Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1903-10-09

such other office or purpose or in
tention can be anything except 10
make the right appurtenant to the
lots conveyed.
Easement Not an Element Of Value.
But the instrument in question con-
tainS other provisions which seem
to be wholly inconsistent with any
covenant or intention to make such
right appurtenant to the lots con-
veyed. 1t is expressly stipulated that
the power to be supplied by the
grantor shall be furnished and de-
livered lin any mill, manufacturing
plant or other industry which said
grantee, its successor or assigns may
acquire, build or establish on said
lots and OF any other point or
place within the corporate limits of
said CITY," This is followed by pro-
visions clearly comforting upon the
Milling company the right to change
the place for the delivery of the power
from one point to another anywhere
within the city limits. The mere
| fact that the parties have attempted
| to make and to treat the granted
| power. right or easement, as a thing
appurtenant to the lots conveyed,
cannot be held to destroy or take
away the right SO clearly and I'M
mistakably expressed, to have the
| rn In1t of MI nr
places the grantee may from time to
time elect to have the same delivered.
If this latter right exists and is bind
ing upon the grantor, the Power
company, we cannot escape the con-
cluSion that the right to receive the
power is not appurtenant to the lots
conveyed is san easement in grOSS-a
mere personal right" Spensley ".
Valentine, 81 Wis. 154, 160. If this
view is correct it follows, of course,
that such right Or easement cannot
be consired as an element of value in
the assessment of the lots.
Is Personal Right, Personal Property
We are next confronted with the
question whether such easement or
personal right is subject to assess
ment as personal property. Section
l of Article VIII of the state constitu-
tion declares that "taXeS shall be
levied upon such property as the
legislature shall prescribe" Under
this authority the legislature has
prescribed that "taxes shall be levied
upon all property in this state except
such as Is exempted therefrom.s
Section 1924, Statute 1898. This
statutory provision must, however, be
read in connection with the defni-
tions of property contained in sections
1885 and 1896. In such definitions it
is declared that "the term personal
property shall be construed to mean
and include all debts due from solvent
debtors and all chattels and effects, of
any nature or description, having any
real or marketable value, and not
! included in the term real property +"
as defined in section 1885. Reading
the foregoing provisions together we
are constrained to the view that not
withstanding the sweeping provision
in section 1884, nothing can be subject
to assessment as personal property
unless it fairly comes within the
| definition as set forth in section 1896;
and we think it must be conceded
that the easement or personal right
in question is not within such defini-
tion unless covered by the terms
'debts". ''chattels" or "effects" as
used in the extract quoted above.
The meaning of the word "debt" as
used in section 1896 has been considered
in the pamphlet of instructions to
assessing officers issued from this
office in 1902, pages 1916. According
to the rule there laid down obligation
of the Power company to the Milling
company as stated in the instrument
under consideration can hardly be
regarded as a ''debt" for purposes of
taxation. And we are inclined to the
opinion that the words "chattels" and
"effects" as used in the statute must
be construed as referring to and mean
| ing things corporal and tangible
rather than more incorporeal rights.
| Otherwise these terms would include
i personal rights of action Of every
nature ''having any real or market
able value" not constituting ''debt. F"
In the practical administration of tie
assessment laws, SO far as we have
knowledge, it has never been at
tempted to include in the assessment
any of the great multitude and infinite
variety Of personal demands Oh chooses
IN action arising out of business
transactions and other relations OF
men not constituting ''debt" in the
strict meaning of that term There
would seem to be an exception in the
case OF shares Of stock in corporations;
but such shares are expressly declared
to be personal property by other pro-
visions of statute section l751), are
recognized as a species of property
subject to taxation when not expressly
exempt section 1898, subd. q, and
have been judicially declared to be a
species of debt for purposes of
taxation. Ruggles V. Fond du Lac,
SO Wis. 43e,
n