The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-21

ternaI organization, can acouire such
PI"PeIty as IL wishes, put a lodge room
on the Top floor. devote its rents and
nv rom tne rest of the building to
tne purposes of the lodge and then the
entire property in question is exemnt
from taxation.
Should such condition be permit
ted to maintain the various henavoIant
and fraternal organizations in Ihis cit,,
and the state as well. which have ali
kinds of funds at their disposal could
gobble up such desirable propertv as
they saw nj. NIX up a lodge room on
property exempted from taxation.
And being FAMILIAR with this pro-
vision of the new law. some of the
fraternal societies in the city are said
to be doing that very thing IT is
stated on authority that is most reli-
able that the addition which is heinz
built by the Knights and Ladies of Se-
curity to the National hotel pronertv
will have lodge room accommodations
on the uppermOSt floor. and that there
fore the society will claim that this
valuable property is wholly exempt
from taxation. The same claim will
be made by the society on the Knights
and Ladies of Security building across
the street on the southwest corner of
Kansas avenue and Seventh street
where the upper floor has been used
for lodge purposes for several years.
These two properties are merely men
toned as an example of the character
of real estate that would be exempted
from taxation in this city under the
new law. There are many other fra
ternal organizations owning property
here who will claim the same exemp-
tions
1t is pointed out that under the
terms of this new law any person
owning valuable property in the busi-
ness section of the city would merely
have to organize a benevolent or fra
,4a1 rNTr% In,
lodge room for it on the top floor of
the building and then claim the prop
erty to be exempt from taxation.
Means a Heavy Loss.
Even though such course was not |
pursued generally. the existing prop |
erty in the business section of the city /
which belongs to lodges and fraternal |
organizations. who will claim exemp- |
ton from taxation under the law, is |
worth a good deal more than a half |
million dollars. If this property is |
finally exempted it places other prop |
erty owners. who have to pay taxes, at |
a great disadvantage. Because the |
societies have no taxes to pay they can |
put their rents at a figure which tax
paying property owners can not COM
pete with.
And the county commissioners and |
Mr.. Schenck, the county attorney. do |
not believe that this is providing a fair |
and uniform system of taxation for the |
people of this county the state.
Mr.. Schenck has given verbal advice |
to the county commissioners on his rea- |
sons as to why the new taxation law |
is unconstitutional in this particular |
respect regarding exemptions and in
others. He will file with them a writ |
ten opinion on the subject in the near |
future.
If the legislature has the right to
exempt such an enormous amount of /
property from taxation, said Mr..
Schenck today in discussing the matter
In an off hand way, they would GER
tainly have the right to exempt any
property from taxation that it pleased.
1t could make the corporations and the
relieve them from paying any and throw
the burden on the owners of ordinary
real estate. AS a matter of fact it
could exempt all property from taxa
ton except yours and mine and we
would have to stand the entire burden.
No one will argue that this would be
providing a uniform system of taxation
Tor the state.
Nor can it be argued with any more
reason that in exempting this property
belonging to lodges and fraternal or
from taxation a fair and
Their properties are among the most
valuable in this city. They certainly
should pay their share of taxation for
police, fire and other projections that
hey enjoy. If they are exempted it
means that the man who owns his own
nome. or who even owns property along
side of theirs, has to bear their burden
n the way of taxes. 1t is hard to con-
,eiVe how anyone would consider this
L fair and uniform system of taxation. |
don't believe the courts will hold so,
wen though by a previous decision they
nave decided that the legislature can
exempt such property as it sees fit from
axation."