Morris tribune., 1906-10-27

/ Section l. The power of taxation shall
never be surrendered, suspended or con-
! tracted away. Taxes shah be uniform
/ upon the same class OF subjects, ana
| shall be levied ard collected for pubic
| purposes, but public burying Srounds'
public school houses, public hospitals;
| academies, colleges, universities, and al
| seminaries of learning, all chufcneS,
church property, and houses OF worship,
| institutions of purely public charity ana
| public property used exclusively LOT oily
public purpose, shall be exempt from TAX
| alton, and there may be exempted lI I'm
| taxation personal property not eAGeeullS
in value $500 for each household' , my
| vidual or head of family, as the le tS5s+
| lature may determine: PROVIDED, tIlaI
| the legislature may authorize nlulliclp&A
| corporations to levy and collect dsosa
ments for local improvements upon p5 5
erty benefited thereby Wlthout feSdld ~
! a cash valuation: and. provided further,
that nothing herein contained Shdl oI
| construed to affect, modlfy or lsPei
any existing law providing Tor tne 80 AZ ;,
ton of the gross earnings OF rahro'u9
The purpose and effect OF tns
amendment would be to Grentis
large the power of the leGisia ture
| with reference to the sHD3ec'
| taxation Section one ID as NJ NO"
| stands provides that all taxes an
| posed shall be equal--as near "~ me-
/ be-On all forms of property Hh"
property upon which tax hs
posed is required to nave q s,,nut
VALUATION equaliZed throusho"'
the state.
Section two as it now stan"s
\ ouires the legislature to levy inc
necessary taxes annually TO aeif"S
! the expenses of the state. ihat as
| the duty of the legislature Witho"'
anx constitutional direction
| Section three as it no" StaHS
/ ysges that all real and persona
1 proDerty. including MONEYS. ShhD
| IT'S and INVESTMENTS IN BONDS
/ AND STOCKS, shall be assessed az
cording to their true N"l"e ~"
| money.
Section four as it now STANDS pro
| yides that property empi"Se" 4"
! hanl;np shall be subject to tax
euual to that imposed on other
| property This is only repetiti""
| of the requirements OF >ectioAs o
and three, as no rational person
| would claim that banking capA'"
| should be exempt from taNatA"'
Section seventeen as 1t no"
i is not easy to understand, DNt - WIS
| intended bv that section to feheNe
! from the operation OF sections one
and three, above quoted proper!
! of the classes therein enUmerate"'
| so that q gross earnings TAX cO"A
be applied thereto instea" Oh "i'e'
| taxation.
owing to the
| tiOns one and three of the preseh1
| Constitution many amendments
| were from time to time added SO aa
| to permit taxes to be imposed "n
specific kinds of property olnef
| wise than upon a cash va" ~
| eaualized throughout the state. we
have among these exceptions RAN
road gross earnings taxes; munich
| Doy frontage taxes; inheritance
| taxes; and the gross earnings taAes
| authorized by said section seven
| teen.
Several exemptions from taxation
| are also provided for, but as these
| exemptionS are not changed Oy the
| proposed amendment, L will make
| no further reference TO thehi'
The amendment which. if adopted
| would take the place of all OF the
| sections and amendments above re-
| ferred to. is simple and PLAIN NO
provision of the Constitution ~
neceS~arx to authorize the I'M
| DOsitioa of the taxes necessary ZOE
! the support of the state ana lts
various 9o;itiraI subdivisions. The
mower of taxation ia 1sherent IN
! agyernneent. G.ais proposed amend
r,ent declares that this inherent
power of taxation shall never ne
surrendered, suspended OF CON
tracte.1 away; that taxes shall u"
imposed for public purposes anu
shnn he uniform ON the san" "',sS%
of subjects. S2sp&39 this amend
ment be adopted ali Droperf! OF
every kind i'm the state womb De
subject to- taxation. according 10
the method thu legislature saw fit
to adopt, provided only that the
tax was levied for "a public purpose
ama wa. uniform ON the same ella -
of subjects. Under this amendmeh emf
every tax law we now have On the
statute books would continue TO DC
valid. because under this amen0-
memt all limitations ON the power
of the legislature would be taken
away.
The adoption of this amendment
xvould as indicated repeal the So
called inheritance tax amendment,
and the gross-earninss tax amend
ment adopted in 1896 as contained
i'm said section seventeen. but an
their place this amendment would
give the legislature greater author
itx Under this amendment the
mower to impose inheritance taxes
would be unlimited, and any form
of gross earnings tax Would De
valid. The gross earnings tax On
railroads would mot be affected by
this amendme emit. as the Constitution
prOviaes that 1T cam not be changed
without a vote of the people. But
with this amendment various new
forms of taxation could be imposed,
notably am income tax and regis
try tax ON mortgages. Under the
present Constitution we can impose
no tax ON mortgages owned by nom
residents. A registry tax, which
would be valid under this amend
memt would reach all mortgages
alike. While all subjects of taxa
tom are required to have a cash
valuation with the tax equa1ized
throughout the state, no proper in
come tax could be imposed. Such IL
tax. if imposed, should be pro-
gressive. which would be valid
under this amendment.
SECOND PROPOSED AMENDMENT.
The second proposed amendment is
contained i'm Chapter 212 of the
Laws of 1905. 1t is sought by this
anne IN dment to repeal Section 16 of
Article Of the Constitution, which
is as follows:
Section Is. For the purpose of lending
aid in the construction and Improvement
of public highways and bridges, there is
hereby created fund to be known as