The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1904-11-05


stitution of the State of Minnesota
Proposed by the Legislature OF the
State of Minnesota at the General
Session in 19o3 as Well 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 l;) OF Article of the Constitutions the
Legislature, by an act approved April
1>tn 1903, known as Chapter 253 OF the
General Laws of 1903, present to the cleo
tors Of the state for rejection or approval
Section /. Every railroad company
owning or operating any line OF rallWay
state, shall during the year 1903, and an
nually thereafter pay into the treasury OF
this state in lieu of all taxes and assess
ments upon all property within TINS st.te:
by such company, including equipment,
;sppurtenances, append;ges and fran
ch:Ses thereof, sum OF money equal to
four 81 per cent Of the gross earnings dc,
rived from the operation Of such line OF
railway within this state; and the annual
payment Of sucn sum shall be i'm full and
upon the property and franchises so
taxed. The lands acquired b. public
grant shall be and remain exempt from
taxation until sold or CONTRACTED to be
sold, or conveyed; as provided in the re-
spective acts whereby such grants were
Sec. 9 The term the gross earnlnss
derived from the operation of such line of
railway within this state. as used IN sec
ton 1 Of this act is hereby DECLARED mi
shall be construed to mean, all earnings
on business beginning and ending Witnn
: this state, and a proportion, based upon
the proportion Of the mileage WITHIN the
state to the entire mileage over winch
such business is done. of earnings on all
interstate business passing through, into
or out of the state.
Sec 8 All acts and parts Of acts not
inconsistent herewith regulating the pay
ment collection, time of payment, en-
forcement or reports Involving tho
amount of taxes upon the gross t1rn1rgs
of railroad companies Wltoln TINS state
paym nen Of such taxes, are here-
by made applicable to this act 50
far as may Ee; and all acts and parts of
acts inconsistent with this act are hereby
Sec. 4. Upon failure to pay the amount
of such taxes legally due unon the date
heretofore provided by law for the pay
ment thereof. in addition to existing
remedies collection may be enforced in
civil action brought in the name Of the
State of Minnesota in the district court
of any county.
Sec < 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
from such railroad company under the
existing tax laws of this state applicable
Sec g. This act shall be submitted to
the people Of this state for their approval
or rejection at tod the next ge1aTal
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 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
sessmcnts 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.
Vlu0u Ill SdlQ dClo W lSI6 SuCu 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 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
state of any disputed and unpaid taxes
upon it's gross earnings, is by de5traint
of it's movable property by the State
Treasurer, and sale of sufficient there
of to satisfy the states claim. This
new method of enforcing the collec
tion of such taxes, proposed by this
amendment, will, if adopted, enable
the state to secure 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 Constitutic~
Of the State of Minnesota this act OF
the legislature must be submitted tc
4he legal voters of the state, and will
become operative if adopted by ma
jority of the electors voting at the
next general election. u.
II. N- -. -
BY an act Of the legislature of the
State of Minnesota. approved March 3rd
eral Laws of Mimi of 1903. thu
IS same being House File No. 4. tt is pro
& posed to amend Section IS OF Article