The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-14

tHC Kansas supreme court as al du-
thority.' The language of the Kansas
constitution and the Utah constitution
! was very similar. The speaker said
| II man could deduct the amount OF
! the mortgage from the value II his
farm a railroad should be given the
same chances. If it was not, it is but
question of brief time ere legal action
will inyalidate the law. The bankers
faVor this bill because it viii drive
away the cheap money. One banker
estimates that at least $6.000,0O0 IN
eastern money will be withdrawn from
this city alone. The local banks Will
receive the benefits because, eastern
money withdrawn. home money-loan-
ers viii charge higher rates. He IA
vored the taxing of all property at its
! full value, whether mortgaged or not
The motion to adopt the Cannon
amendment, a new section 6, lost on
the following roll call vote:
Ayes-Candland, Cannon, Shows,
Nays - Allison, Booth, Chichester,
Driscoll, Evans. Jones Mckay, Miller
GLEN. Miller (R. CO, Warrum, Suther-
land, zundel.
HE TRIES AGAIN.
Mr. Cannon then offered an amend
ment to section L. providing that any
person, firm or corporation may at the
time of assessment file a copy OF MS
mortgage. deed of trust, or other evil
dence of Indebtedness, and nave
the same deducted from the prop
erty valuation, the language being:
From the taxable value of any real
estate and improvements thereon, the
owner shall be allowed to deduct the
amount of any bora fide mortgage,
deed of trust. or other evidence of in
debtedness secured on real estate and
improvements. Provided. the said tax
payer shall file with the assessor a
statement Of the amount of such mort
gage at the time of making return to
said assessor as hereinafter provided;
and provided further that the said tax
payer shall exhibit to the treasurer at
the time Of the payment of the taxes
assessed. a valid receipt, showing That
the taxes on the mortgage affecting
said real estate and improvements
have been paid for the year for which
the tax is levied and payable"
Mr.. Cannon, speaking to the amend
ment, said legal authorities were at
variance upon this question. The
ownership of property is determined in
this way. A man wishes to qualify on
bond for $4,000. He has title to land
in that amount. but it is mOrtgaged
for $4,000. The courts would hold that
he cannot qualify; that the mortgage
is an equity in the property held by
rule ought to apply in the levy and
assessment of taxes. The bill as it
stands permits the money lender to de-
duct his debts from his total valuation
While the man with land must pay on
the sum total and cannot have the
amount represented by a mortgage eX-
empted. If this amendment is uncon-
stitutional it should not be enforced,
but the courts ought to settle the case.
~ C11+1o
ment was SO clearly unconstitutional
it should be rejected at once. 1t was
not people who We're taxed, but prop
erty. The constitution provides that
property shall be taxed at it's full
value" That does not mean that the
personal debts of the owner shall be
exempted. The plea of Mr.. Cannon in
favor of the poor farmer is as moth
ing. Why should the farmer be exempt
ed any more than the man who owns
personal property and has the same en-
numbered by chattel mortgage.
Mr.. Booth endorsed Mr.. Sutherland'S
statement. If the amendment was car
ried to its logical conclusion, every
man could deduct everything he owed
from the value of his property. A man
could deduct what he owed on his
horse, his COW, piano, furniture, jewel
~ and clothing. There would be very
little property to tax.
Mr.. Cannon closed the debate urging
the adoption of the resolution A
shrewd money lender had declared that
if the bill passed as at present he
would compel every man who Dor
roWed money of him to give him deed
and in turn would give him a bond
for another deed to be given when the
money was returned.
That would be a mortgage pure and
simple" said Mr.. Sutherland, and
would be treated as SUCH.
VIII the gentleman explain how the
proceeding would be conducted?" ask
ed Mr.. Cannon.
Il don't know when 1 will get paid
for this advice" replied Sutherland,
but if the conditions are as described,
ii would be the same as under fore
closure
Mr.. Cannon said he would vote for
his amendment even though it might
be declared unconstitutional. He did
not believe in surrendering a principle
until it was thoroughly tested.
Senator Jones declared the senate
would be placing itself in a ridiculous
light by passing the amendment Every
man in future who borrowed money
would insist upon giving real estate Sc
curity and the revenue would be fritz
tered away
On roll call the amendment was de-
feated, ayes 4. nays 9. Candland, Nc
Kay, Zundel and Cannon voted aye.
The bill was amended in relation to
the date of delivery of assessment
book to the treasurer, making the time
on or before the first Monday in Sep
TENDER, instead of October Taxes be
come delinquent November Is.
In section 122 Mr.. Evans moved to
strike out the word treasurer" and in
sert the word collector" thus bring
ing up the issue as to whether the
senate wanted to abolish the office of
collector and vest his powers and du-
ties in the treasurer.
Various members asked for delay, on
account of Mr.. Allison's absence. He
was investigating sentiment in his
county and wanted to be heard.
Mr.. Evans offered no objection and
the motion went over.
ANOTHER ELIMINATION.
Mr.. Sutherland made another sweep !
ing motion, striking out from sec
ton 126 to 153 both inclusive, and sub
stituting therefor the following, which !
is substantially the present law:
Section 129. The county treasurer
shall, on or before the first day of
December of each year, publish a list
of delinquent taxes. classified in towns |
and cities by addition, subdivision,
plat, block and lot, and other lands |
by range. township and section or legal
subdivision thereof, with the name of |
owner when known. Said list must be |
published for a period of ten days in /
a newspaper having a general circula-
ton in the county. On the third Mon |