Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-11-05

This action was almost positive
reversal from the stand of the board
when the appeal was last discussed a
week ago. At that time the state
auditor, George Z. Porter. announced
his intention of voting with Governor
Dixon in support of the assessment.
but in the meantime ne had experienced
a change of heart. and just before the
board went into session Friday after
noon, he said that in order to be con-
sistent, he having voted against in
creases in the eases of G. F. Kelley
and others, he would have to vote to
sustain the appeal in the Clark mat
ter.
Walker Thought Only of Tax
The full board was present, Secre-
tary of State c. r. Stewart having re-
turned to the capitol Friday morning.
and without any preiiminaries Attorney
General Rankin moved that the appeal
be granted. The motion was seconded
by Secretary of State Stewart.
State Treasurer j. w Walker, ex-
planning his vote in opposing the mo-
ton, said:
Il feel, as state treasurer, that my
duty to the people of the state of
Montana when questions come up in
volving the revenues of the state
that my duty is to protect those rev.
enues. The question of law may in
fiuenee other members of the board,
bit I feel that | must oppose this mo-
ton
ather Returns S20,000,000 For Tax
Governor Dixon likewise opposed
the motion, and in explaining his stand
said.
Il cannot vote for this motion be-
cause W. A. Clark. ST., already has
for taxation in this state
$40 100000 of this same stock. issued
out of the same certificate book.
think this proposed action would alb
rogate the statutes saying we should
tax intangible wealth. | think the
board should protect the rights of the
state and il the taxpayer is aggrieved
ct him go into the courts
Rankin EIucidates Law.
Attorney General Rankin, in sup
the statement which had previously
been made that stocks were not as
sessed in New Jersey, in which state
Ibis Clark stock is now being held by
IN agent. He said:
The statutes of New Jersey. which
have before me. make this stock
assessable in that state. An agent has
oecn appointed and holds this stock in
New Jersey and it must be assessed
n that state."
lie went on to show that the Mon
ana laws do not approve of double
.axation. said that the stock was not
Il Montana corporation and quoted
various decisions of supreme courts of
,ther states ard of the United States
u show that an assessment could not
,e placed upon such stock in this
'tate He quoted other decisions to
how that whenever an agent is appoint
ID to carry out trust. he subjects him
elf to laws of the state in which he
S established and said he had been !
unable TO find any cases where per-
ION having a domicie in a state could |
,e assessed there for all the stock he |
night hold in foreign corporations.
Adjourn Sine Die.
Without further discussion. vote t
vas taken and the motion to sustain |
he appeal was carried by the follow
ng vote:
Ayes-porter. Rankin. Stewart.
Noes--Dixon and Walker.
A motion was then made by Mr.. !
'orter and adopted unanimously that
he board adjourn sine die. although it
vas explained by John Edgerton and /
erified by the governor that the board
ould be convened at any time at the
all of the chairman.