Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1905-03-29

OF LITIGATION
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 In
necessary inconvenience. to the
State.


Attorney General Sturdeyant OPP
posed the railroads yesterday before
the senate judiciary committee during
the hearing Of the bill providing thar
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.
formidable array of lesal talent
was present to discuss the BILL the
attorneys and lobbyists for the com
panies including Thomas II. Gill. Wis
consin Central; Burton Hanson, Mil
waukee road; L. NJ, Hyzer, Chicago &
Northwestern, and Long John" Muir
ply Of the Great Northern.
The bill provides that all the y
suits brought by the railroads against
the state be removed from the seven
courts in which the actions have been
started AMI be tried in the Dane coun-
ty court The suits are the out
growth OF the adoption of the al
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 to 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 to 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 whore 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 coUn,
ties where the lines have their prop
erty.
"As to the ultimate outcome it will
case will ever go to trial" said Attor-
ney Hyzer
Following Mr. Hyzer's staten ent
that only one of the IS 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 no
formal argument, but asked an occa,
sional question.
After the railroad attorneys had
finished their arguments Attorney
General Sturdevant said that the ac-
tions brought against the state wer=
By the indulgence of the state. That
the state can now or at any time bring
the suits to a close by refusing to al
low the companies to prosecute.
"As the state has permitted these
suits TO be brought" said the attorney
general, 1T has the right to say where
they will be tried As to the consu-
nationality of the proposed bill there
is not the least doubt Other states
have similar bills"
The attorney general showed why
it was necessary to Try the cases ia
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
and that to have the 13 cases tried in
seve. different courts would cause
great Inconvenience and annoyance.
The committee took the III under
consideration. It is said to be likely
that II will be reported for PASSAGE