Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1905-03-27
STATE WANTS Thirteen SUITS
IN DANE COUNTY.
AID VALOREM TEST CASES
Railroads Prefer to Try the Suits in
Various Counties but Attorney Gen.
eraI Says 1t Would Be an Un-
necessary Inconvenience to the
State.
Madion. March "a.

MadlOn, March "a.
| Attorney General Sturdevant OPP
posed the railroads yesterday before
the senate judiciary committee during
the hearing of the bill providing that
all suits instigated against the state
! by the railroads growing out of the
ad valorem tax system must be tried
III the Dane county circuit court.
A formidable array of legal talent
was present to discuss the bill, the
attorneys and lobbyists for the com
panies including Thomas H. Gill, Wis
consin Central; Burton Hanson, Mil
Waukee road; E. NJ Hyzer Chicago &
Northwestern, and Long John" Mur-
ply of the Great Northern.
The bill provides that all the Ii
suits brought by the railroads against
the state be removed from the seven
courts in which the actions have been
lty court The suits are the out
growth of the adoption of the ad
valorem system of taxation of rail
road property. Under this system
the rail lines were obliged to pay in
to the treasury about $545,000 more
than under the old license fee method
They have brought suit ito test the
validity of the law and to prevent the
state from collecting the excess over
the amount due under the old system
Mr.. Gill, who opened for the rail
roads, intimated strongly that the bill
proposing ito remove the cases from
the courts where action has been
commenced to the Dane county court
is unconstitutional. He said that
the legislature should not interfere
with suits which are now pending
A. tOrney HyZer argued that to remove
the cases from the courts where they
have been begun is class legislation
Mr.. Hyzer said that the railroad com
panies should be given the same right
to have their cases tried in what
courts they desired as an individual
He said it was only just and right that
the cases should be tried in the coum
ties where the lines have their prop
erty.
CAS- to the ultimate outcome it viii
make little difference, as only one
case will ever go to trial." said Attor
ney HyZer.
Following Mr.. Hyzer's statement
that only one of the 13 cases will ever
be tried, Mr.. Murphy made the asser
ton that the railroads decided to try
the cases in all the courts, as There
will certainly be variety of decisions
given by the lower courts. Mr.. Han
son of the Milwaukee road made ne
formal argument, but asked an occa
sional question.
After the railroad attorneys hat
finished their arguments Attorney
General Sturdevant said that the ac
tlons brought against the state wer:
Iby the indulgence of the state Tha
the state can now or at any time bring
the suits to a close by refusing to al
low the companies to prosecute.
CAS- the state has permitted these
suits to be brought" said the attorney
general, sit has the right to say where
they will be tried. AS to the consti
nationality of the proposed bill there
have similar bills"
The attorney general showed why
it was necessary to try the cases in
the county where the capitol is locat
ed. He said that the tax commission
ers, the states principal witnesses
are located in Dane county; that the
officers of the state are in Madison
seven different courts would cause
great inconvenience and annoyance
The committee took the bill under
consideration. 1t is said to be likely
that it will be reported for passage
Monday.