The Saint Paul globe., 1904-10-24

- ~ FL ~ y q "a I = ~ N
OF MINNESOTA.
Hon. Peter e. Hanson, Secretary OF
State-Sir: Pursuant to Chapter l57
Of the General Laws of 1887 | here
with file in your Office synopses Of
Amendments to the Constitution of
the State of Minnesota, as proposed by
the General Laws of the State of Min
nesota enacted at the General Session
of the Legislature in 1903, and an
act involving the taxation OF railroad
property, being Chapter 253, General
Laws 1903, to be submitted to the yot-
ers of the state for adoption or reJec-
ton at the next general election.
Yours respectfully,
w. J. DONAHOWER,
Attorney General.
Synopses of Amendments to the Con.
stitution of thel State of Minnesota
Proposed by the Legislature OF the
State of Minnesota at the General
Session in 1908, 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 (a) of Article of the Constitution; the
18th, 1903, known as Chapter 25S of the
General Laws of 1908, present TO the eiec,
tors of the state for rejection or approval
the following, to wit:
Section 1. Every railroad company
owning or operating any line OF railway
situated within, or partly Wltnln, lhls
state shall during the year 1900, ana an
nually thereafter pay into the treasury OF
this state in lieu OF atl taxes aila H.
ments upon all property within this state.
owned or operated for railway purposes
by such company, including equipHtaeh.'
appurtenanceS, appendages and iran
cfises thereof sum or money equal TO
four (4) per cent of the gross earnings de.
rived from the operation OF such Hne OF
railway within this state; and the anhuai
payment of Sucn sum shall pc IN IuIi anu
in lieu Of all other taxes and assessments
upon the property and franchises so
taxed The lands acquired by puoHc
grant shall be and remain exempt from
taxation until sold or contraetea 10 De
sold. or conveyed, as provided in the re-
spective acts whereby such grants "eie
made or recognized.
Sec 2 The term ''the gross earnings
derived from the operat ton OF sucn nne OF
ra jivay within this state, as used IN sec
tioT / of this act, Is hereby declared ana
shall be construed to mean, all earnings
on business beginning and ending Witaln
this state and proportion, based upon
fia proportion Of the mileage within the
state TO the entire mileage over Wnlcn
such business Is done, of earnings on al
Interstate business passing through INTO
or ont of the state
Sec All acts and parts OF acts not
Inconsistent herewith regulating the pay
ment collection, time OF payment en-
foreement or reports inyoIVins ;r.lrS enS
amount of taxes upon the gross earnings
of railroad companies within this stare,
OF oaynent pentt'of Of such taxes. are here
fsr IS may be; and all acts and parts of
acts inconsistent with this act are nerepy
repealed.
Sec Upon failure to pay ;,,dn the taa AMOUNT 9aae
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. 81 Before any railroad company
shall be heard to contest or continue
to contest the validity of this act or any
mart thereof. such railroad company shall
ss e 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 e. This act shall be submitted to
the people Of this state for their approval
mr. rejection at the next general election
for the year 1904. -. (The omitted
provisions refer to the method Of print
ing the ballot and submitting this act
for ratihcation.)
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-
yided 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 a civil action brought in the name
of the State of Minnesota in any coun-
tv 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 its gross earnings, is by destraint
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-
ton of such taxes, proposed by this
amendment, will, il 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 Constitution
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
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