Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-05-02
IMPORTANT DECISION.
Judge HnseIton on Municipal owner
ship Problem--Electric Light Plant
In Another Town TnNablc.

4
pioneer decision was rendered by
Judge Seneca Haselton in Franklin
county court in the case of Swanton VII
lage VS.. the town of HiRhgate, an action
to recover taxes paid under protest by
Swanton village to the town of Hlghgate.
Tho court held that such taxes were pro-
perly assessed and collected. These taxes
were assessed on the water privileges
at Highgate falls. owned by Swanton
village and used to produce power for
its electric lighting plant. 1t was
claimed by Swanton village that the
purpose, being a public one, no taxes
could lawfully be assessed on the pro-
perty. Defendant claims alleged that
the use was not exclusively a puol!c
use but that light was furnished to In
dividuals outside of Swanton village and |
for profit ". A. Burt and T. A. Ayers
were counsel for the plaintiff; II. Charles |
Royce and d. w. Steele for the defendant !
1t is believed that this is the first
time this matter has been passed up
on in the courts Of the United states.
! In the divorce case of Annie S.
Huckins VS.. Ernest e. HuciSins the petit
ton was dismissed. mainly because Of
| the tendency in Washington county OF
petition brought by the husband.
In giving judgment in the former case
the court said
I'VE are inclined to think the judg-
ment should be for the defendant town
/ Nlghgate) to recover It's costs. The
| case OF Stvlej vs.. Newport C16;h VII
seems to go to the very extreme and
is authority; but we cannot so beyond
It's scope. In this case we are con-
/ fronted with the question Of whether
the various resources Of town con-
sisting of water privileges and quar-
ries. etc, can I've taken by another
municipal corporation for its use, and
be taken out of the grand list of the
town on which the property is situated.
There seems to be no question Of the
power of the Legislature to confer up
| on municipalities the authority TO
light its streets and furnish light 70
its citizens, any more than TO give
them the right to procure water FOR
fire protection or to furnish water to
is citizens. But when for carrying out
that purpose a municipality goes into
a neghboring town and takes the re-
sources of that town. whether ii there
by renders the property exempt from
taxation, is an entirely different quas-
don.
Stygles- Newport case, and presents vari-
Gus questions OF far-reaching effect and
Importance. town or city might be
granted authority for instance to run a
line of street railway: there is no doubt
tine LEGISLATURE could grant such author
lily. The municipality Of Glasgow has for
q long time operated its lines Of street
railway. If in such cases the power S
; taken from an adjoining town should not
the municipality using tho power pay
taxes upon the property If a Legislature
sees fit to confer upon city or village the
right 20 take. hold and operate lines Of
street railway. would that affect the
right OF outside towns to tax the plant
situated in their towns? These various
resources are fast being taken up, and 4
taken by cities and villages and rendered
exempt from taxation. such resources are
L not available for the development Of the
! town any other way. If they are not
available to private enterprise, the town
is deprived of its resources
3 1.-The important question here Is not as
to the right OF a municipal corporation 20
) establish an electric light plant for the
use and convenience of its citizens: bat
) as TO the right Of a neighborng town to
! tax the property within its limits. What
ever the law may be the fair and equitable
, thing would seem to he that the town
should receive the tax9tion on the prop
erty within its borders.
l. The vs'-gc of Swanton receives S4H'
/, or 5000 income from this lighting plant
: The fair and equitable thing would seem
!. to he for the village to fix the price FOR
lights at such figure that they could
Afford to pay a reasonable tax to the town
Of Highgate on the plant situated there
That may not be the law hut everybody
wants to know what is the law Of the
d. case, and are inclined to enter judg
Inent for the defendant and let the case 90
up in that way.
| AS We have stated, the real question
/ here Is as TO the right Of one municipality
" to take the resources of another town in
b! such way as TO take the property ouI
= of the grand list OF that town, and In
= the end impoverish the town. town
r which has valuable water privileges. )r
e qua rries or lodges and such things regards
: their possession as source Of growth and
development by private enterprise. and
: looks to them : means of enhancement
e of it's grand list. Can a town be deprived
e of these natural advantages because a
g municipal corpora ton takes the place o.
8 private enterpriSe,"