board calls attention to the fact
that hitherto some assessors have neg
lected to give the number of horses,
mules, cattle and sheep, also swine, as
seSsed in each county, and notifies all
that this must be done-wiH be in
sisted upon.
Duplicate assessment rolls for the
met proceeds of mines have been sent
to every assessor in the state together
with blank statements for mine own
ers; also copy of the revenue act
with an index prepared by the board,
so there need be no reason why am as
SCISSOR should set up the contention that
he was ignorant Of the law governing
his acts.
The opinion of the attorney general
sustaining the action of the assessor of
Tooele county in assessing the property
of the Oregon Short Line g. Utah
Northern, prior to April 5, which APP
peared in this paper at the time it was