The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1932-10-06
Proposed
Amendments
to the
Constitution
State of Minnesota
To be submitted at 1882 General
Election
STATE OF MINNESOTA.
LEGAL DEPARTMENT.

S1A Z Of
LEGAL DEPARTMENT.
HON. MIKE HOLM,
Secretary OF State.
Pursuant to Mason's Minnesot
Statutes of 1927, section as, l here
with transmit a statement of tn
purposes and effect of the propose
amendments to the constitution {
the state of Minnesota which ar
to be submitted to the electors q
the state at the 1882 general cleo
tion, in accordance with certai
acts adopted by the legislature q
the 1881 session thereof.
PROPOSED AMENDMENT NO. I
BY the adoption Of Laws 1873,
chapter 420, the legislature has pro
posed an amendment to article
section l, of the constitution, relat
ing to taxation. This section no.
reads as follows:
1.-The power of taxation shall
never be surrendered, suspend
ed or contracted away. Taxes
shall be uniform upon the same
class of subjects. and shall be
levied and collected for public
purposes, but public burying
public hospitals, academies. col
leges, universities, and all SEM
inaries Of learning, all church.
es, church property and houses
of worship, institutions of pure
ly public charity, and public
property used exclusively for
any public purpose, shall be
exempt from taxation, and
there may be exempted from
taxation personal property not
exceeding in value $500, for
hA1I tn trrt1
head of a family, as the legis-
lature may determine: Pro-
vided, that the legislature may
authorize municipal corpora
tions to levy and collect as
sessments for local improve
ments upon property benefited
thereby without regard to a
cash valuation, and provided
further, that nothing herein
contained shall be construed to
affect, modify or repeal any
taxation of the gross earnings
of railroads"
If amended as proposed, this ses
tion will read as follows:
THE power of taxation shall
never be surrendered, suspend
ed or contra rt-d away. Taxes
shall be uniform upon the same
class of subjects. and shall be
levied and collected for public
purposes, but public burying
grounds, public school houses,
public hospitals, academies,
colleges, universities. and all
seminaries of learning, all
churches, church property and
of purely public charity, and
public property used exclusive
ly for any public purpose. shall
be exempt from taxation. and
there may be exempted from
taxation personal property not
exceeding in value 5000. for
each household, individual or
head of the family, as the legis-
lature may determine. The leg
islature may enact any law re-
quired to make the taxation Of
conform to the laws of the Uni
ted States. Taxes may be i'm
posed upon incomes and on
franchises and privileges meas
ured by income, including in
come, franchises and privileges
OF railroad companies, which
may be classified. and which
taxes may be graduated and
progressive, and the legislature
may prescribe reasonable ex-
emptions, and such taxes may
be in lieu, in whole or in part,
of taxes on any class or classes
of real or personal property as
the legislature may determine.
1t shall not be necessary to
submit to a vote of the people
any law imposing a tax upon
the income, franchises or privi-
leges of railroad companies.
Any and all provisions of the
constitution of this State in
consistent herewith are here
by repealed. Provided, that the
cipal corporations to levy and
collect assessments for local
improvements upon property
benefited thereby without re-
gard to a cash valuation, and
provided further, that nothing
herein contained shall be con-
strued to affect, modify or re-
peal any existing law provid-
ing for the taxation of the
gross earnings of railroads."
The Purpose of the Proposed Amend
ment
The proposed amendment is intend.
ed, first, to give the legislature spe.
eiflc authority to enact such laws re
banking associations as will con.
form to the laws Of the United States
The laws of the United States at pre-
sent provide in substance that ths
states may tax the shares of a ma
tionai banking association provided
that the rate of tax on such share.
shall not be greater than Is assessed
upon other moneyed capital in the
hands of Individual citizens Of suct
state coming In competition with tn.
business of national banks. At pre-
sent the laws of Minnesota provid.
that shares of such a banking asso
citation shall be assessed at thirty.
three and one-third per cent (33 1/3Te'
OF their true and full value. Money!
and credits and mortgages upon anc
executory contracts for the sale o.
real estate are taxed In this state al
q lower rate. The supreme court o.
the United States has held that tn.
Minnesota plan of taxing shares Of {
national banking association Is inva.
LID because these shares are taxee
at HIGHER rate than moneys ans
credits and mortgages on and exc
cutory contracts for the sale Of rea
estate: Under the proposed amend.
ment 1t Is Intended to give the ieqis.
iature the power to enact laws fol
the taxation Of national banks tina,
shall be In harmony with the fedora
statutes on that subject, even though
such laws might offend other provi.
sions Of the state constitution.
The remainder of the new matter
which would be placed In said sec.
tion by the proposed amendment l.
intended to give the legislature specI.
nc authority to enact laws providing
for a tax on incomes, and on fran.
chtses and privileges measured by In.
come, including income, franchise.
and privileges of railroad companies
u Is proposed that all incomes ma,
be classified and that taxes may be
graduated and progressive; that Is e
say, the rates may be different or
incomes of different sizes. II is In.
tended that the legislature shall have
power to allow reasonable exemp.
lions from such taxes and to pro
vide that such income taxes may bs
In lieu, either In whole or In part, Of
taxes on such other classes of rea
or personal property as 1t may deter.
mine. 1t Is proposed that any Law
imposing a tax upon the income
franchises and privileges of railroad
companies need not be submitted Il
vote of the people, as now provided
by article 4, section ga of the con
stitution.
The Effect of the Proposed Amend
ment
The proposed amendment, II adopt.
ed. will have the following effect;