The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1904-10-29

Laws 1908, to be submitted to the VOt-
ers of the state for adoption or rejec'
ton at the next general election.
W. J. DoNAHowER.
Attorney General.
synopses Of Amendments to the Con-
stitution Of the State Of Minnesota
Proposed by the Legislature Of the
State Of Minnesota at the General
Session in 1908, as Welt as Synop:
sis Of Chapter 253 Of the General
Laws Of 1908 Proposing an Increase
Of Gross Earnings Tax Upon Rail-
road Property:
Pursuant to the provisions of Section
80 (a) of Article of the Constitution the
Legislature, by an act approved Aprll
General Laws of 1903, present to the cleo,
tors of the state for rejection or approval
the following, to wit:
owning or operating any line Of railway
situated within, or partly Witnin, TINS
state, shall during the year 1900 and an
nually thereafter pay into the treasury OF
ments upon all property within this state
owned or operated for railway purposes
by such company, including equipment.
chises thereof a sum of money equal to
four "a per cent of the gross earnings de-
rived from the operation Of such line OF
railway within this state; and the annua!
payment of sucn sum shall be in full and
in lieu of all other taxes and assessments
upon the property and franchises s.; so
taxed. The lands acquired by public
taxation until sold or contracted to 10
sold, or conveyed. as provided in the re-
spective acts whereby. such grants were
Sec. = The term "t4e gross earnings
derived from the opera ton of such line OF
railway within this state as used In Sec
ton 1 of this act. is hereby declared and
shall be construed to mean, all earnings
on business beginning and ending witnin
this state, and proportion, based upon
the proportion Of the mileage within the
such business is done, Of earnings. on all
interstate business passing through, INTO
or out of the state.
Sec. 3. All acts and parts OF acts not
inconsistent herewith regulating the pay
forcement or reports involving the
amount Of taxes upon the gross earnings
or providing penalties for the non
payment of such taxes, are here
by made applicable, to this, act SO
far as may be: and an acts ana a. paris hb o..
repealed.
Sec. 4. Upon failure to pay the amount
of such taxes legally due upon the date
ment thereof. In addition to existing
remedies, collection may be enforced In
a civil action brought in the name Of the
State Of Minnesota in the district court
Sec. 5. Before any railroad company
shall be heard to contest or continue
to contest the validity Of this act or any
part thereof. such railroad company shall
as a condition precedent thereto, pay into
the treasury Of the State of Minnesota,
the amount of taxes due or payable
exs9n s1f tax laws Of this Stale
to such company.
Sec 6. This act, shall be submitted to
the people of this state for their approval
for the year 1904. (The omitted
provisions refer to the method of print
ing the ballot and submitting this act
for ratifcation.)
This act provides for an increase in
the amount of taxes collected by the
state upon the property of the rail.
roads situated within the state from
three per cent of the gross earnings
derived from the operation of railways
within the state to a sum equal to four
per cent of the gross earnings derived
from the operation of such lines of
railway within the state. The annual
payment of such sum shall be in full
and in lie uof all other taxes and as.
sessments upon the property so taxed.
The lands acquired by public grant
shall be and remain as heretofore ex.
empt from taxation until sold or con.
tracted to be sold or conveyed, as pro.
vided in said acts where such grants
were recognized.
Provision is made in this act where.
by the disputed and unpaid taxes on
the gross earnings of any railway com.
pany within the state may be collected
by q civil action brought in the name
of the State of Minnesota In any coun.
ty thereof. The right to maintain such
civil action is in addition to existing
remedies for the collection of the per
centum tax upon the gross earnings of
railroads within the state. The exist.
ing remedy which the State of Mime.
sofa may use in enforcing the payment
by any railroad company within the
upon its gross earnings, is by destraint
Treasurer, and sale of sufficient there.
Of to satisfy the states claim. This
new method of enforcing the collec,
L1OA VI QUILL Se%AOos P1oPOoCu Wy Ills
amendment, will, If adopted, enable
the state to secure a speedy and direct
judicial determination Of the liability
of any such railway company for dis.
puted and unpaid items of gross earn.
. ings taxes. - ~.
Under the terms of the Constitutic7
of the State of Minnesota this act OF
the legislature must be submitted to
the legal voters of the state, and will
become operative If adopted by a ma.
jority of the electors voting at the
next. general election. ~ r. 49,;
III. --.S l.sx@ .--.s- !
BY an act of the Legislature Of the
State of Minnesota. approved March 3rd
1903, known as Chapter Is Of the Gen
eral Laws Of Minnesota of 1903. the
Same being House File No. 4. It L. pro.
posed 70 amend Section 8 q Article I