Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-01

gal matters are in dispute, to advise
us upon the constitutionality and le-
| gality of various propositions. They
are paid for that purpose and we have
I right to their opinion and the people
! of this State have a right to know
whether the rebate upon these three
| railroads is constitutional or not.
We submit this to the justices of the
supreme judicial court because we have
confidence in them. No better supreme
court exist in this county than We
| have in the State of Maine. They are
able, honest and honorable men who
give us their opinion according to their
| own good judgment.
We have a law passed iAAthis STATE
. rebating from the B. & Abroad, the
Somerset Road and the Washington
County Road 50 per cent. of their taxes
for 20 years and l find upon going to
the State treaSurers Office that those
roads have been related to the amount
of S225,000 under the law and when
find that Art. 9 Of the Constitution Of
this State says that the State of Maine
shall not surrender the power of taxa
ton, l claim that they had no right to
surrender that power here. find that
/ am backed up by authorities in this
country that no Legislature has d right
to abate over one session of the LegiS-
lature. ! deny Of the right Of the
Legislature Of Maine To exempt for
more than two years. and vet for 20
years the y. e 4. Road has been eX-
empted. Therefore | say il i 4 grave
and solemn question and one when
should be- submitted 70 tn" supreme
court and am surprised that anybody
should object to il. / am no; partisan
in this matter Il Is u matter which
the taxpayers Of the STATE in every
county demand ~ know whether this
Legislature can exempt for - years 4
part OF thus property from taxation .,ni
in 20 years they have taken from the
taxpayers az Main, by t.is exemption
$4,000 and ! say that il Is a grave
question L. the taxpayers 81 the stat:
whether IL a. constitutional or not. 1
do not ask you To- consider merely what
say about this matter for ! know il
Il the opinion Of great many law
yers in the State that il n uncnnstitn-
tiOaa!. Fortunately. in pursuing this
matter. ! find thH. the supreme courts
~ many "f the states of this country
have declared surh a law to be- uncnn-
stitutipndl. and not only that. but Inc
supreme court of tn" United States As
well And | ask: l. il not = grave
question. and on" which is fitting
should be submitted To the supreme
court Of the state Of Maine for It's
opinion
| wish 10 incorporate in the few re
marks which | have to make the opin-
opinion of Justice Bean OF the Oregon
supreme court in the case or ct. Egcr-
ton HogC, receiver of the Willamette
Valley & Coast 4. Co. rcSrt. vs.. VII
Lam MacNay. sheriff of Benton coun-
ty. apnt. (....or....l \ Communication or
all taxes On the property Of Il railroad
company for 20 years in consideration
Of its carry ing all troops and munitior
of war which the State requires to be
carried without charge. violates Il con-
stituti0nal provision that all taxation
should be equal and uniform and re-
curing Just valuation for taxation of
all property excepting certain classes
such as that used for municipal AMI
charitable purposes.
Appeal be defendant from decree
of the circuit court for Benton county
in favor of plaintiff in a suit brought
to enjoin the collection of certain taxes
which had been assessed against plain
tiff's property.
This is suit to enioin the sheriff
!of Benton county from collecting. or at
tempting to collect, the state and coun-
'ty taxes assessed and levied upon the
property Of the plaintiff for the year
1899 and involves the conStitutiOnaIity
"t Section II Os An Act to provide for
Il & Coast Railroad" which reads as
fellows: Section II. That if said
willamette Valley * Coast Railroad 90.
shall. within 80 days. after the approx
LAT thereof by the governor. file in the
office of the secretary of state its
agreement, duly executed under the
Corporate seal. Oblging itself to car
~ all troops and munitions Of war Of
this state required to be conveyed On
its road without charge to the stat2
for Il period of ~ YEARS from and aftc.'
such approval. without other cOmpcn-
sat ION than the moneys arising from
taxes assessed. levied, or collected on
til" property Of said company, then, ir
consideration of said agreement and
iii services. done. or to lie done. for
said period Of 70 years said company
shall have and receiV" turirt. all said
term all the taXc= levied. assessed, or
collected during all said term all the
taxes levied, assessed. or collected. by
the state. upon all It's property, real and
personal. and "l,l taNtS arc hereby ap-
prupriatcd ther, for" the contention
is that this section * il violation Of
the provisions q" tile constitution Of
this state that 'alI taxation shall H.
equal AMI uniform" ana that the Leg
isl9ture shall provide Il law fnr uni