Mower County transcript., 1903-01-14

upon the general ballot, which led to
oversight and confusion on the part OF
the voters; and from the further fact
that great doubt existed in the minds
OF the electors whether the measure
as submitted did increase the revenue
or not. This result suggests most EN-.
phatlcally that some plan should be de.
Vlsed which will require electors to
give attention to measures requiring
ratification and to proposed constitu.
tional amendments. To meet the diff.
fculty referred to I would suggest a
plan, to which l am advised there is
no legal objection, and I submit the
same for your careful consideration.
It is to so amend existing laws that
each proposed constitutional amend.
ment or measure requiring ratifica-
ton be placed upon a separate ballot,
and that such ballot upon being voted,
if deemed necessary, be placed by the
judges of election in separate ballot
box. This plan seems to be feasible
and / believe would effectively meet
the difficulty referred to.
WOULD REsUBMlT TAX
COMMISSION PROPOSAL.
At the last general session a. law was
passed providing for tax commission
whose duty it was to frame tax code
for our state, and also to prepare a
bill or bills providing for necessary
constitutional amendments. Pursuant
thereto commission was duly ap.
pointed, which commission made it's
report and presented a proposed tax
code for consideration by the legisla'
ture. The commission reported that
owing to constitutional limitations it
was very much hampered and restrict
ed in the preparation of the code pro
posed. At the extra session, called
Immediately after the fling of the
report of the commission, and afte1
the most thorough consideration of the
subject matter, it was deemed wise tc
present to the people of our state fol-
adoption or rejection at the next gen
eral election certain proposed amend
ment to the constitution. The saiu
amendment was submitted to the cleo
tors of the state at the election held
on the 4th day of November last, and
owing to failure on the part of the
voters to vote upon the proposed
amendment the same failed to receive
the majority provided for by the con
stitution and was lost. The proposed
amendment, if the same had been
adopted and ratified by the voters OF
the state, would have removed many
of the restrictions of which the tax
commission complained, and woulN
have enabled the legislature to pass
many tax measures which seemed to
be imperative and required under gu
listing conditions.
] earnestly recommend that you pro.
vide for the resubmission to the peopl:
of the amendment as submitted at the
last election. Should such proposed
amendment be submitted to the people
and be- adopted and ratified, the door
would then be open for new methods
OF taxation. Under such conditions
the legislature would be enabled to
pass a graduated income tax; also a
registry tax on all mortgages; tax
on franchises, and if desired, to pro.
vide for a gross earnings system as to
public service corporations in lieu OF
direct taxation In word it would
permit tax reform and all property in
the state could be brought under equal
and uniform taxation.
FIGHT AGAINST NORTHERN
SECURITIES COMPANY.
In November, 1901, a corporation
called the Northern Securities com.
pany was organized under the laws oil
New Jersey by certain stockholders OF
the Great Northern and Northern Pa.
cific Railway companies, for the pur'
pose of acquiring the capital stock OF
those two companies; thus effecting a
consolidation of the property and
franchises of these two competing
lines of railway in this state, in viola.
ton Of the laws of Minnesota.
The attorney general retained spe.
cial counsel to assist him in enforcing
the laws of this state and preventing
such consolidation. An application
was made on behalf of the state to
bring this suit in the supreme court.
for the reason that the Northern Sc.
curities company was a New Jersey
corporation, and it was questionable
whether or not jurisdiction could be
obtained over such corporation in this
state. Owing to peculiar conditions:
this application was denied, and short
ly after that suit was begun in the
district court Of Ramsey county, and
an effort made to acquire jurisdiction
over the Northern Securities company.
The Northern Securities company and
the two railway companies involved
then made an application to remove
this suit to the federal court, filed an
affidavit that the company did not own
any property situated in Minnesota
| and was not doing business therein,
and an order was made transferring
the suit to the federal court, where
it is now being piesseu.
/ Before acquiescing to the removal
to the federal court the attorney gen.
eral and his associates became con:
| vinced that it would be very doubtful
| if jurisdiction could be obtained over
the Northern Securities company in
| the state court, owing to the fact that
our statutes made. no provision for
service upon a foreign corporation,
| where such corporation has not ap.
pointed an agent within the state upon
whom such service could be made and
| for the further reason that, the North
ern Securities company was not doing
business in Minnesota. 81.
] have been Informed by counsel for
the state that prior to 1899 we had on
our statute books an act which would
enable the state to have made service
Il