Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1901-02-21
DO1kERY TAXES 4 HIND.
He Sends a Message to the Legislas
ture Urging Franchise
Legislation.
PARTY's PROMISES MUST Be MADE 5000.
The Governor Draws the Line
Private Business Corporations ana
Those Owning Public Utilities, Per-
forming Public Services and Possessing
Special Privileges.

Private Business Corporations and
Those Owning Public Utilities, Per-
forming Public Services and Possessing
Special Privileges.
Jefferson City. Mo-, Feb. 13.-Gov. A.
NJ. Dockery sent the following mes
sage to the general assembly on the
subject of franchise legislation:
To the Senate and House of Representa-
tives: We are pledged to the enactinent
of a Just, fair and equitable law, impos-
ing franchise taxation. The people OF
the state demand, and have a right TO tx
pect appropriate Legislation for that pur-
pose. l am fully convinced that each
senator and representative realizes the
Importance and necessity Of immediate
action to that result.
Widespread interest III the subject mas
been awakened, and individual prefer
ences for this or that measure mlgnt rea-
sonably be anticipated 1t is not sur
prising, therefore, that differences OF
opinion exist concerning the proper Scoops
or such a law and the details to pc IN
serted in the dill. But more than one
hall of the allotted time Tor this legisia-
tive session has already elapsed ana tne
time for action mas arrived. IL any t adiS
is to be accomplished IT must pc done
without further delay. L therefore Most
earnestly invite your immediate atten-
tlon TO this most important matter,
In CONSIDERING legislation of this char
acter the difference between private DIS
mess corporations and those oWhinS Puo-
lie utilities, perIUlm ming puDilc services
and possessing special and pecullaf PRIV
iieges. conferred upon them by the state
or It's municipalities, must not pc oscA-
looked. There is an obvious DISTINCTION
| petWeen the character ana nature oA ens
Franchise conferred upon a private cor
poration, formed to conduct an ordinary
business enterprise, ana the 1larnoCndhaaa
| conferred upon II q~uasl-pueLc cotpota "a
lion. The difference is not merely In ue-
gree. but also in kind. There IS no CON
| stitutionaI obstacle 10 prevent the cldS9ie
nca1ion of objects fol- the purposes u
iegtslation, provided such classification IS
a natural and not merely an afnlltAAS
one. raoa;xas
from the state the privilege ito be a cor,
poration.' This Is ali that is conferred
erraI sense of tina, term. Such a fran
chise. however. IS worth just WHAT II
would cost TO Iellicorporate he Eco
in business, side by side. and be equally
prosperous and possess the same eapltan'
ooorstion. the other by a partnership;
What would it cost the latter to be placeo
upon precisely the fb, same fran eiane is ,on-
cerned? Simply the amount of the statu-
tory fees necessary to be pa1d mt od tnt
to the Issuing of the certificate of 1ncor-
poration. That which, any, one may OBJ,
a a certain sum into the treasury. can only
be worth what it will cost to dupLcaIs ~
j refer, of course, only TO tRe tha nron.
grant of The corporation, which is taxed
under present laws. s
possessing the privilege of using the pup,
lie streets, exercising the right OF enllllen
domain, ACTING as com td11o a GaFr perforre
ing other public services and functlous
under the permission OF the state ana ~,
municipalities. Franchises or TINS idt-el
natnre are vastly different from ina
merely ito he IA corporation. Sucn soe
cial privileges add greatly TO Inc nrn vaid tio y
and constitute intangible property WIlcl
has a real, substantial value. Wnateue
market should enter into the estimate Q
its value for taxation: II Is not Ia su u
ccaaSSporation@ that should b. taxed (Which
is all that is conferred upon a pT1Vaee t =
poration, and can be obtained U 1--WE "a
proper number of citizens at any Time
but the special privilege OF eGerGas,r
public functions, using pubic propert
and managing public utilities.
I IF the mere right 'to be a corporation
&c not taxed, either in case of private cor
porations or Of Quasi PUBIC ppOd nriVi
ieges enjoyed by the latter, it certainl
can not be claimeI that any dlscrlni. ns
chises are valuable, and although intanisl
bic, constitute ''propeLty. .ha CONF
Hon. Thomas A. th M,sSnnr
pronounced the unanimous OPINION OF DE III
court in the case Of the Associates cIasrS
TENTS gu. the distinction between privat
:, cornoratiors and those possessing pect
, liar and special privileges and exerclsIn
n Ia functions and shows that diffefer
rules can be properly applied TO these aL
ferent classes OF corporationsS nei+bar
taxed upon the right TO be a eorposs
lion" but only upon the intangible prol
erty possessed by ~, theT IS q seems Their
fore clear to me that II a tax oaseu upo
l value is to be IMPOSED II SaoG nronertY
om 81 nubiic corporations, from which T.
. value of the capital stock OF such coip"
atoms in large measure arises. =,
It has heretofore been assumed that Il
s1n, REQUIRED 20 be paid at the organl"'
tion of a corporation for the purpose
sennring the certificate of Incorporate
MAS sufficient compensation for the me
corporate right 70 exist. Buf II II rS q
generations. in addition to the taxes "a
i, mon their property, it should pc aeng
: a Separate measure and upon a olLIeIe
nr;nciDle entirely from an assessment u
ppn a franchise valuation. and snould
in the form of a sPeclaI an atian q -
s. o. this kind should not be conIounSI
q with an assessment up4n spec]i intapp9ir
s nroneTiV and have a real substanti
EdiGe view therefore, of the commando
,mnortance of this subject, I renew =
assurances that / will earnestly cooper
20 with you to SECURE Inc fn fn 4 meet t
II aexnectations of the people, and at I
- same time deal justly with the great &C
porate interests " a M. DOCKERY
Executive Office, City of JEFFERSON re
ruary 13. 1901 +ha s,bie
Gov. Dockery's idea on the suDJs
II of franchise legislation was presehS
1T to the house and senate ways a
10 means committees tonight IN '
form a bill drawn along the III
of the message he submitted TO !
LEGISLATURE. The governor appear
ty hafore the two committees In pers
upon invitation.
Daily Bank and Trass Co.