The Saint Paul globe., 1904-10-31
PROPOSED
Amendments
TO The
Constitution
OF MINNESOTA.

OF MINNESOTA.
Hon. Peter e. Hanson, Secretary OF
State-Sir:s Pursuant to Chapter 151
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 1908. and an
act involving the taxation OF railroad
property, being Chapter 253, General
Laws 1908, 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 the 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 1903 Proposing an increase
of Gross Earnings Tax Upon Rail
road Property:
Pursuant to the provisions of Section
So {a) of Article of the Constitution, the
Legislature, by an act approved April
18th, 1903, known as Chapter 253 OF the
General Laws of 1908, present to the cleo,
tors of the state for reJectlon or approVai
the following, to w.t.
Section l. Every railroad company
owning or operating any line OF railway
situated within, or partly within. this
state, shall during the year 100. ana an
nualiy thereafter pay into the treasury OF
this State in lieu of all taxes and assess
ments upon all property within this state,
owned or operated for railway purposes
by such company, including equlpnaent'
/ appurtenances appendages and iIau-
chises thereof, a sum of money equaA 10
four (49 per cent of the gross earnings oe-
rived from the operation or such iine on
railway within this state; and the an anhua1 L !
payment of sucn sum shall be in full and
In lieu Of all other taxes and assessments
upon the property and franchises SO
taxed The lands acquired by puplc
grant shall be and remain exempt rom
faxation until sold or contracted to be
sold, or conveyed as provided IN the re-
spectiye acts whereby such grants were
made or recognized.
Sec. @ The term ''the gross earnings
derived from the operation of such line OF
railway within this state" as used In sec
ton / of this act is hereby declared and
shall be construed to mean, all earnings
on business beginning and ending WITHIN
this state, and a proportion, based upon
fhe proportion of the mileage within the
state to the entire mileage over when
such business is done, of earnings on an
interstate business passing through, into
or out of the state.
Sec. 3. All acts and parts of acts not
inconsistent herewith regulating the pay
ment, collection, time OF payment, en-
forcenent or reports involving the
of abroad companies within tnia~stafa-
or providing penalties for the non non
payment Of such taxes, are mere, e.
BY made applicable e, to to- TINS ms narts acl Of Of
scts inconsistent with this act are heIeDy
Sec 4. Upon failure to pay the amount
6aretofore provided by law for the pay
ment thereof. in addition TO exlsIlng
remedies, collection may pc enIoTceu IN
. civil action brought in the name OF tne
State of Minnesota IN the aistfcl coul
OF any county.
Sec. g. 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
as a condition precedent thereto, pay into
fhe 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
to such company.
Sec 6 This act shall be submitted to
the neople of this state for their approva
or rejection at the next general ge election
DIVISIONS ror inS TsfsT to the method of print
ing the ballot and submitting this ac
for ratihcation}
This act provides for an increase II
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 foul
per cent of the gross earnings derived
from the operation Of such lines o1
railway within the state. The annual
nayment 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
eulpt 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
nv the disputed and unpaid taxes OF
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
ty thereof. The right to maintain such
civil action is in addition to existing
remedies for the collection Of the pei
centum tax upon the gross earnings o
railroads within the state The exist
ing remedy which the State of Mime
sofa may use in enforcing the paymen
by any railroad company within tht
state of any disputed and unpaid take.
upon it's gross earnings, is by destrain
of its movable property by the Stat.
Treasurer, and sale of sufficient there
of to satisfy the states claim. Thi.
new method of enforcing the collec
ton of such taxes, proposed by thi!
amendment, will, IL adopted, enable
the state to secure a speedy and direc
iudicial 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 O
the legislature must be submitted tt
the legal voters Of the state, and vii
become operative if adopted by ma
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