The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-01-09
BuRKE'S MESSAGE
CONTINUED from page L.,

sion requiring the railroad commits
sioners to make a schedule of reason
able maximum rates for the transport
tation OF passengers and freight in this
state-the law referred TO being sec
1913 OF the Revised Code of 1905. III
this law be enforced it is probably
sufficient. so far as the delegation OF
power 10 the railroad commissioners
is concerned. Ii You should conclude
that the power should he delegated to
the commissioners. but that the rates
should be fixed by statute. you should
be governed in fixing the rate by the
rule laid down by the supreme count
of the United States in the case of the
Chicago. Milwaukee & ST. Paul rail-
road company V. 'rompkins. United
States 167, viz: The reasonab,eness
of the schedule of rates for local bus
ines OF Il railroad company must be
determined by Il comparison of the
gross receipts of the road and the
cost OF operating" This question OF
fixing passenger and freight rates
recommend to Your sound discretion
and best Judgment. feeling certain that
YOU will find on investigation that the
local freight rates are unreasonable
and that your action will be fair and
just to the railroads and the people.
recommend the enactment OF a law
requiring railroads to keep the road
beds in a safe condition. and providing
severe penalties for its violation. We
have had a great many wrecks this last
fall, reported to be caused by the
spreading OF the rails. | was in one
OF them and know that the rails spread
because the ties We're rotten. In an
other wreck on the same road in the
same county. and in the same week,
the rails spread again: there was an
other wreck; two men were killed, and
was told by reliable men that the ties
at that place We're rotten. There can
be no compromise ON this subject. If
a railway company allows its roadbed
to get into such condition that the
ties are rotten someone is guilty IF
gross criminal negligence; and if ON
account of such negligence life is lost
someone should be guilty of man
cordingly. The railroad company owes
the public good safe roadbed, and
should be required by law to furnish
it and keep it in safe condition.
In relation to the question of the
recent
Shortage OF Cars,
l recommend the enactment of law
VI, Lo
furnish a reasonable number of cars
to shippers without discrimination. l
am informed that in many parts of the
state the railroad companies have dis
eliminated in favor of certain shippers.
This should be regulated in such way
that no town will have an advantage
over other towns with the same rail-
road facilities, and no shipper should
have any advantage over any other
shipper. The people and the railroad
should realize that the railroad is
not for the individual. but for the use
of the public, and there should be no
discrimination in favor OF any place
or person.
| next call your attention to
HdllrOiu laXatI0n,
There is a general feeling through
out the state that the railroads are
not paying their just and proportionate
share of the burden of taxation. Rail-
road property should be assessed upon
the same basis as other property If the
individual. There is only one way 10
assess property so that the burden may
fall upon all alike, and that one way
is by assessing it at its actual value.
BY so doing no one can complain, be-
cause everyone should be willing to
pay their just and proportionate share.
for the support of the government
which protects their lives, their liberty
and their property.
1t is true that the law now in force
requires all property to be assessed
at its actual value, but everyone knows
that no property is assessed at it's
actual value. There is no uniformity
about the assessment of personal prop
erty. The law is not enforced in rela-
ton to the assessment of real estate,
and the railroads are only assessed at
4 small proportion of their actual
value. 1t seems that the present law
is insufficient to accomplish the re-
suits in tended, viz: to assess property
at its actual value. On account OF the
low assessment the rate is, unneces-
sarily high, which is bad recommend
aticn to the immigrant and the invest
or from other states, and at the same
time, on account Of the low assess
nent, cities arc often hampered and
sometimes prevented from having mod
ern cOnvenienccs on account of the
sessed valuation OF the property.
therefore recommend to you the en-
actment of law providing severe
penalties for the neglect or refusal
OF assessors to assess property at it's
actual value, for the neglect or re-
fusal of property owners to list their
property with the assessor when called
upon to do so, at its actual value, and
for the neglect or refusal of any men,
Der of a board of equalization to in
crease the assessed value of any prop
erty to its actual value.
/ further recommend that the board
of equalization be given power to
subpoena any property owner to APP
pear before such board and to answer
upon oath all questions relative to any
property owned by him subject to as
sessment, and to produce all books
and inventories in relation to the same,
and that the state board of equalization
be given the fullest mower tn inuuire