The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-04-29

coy Ter review ~ tne Cyyui~ " e'f,H
"fss 8. sS:n thss !. in 2.
paid Hy see 9wns,r q. Of spsS ss esSSSd
p % psss and s9smPted the tsSS iss prssy
s.sss s N Rns sSs s sDses :nS sss
's;: :, S;$; )! s:.is"J
s,sSTs ohDS TSSs.'f nature or
4S heal stssS: .so sid 2 &c
was passed which we're e1.raSrdna G;y.s snS
main object, the act deal, with special fran ran
Propsity unHnoSn as The ssbjes. Of tsxstion
to the trainers Of any Of our Constisnw ntrnd
w bro.sh, into The sysem nns tSe teSersse
Of functions which had never belonged 70
The property was SUI generic and from
Qhcers. Unless II escaped taxation n tne
oom az t had bD IN tss Sess
opportunities for observation who, would b
s's xSeis a'R sn :ho Sf not sept =
terms valuation" or -assessment a. sne
cam 5. done shS % that b, should
pare the intrinsic nature OF the functions
sas ~ by The local 70 tnts
70 sns Board MaSf o ssS
property. Which 'e could BE- seen and was open
tss Of STdbsr 3, Sr
II was their habit TO measure. weigh and
count; 70 learn the market value from current
property which they were accustomed 70
own, rent or use and with which they were
familiar In their theft, daily life hey . nav i;
was before their eyes. and they could aSt upon
II directly. without resort to complicated
computations.
DANGER IN TAXATION ut LOCAL ofFIcIALs.r
On The Other hand the valuation Of sesSs
for tie exercise o. new and d fisren. functions
WEIGHED or Counted. They were speciaitiss
and had no market value There were no
to Ssde And 70
but not IN reality. Tor i is'a nero privilege
not 90 pefmit,sd 70 citizens seneray While
local in narrow sense. u Gnconi'ned IN
with no. means OF determining the amount
The value depends upon so many oendi-.
,iGas o rrds1Tsm,'y N co STa pics
cannot be safely intrusted to men OF CONF
mon knowledge and experience.
taxaiion could threaten the vast interests
involved than 70 intrust this important sub
o st them 70 sns fpG ray Be- not only 10 pro-
tect their own localities at the expense OF
others, but 10 oppress eorporations and favor
tributed equally, for each local bonrd would
have its oTp me,h0d .nd theSSry no ona
Con IN aim would result
4 wider View different kind Of Judgment.
q balancing Of localities and figures. an ad-
exercise Of functions not local In nature were
required to meet the. situation. As We said
The ca pacity and intelligence q the average
assessor to say that IL would present to him
pr9seT bic q sceg1pss N a ss
cfflcial duty impossible In practice"
VALUE or THE PnAScHisE.' -
The Legislature also brought in as an
essential part OF the system. some tangible
S SSs %s. f s!oesa Ts:
II % the Sss aH aSca na se
unf Ss r %ise m h
propsrty in the rails to run the cars on Is %
Intimate as TO be inse parable In any practi.
Ss s .yfS q sans a.. .9an shSs
in the street. Without o special franchise 70
use them to carry electricity or send the
What Is properly worth when made for /.
%h:s "a sf and n ps f
way as TO Be legally q part Of Il without.
special iTanchss g glaO' and use them there
All the mains and pipes. poles and wires,
rails and ties OF the REALTORS. when separated
thsr c1 Sd have Their v on
connection with the franchise, and. hence,
OF The Franchise they are. worth something,
bp! svsIed it, nSaiS9s To sneak should
forfeit pp Z. special iranShiss BY Vic ion o.
the grant; what would It's rails and ties be
WORTH They would ooase 90 exist as rails
old material and even the title would vest In
the owner OF the fee. The expense OF sradinR,
SSr N p sne RS
cost, would cease to be an Investment and
would be propeIty no 1 iSn,n,sr o,,,nc .,ocn,
for railroad purposes. aud q railroad cannot
occupy q street without a special franchise.
&. 's s snd they Sy de
a distineuishsd from so much old wood and
'.G Taking the broad and ps.st!esl view Of
the subject, which the Legislature had the
S ss s e take !. Value si new wo s
notice, except through. the actual and con-
slant use made OF them a. incidental TO the
special franchises. The value Of either re-
sides in the union OF both and can be practi-
caly ascertained only by treating them as
Unless assessed together both cannot be
adequately asseesed 4 man Of judgment,
In valuinG a wagon, and especially In esu-
mating its earning capacity, does not pass
upon the body. wheels, top and tongue sep
arstely. We regard the tangible property
as an inseparable part OF the special fran
chises mentioned In the statute. constituting
with them q new entity. which % going con-
oern can neither be assessed nor sold 20 adj
vantage, except as one thing. single and
entire.
WHY NOT A LOCAL FUNCTION.
The function OF assessing epecial fra nchise
does not in is nature belong to a county. city
town or village, for II has never been exer-
cjscd by officers Of such localities. hut tn the
state, BY which Il h now exercised for the
character. and home rule applies only to
functions peculiar TO localities. II was
Unknown to our forefa theirs, who brought
over primitive home rule. to the colonists
who preserved or IN the founders Of the
State who developed H. IL n nc. part Of local
self.Royernment as known e. hist Dry. Or 10
rule in the past ibid not come within the
templ"tsd by the FARMERS Of our Consultations,
control. but this 10 not local In intrinsic
not confned 10 the !fdiA Of one community
Whiis acme enecinl franchises are within