The Montgomery tribune., 1901-02-22
Cookery TAKES A HAND.
He Sends q Message to the Lesisia-
ture Urging Franchise
Legislation. +
PAarYs PROMISES MUST sE MADE suup.
fhe 0ovsrass Draws the Line Beswsss
trsvsss Dssissss Comparatively ese
rhoss owsisH Psb,ie Utiiitiss. Fer.
fes.iss Psblie Services and Pssssss,ss
Special Privileges.

Thoes OwsisE Pubiic Utiiitiee. Fer.
forming Public Services and Pssssss,ps
Special Privileges.
Jefferson City. No., 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-.
uves: We are pledged to the enactment
Of Just. fair aud equitable law. impos.
Ing franchise taxation. Tho people u
the state demand. nnJ have right TO ~,
peet appropriate legislation for that pur,
pose. 1 am fully convinced that each
senator aud representative realizes The
Importance and necessity Of immediate
action to accomplish that result.
Widespread Interest In the subject nss
been awakened, and Individual prefer
ences for this or that measure might rea.
sonably be anticipated. IL is not sur
prisins. therefore. thst differences ot
opinion exist concerning Tie proper scope
% OF such La law nni a.. details TO-, 70 be aa N.
half Of the allotted time Tor tins lcgilia.
tive session las already elapsed ana tns
b - be accom- Iiished II must bo done
without further delay. therefore most
earnestly invite your it9fnediate atton.
uon to this most important matter.
In considering Iefisinuon OF thus char.
acter the difference between private bd--
lncns corporations ahd those owning pub
lie utiiitics, PERFORMING public serNlcsa
and pOBAczHiiix special anu peculiar PRIV.
AcgoA conferred upon them by tue state
or iis. Iaun,cl9aliticn. must not be oyrr.
looked. There " an Obvious dihtinc'lpn
between the cnpIactct una nature Of thu
franchise conf'ffyd upon private cor-
goraiion. formed 10 conduct an ordinaty
business cntcrpiifc. ana the nahcniad
conferred upon auasi-public corpora.
tion. The dirercnc. " not merely IA de.
sr.s ens a,so ~ KIM ,rcSn, rne,S II H. no son.
neation VI obJycin fot the purposes of
legislation. provided such clasHiiicntlon 70
a natural AMI MT merely an arbirAry
one.
private l'usln.As association receiver
from the htatn the privilege TO be a cor:
upon u. II 10 a franchise In tho gen.
efal sense OF that torn, Such a fran.
ehise howeTer. g worth Just what y
camille Embellishments may be engaged
In business. sids w side, and be oaualiy
c'gDb One may be @ Conducted BY a private cor.
poration. the other by partnership
What would u cost the latter 10 be placed
other. so far as thir franchise Is con.
ccincdg simply Tire amount OF the statu.
tory fees necessary to be paid into the
stato treasury, as u condition precedent
TO the Issuing OF the certificate OF incor.
poration. That whicl, any one may oh:
tain FOR the axking,' by the payment VI
n certain sum into the treasury. can only
be worth what it will cost to duplicate IT,
I refer, of cOIrHs, only to the franchise
city OF the corporation. which is faxed
under prcstn, laws.
II is no, ., how eyer with corporations
possessing the aiiyilcge OF using tho pub.
lie streets, exercising the right of eminent
domain. nctlng MS common carriers. re.
ss amer ad pSiie seS nayiesn so and ' fpSe,lss
under the peimi,sion Of the state and iis
municipaiiies franchiHos OF this latter
merely merely @to % Ls ~ = Sorporn,ion., % s such . spe.
the iansibis prop.tis OF the corporate
has a real. rubslaniiai value Whatever
adds to tho value Of property upon the
market should enter into the estimate q
caaoa tho right or privilege "of being a
corporation that should be taxed lwhlsh
poration, and can be Obtained by tho
proper number OF citizens at any timcJ,
but tho special privilege OF exercising
Ss sSS masnsihS nSSS,S Public bs" ssss aS' proper"
IL the mere right TO be "A corporation
In not taxed. either hn case OF private cor
but only the special franchises and priv.
iegcs enjoyed by the latter, Il certainly
m sinn he' made @ % sTsi, % psiyiieses @ or aran.
chises are valuable. nnd although intansi.
lion rhomn. shsrxood. tho s.o:ot
Justice OF ,hs supreme court OF Missouri.
pronounced tho unanimous opinion OF tnpi
recently deeiied, and therein clearly
points out tho distinction between private
corporatiors and thono possessing peeu.
mar and special p,iSyiissss and nd. s.Ssrsisias
rules can be properly applied 10 these dii.
ferent ciasses of corporations.
As heretofore rugsetied, II neither !,
Span % n,w i've rnan % the p.sns,bc So'posa ppsa
erty posaesHcd by II. there can not be any
Hmless re ,a 'n. ,he, ,as hns.a nsr., mnon
value Is 70 be in,poied II should be lps.,
s nsi,s caron,n,ons ns'pr from prSPS,S %s,cS ,S S'
value Of thu capita. stock OF such corpor.
euops ~ snrs, ,ar, nspse ,,ssr ssn,,n.d thu, IN.
sum required TO be raid at the orsaniIa;,
securing. the certificate OF incorporation
cnrporats risht TO esist. hui II Il 1T Il Is S,' de-