The Dawson news. (Dawson, Ga.) 1889-current, 1903-04-22

Some time since attorneys repre-
senting the street car interests or 20
lumbus met similar attorneys OF the
Augusta, Macon. Atlanta and SaVan-
nah street railways in Atlanta anu
held a conference to ascertain II
there was any constitutional ground
on which 10 fight the collection OF the
franchise tax passed by the general
assembly last fall, and if they conclud-
ed there was not after looking into the
law then to confer with the comptroll-
er-general as to the best means OF as
pertaining the values OF the franchises
SAYS the Columbus Ledger
These attorneys refused to give out
any conclusion reached by them, but
as the comptroller general says they
never conferred with him the conclu-
sion was jumped at by some that they
must have concluded to test it's copsti-
nationality. On the other hand, re-
ports have been circulated that the
owners of public utility franchises
would not fight the collection of the
i. tax,
Tie public generally is interested
in the outcome of this franchise tax
as it is generally believed that the en-
forcement of the tax will very materl-
ally lessen the tax rate in the state
Business men in all parts OF the
state have been interested somewhat
in specializing what the United States
supreme court would decide in the
matter. Very few peoples seem to be
apprised of the fact that the supreme
court of the United States has declared
itself on this question, and the decis-
ion Enthusiastically uphOlds the right OF
a state to tax franchises, and IT the
corporations intend to test the matter
thew seem now to have but little
ground to stand on
The test was made on the Nichols
law of Ohio, which required certain
Incorporated companies doing business
in that state to file return to the state
board of assessors setting forth among
other things the number of shares OF
capital stock, the par and the market
value thereof, and when the shares
had no market value their actual value
at the date of the return; also state
ment in detail of the entire real and
personal property of the com pany,
where it was located and Its value.
The value of properties belonging
TO certain express companies doing
business in the state of Ohio was as
sessed, including both tangible and in
tangible. Bills were filed to enjoin
the collection of these taxes on the
ground that the company had no prop
erty in the state of Ohio except GER
tain horses, wagons, harness and the
like.
The questions involved were passed
upon by the United States supreme
court in the case of Adams Express
Company Us. Ohio, 155 U. S., 1874.
Chief Justice Fuller, delivering the
Opinion of the court, saws in part;
sin the complex civilization of today
a large portion of the wealth OF a com
munity consists in intangible property
and there is nothing in the nature of
things or in the limitations of the fed
eral constitution which restrains a
state from taxing at its value such in
tangible property.
lit matters not in what this intangl-
BILE property consists, whether priv
leges, corporate franchises, contr. cts
or obligations. 1t is enough that 1T is
property which, though intangible,
exists, which has value, produces IL
come and passes current in the mar
kets CT the world. To ignore this in
tangible property or to hold that it Is
rot subject to taxation at its accepted
value is to eliminate from the reach G
the taxing power large portion of tt
wealth of the country.
"What a mockery of substantial JUS