New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-12
TO AMEND FRANCHISE TAX.
MR. RoDENRECKs PLAN TO ENLARGE SCOPE
OF THE ACT

MIX. PLAN ENLARGE SCOPE
OF THE ACT.
Albany, Jan. 11.-Mr Rodenbeck of Monroe Coun-
ty. introduced in the Assembly this morning a
bill to amend the in relation to the taxation of
corporations. It provides that fixing the value of
all wharves, piers bridges telegraph lines wires,
poles and appurtenances, supports and Enclosures
for electrical conductors and other appurtenances;
surface, underground elevated railroads. rail-
road structures substructures and superstructures
tracks and the iron thereon branches, switches and
other fixtures. mains pipes and tanks the assessors
may take into consideration any franchises, rights
authority, permission and easement, to construct
operate or maintain the same, owned controlled
by any person, copartnershp, association or cor
poration. but this shall not apply to real property
subject to a special franchise tax.
Mr. Rodenbeck also introduced a bill to amend
the Tax law providing that the franchises rights
authority permission to construct maintain or
operate railroad, mains, pipes, tanks conduits
or wires, except special franchises of corporate
shall be assessed
Mr.. Rodenbeck, speaking of his bills later, said
These bills seek to subject to taxation franchises
not covered by the special Franchise Tax act of
last year At the time of the OF the spe-
The proposed Bill reaches otber or persohay
cred by the special franchise act including The
Tlght 10 DO business and easements of light air
The franchises and easements included in the
1e 4 Ds are property and should be taxed
able as personality: They are not taxable realty
value OF real estate beyond the of reproduce
Ing the real estate The proposed amendment to
section Il OF the tax law allows them to be taxed
as part of the capital stock. This tax would be
levied at the home office of the person, copartner-
ship, association or corporation coming within It's
language.
The proposed Section 10 does not tax them again.
but merely allows the assessors to take them into
account with other tests and measures of value
which men ordinarily adopt for business purposes,
IN hxing the value Of the real estate. This applies
TO every tax district where the real estate Of the
person. copartnership. association or corporation
covered by the tax exists
The special tax franchise affects chiefly cities.
The proposed bills affect chiefly rural tax districts
but apply also to municipalities. The proposed
bills do not subject the property under them
to double tax Whatever property is covered by
the proposed bills is, under existing laws and de-
cisions, excluded from taxation
The tax imposed by Article TX is a tax for State
purposes and was not intended to exempt from
local taxes. But even double tax is not uncon-
stitutionaL The tax law did not intend to exempt
any property from taxation except such as was
expressly exempted The property covered by the
proposed bills is not expressly exempted by the
present tax. The taxation of the property covered
by the proposed bills and it's consideration in fix
ing the value of real estate are practicable through
local assessors.