Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1905-09-06
BACK TAX CASES
IN CIRCUIT COURT
JUDGE STEVENS LISTENS TO
MANY ARGUMENTS.
DEMAND DEFINITE CLAIM
Railroads Want State to Amend Com
plant Setting Forth Exactly
How Mu,h Money Is Alleged to Be
Due-Som, nc.endants Propose
Multiplication of Gases.
Madison. Aug. 80.

Madison. Aug. 80.
The back tax" cases brought by
the state against the several rail
road corporations operating in Wis
consin, to compel them to pay to the
state Of their gross earnings, were be-
fore Judge Stevens in the circuit
court yesterday afternoon on mo-
ton to show cause. The state filed
the summons and complaints recent,
ly aud after looking over the allega-
lions the companies Immediately filed
a motion to show cause, requiring the
state TO make more definite com
plant This motion was argued yes
terday but not completed
The ''ad valorem" cases VIII occupy
the court today.
Some of the railroads want the
state to bring a separate action for
each year covered by an alleged false
report This would make as many
cases against each separate company
as there We're reports fled, for in the
penalty" litigation, the trial court
rendered a decision holding that the
roads never filed 3 report that was
not false and fraudulent" The state
brought suit against five companies,
one case against each company, each
case covering all the reports made by
one company. The intention was not
TO multiply litigation, but to take the
controversy to the court of last resort
and secure a judicial determination of
the matter as expeditiously as prac-
ticable. Judge Thomas Wilson, who
represents the Omaha road. contend
cd for an extension of time IN which
to make answer for his road. IN this
he was not In perfect agreement with
the other companies, desiring not to
join with them in his motion, bat
making it merely for his company
alone. Judge Stevens did not hold
with the attorney
The railroads seem to want to de-
lay tho matter. They want the state
to come into court with an explicit
claim. ready calculated and represent
ed by exact figures The state simply
made the allegation ia the complaint
that the roads had made incomplete
and false reports Of their gross earn
ings, upon which reprots they were
taxed under the cid license fee sys-
! rem. The state has established this
much in the penalty" cases, which
! Judge Stevens has decided in favor
of the state. The prayer Of the state
in the back tax" cases is that the
companies be ordered to produce
their books so that the court may
cause a thorough accounting and ex-
animation 10 oe made so that the ex-
act sum still due The state may be as
eertained accurately by order of the
court and not be subject to trial to
test its accuracy, The companies,
however, demand, before they make
answer to the states complaint, that
an amended and supplementary com
plant be required cf the complaining
commonwealth, which shall set forth
in detail precisely how much money
is alleged TO oe tue BY reason Of the
inaccurate and fraudulent" reports
OF gross earnings Some of tho roads
even go SO far as to demand that a
separate lawsuit be required 10 be
brought for each report filed.
Lloyd w Bowers, attorney for the
Chicago g. Northwestern TOAD, in his
argument 10 the court stated that II Is
Iorlional with the state to bring %
separate suits or only one action. Re
/ doubted the ccnstltutionality of the
law passed by the last legislature,
holding the Northwestern liable for
4 back taxes in 1884. $50 or 1890.
IF the Northwestern did not pay
the required license fee semi-annually
/ in 1884, why did net the state then
begin suito" asked Mr. Bowers
On the assumption that the state
has cause for action Mr. Bowers
asked why the state did not start
SEPARATE action for each for 20 years
back. lie said he hoped that the
state ala not fail 10 start separate
action for the sake Of little extra
/ typcwrtIng and added.
If this motion is denied will
show to the court what hardship is
worked upon us for the sake Of
small expense for lypewriting BY the
/ state Of Wisconsin"
! c. II. Van Alstine spoke in behalf
|of the Milwaukee rca1. Attorney
General Sturdevaut and II w Chy-
noweth appeared fer the state The
arguments will be concluded this
morning.