The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1931-04-03
FoOt's Letter Twisted

FlOOt's Letter Twisted
Now as a matter of fact Attor-
ney General Foot does not say
anything of the sort. He admits
the acts provide for a second tax
but ads for what it is worth, that
he does not believe that the legis-
lature intended to levy another tax
but that the supreme court would
have to do the deciding, thus sus-
tanning the contentious of the Pro
ducers News and putting the State
Highway Commission and the
Board of Equalization out Of the
picture together with their Opin-
ions.
THE LETTER
IN replying to mr.. Salyerds, MIR.
Foot said:
ST have your letter regarding GER
tain provisions Of house bill $50. The
fact that this bill provides for a tax
Of cents per gallon on gasoline
was necessitated by Section of
Article Is of the constitution of
Montana, which reads as follows;
WHAT CONSTITUTION PROVIDES
"'The legislative assembly shall
not in any manner create any debt
except by law which shall be IRE
pealable until the Indebtedness there
/ in provided for shall have been full
/ " paid or discharged; such law shall
/ specify the purpose to which the
/ funds so raised shall be applied and
! provide for the levy of a tax sufft-
cient to pay the interest on, and ex-
tinguish the principal of such debt
within the time limited by such law
/ = q 1aT-&
! or liability shall be. created which
shall singly, or in aggregate with
any existing debt or liability, exceed
the sum Of one hundred thousand
dollars (S1OO, Oo0) except in case OF
war, to repel invasion or suppress
instruction, unless the law author
izing the same shall have been sub
election and shall have received q
majority of the votes cast for and
against It at such election
"sHouse bill $50 which provides
for creating a debt Of $4,000, 900
must therefore provide for the levy
of a tax sufficient to pay the inter-
est on, and extinguish the principal
of the debt within the time limited,
by the law for the payment thereof
"sThe question whether the tax
levied by house bill $50 imposes a
tax of cents per gallon on gaso-
line in addition to the present tax in
the same amount is one which, OF
course, only the supreme court can
definitely settle. In constituting q
statute, the rule is that the court
Will ascertain, If possible, the intent
Of the legislature that enacted the
statute and construe the same IN
conformity with such intent. It does
not seem possible that anyone could
successfully contend that the 22no
-
house bill 45o, intended to levy an
additional tax upon gasoline in the
amount of cents per gallon"
MATTER PLAIN
The above letter does not say
what these papers say that it does
as any one can see by reading.
Tribune Story
The Great Falls Tribune, o. S
Worden's, the chairman of the
state highway commission, paper
preceding this letter, reviews
what the highway commission
thinks, the opinions of the state
board of equalization; the conclu,
sions of Governor Erickson thai
referendum measure does not pro
vide an extra tax ;and the purpose
of the debenture law. that is to al
low the state to bond for six mill
ions of dollars at 5 per cent in
terest in order to match the feder
al money available now and dur
ing the next four year which the!
cans match otherwise, and how de
sirable it is to do this because w,
need the roads and the building o
the roads will provide jobs for tn,
unemployed.
Then the Tribune reiterates it
|, lie that R. M. 35 does not provid
for special 5 cent a gallon tax
and tries 10 make it apear tina
Foot says so too, when Foot ad
mits that tmay, and says the su
preme court will have to decide.
Intention of Legislature
The proponents of the meaSur
o say the supreme court will b
/ guided by intentions of the legis
! lature. This is false.
They know it is false. The couI