The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1936-10-29
Election
STATE OF MINNESOTA,
LEGAL DEPARTMENT
HARRY H. PETERSON
Attorney General
St. Paul, Minnesota, April %, 1895
Honorable Mike Holm,
Secretary of State,
Honorable Mike Holm,

Dear Sir:
In compliance with the provisions OF
Section 46 of Masons Minnesota Sta
tuteS of 1927, 1 herewith furnish you a
statement of the purpose and effect OF
all proposed amendments to the constr
tuition of the State of Minnesota which
are to be submitted to the electors OF
said state at the general election in 1886,
in accordance with certain acts adopted
by the 1885 legislature.
PROPOSED AMENDMENT NO. I.
By the adoption of Chapter 393 OF the
Laws of 1885 the legislature has pro-
posed an amendment to Article of the
State Constitution. The proposed amend
ment, if adopted. will not alter the
form of any eXi> ting section of the
Constitution, but will add a new section
TO be known as Section of said Article
The proposed amendment reads as
follows:
Amy of the public lands of the
state, including lands held in trust
for any purpose, may, with the APP
prevail of a commission consisting OF
the governor, the attorney general
and the state auditor, be exchanged
for lands of the United States and
other privately owned lands as the
legislature may provide, and the
lands so acquired shall be subject 10
the trust, if any, to which the lands
exchanged therefor were subject,
and the state shall reserve all min
eral and water and water power
rights in lands so transferred by the
state"
The Purpose and Effect of the Proposed
Amendment.
The purpose and effect of this pro-
posed amendment is to authorize the leg
isIature to provide for exchanging any of
the public lands of the state for lands of
the United States and land privately own
ed, such exchanges to be made with the
approval of a commission consisting OF
the governor, the attorney general and
the state auditor. Such exchanges OF land
cannot now be made because the State
Constitution does not permit the lesis-
Iature to authorize the sale of school
lands, state swamp lands and state in
ternal Improvement lands except by
public sale. One immediate purpose in
granting Sch authority is to make it
pact areas of land for forestry and other
conservation purposes by exchanging
land outside Of such conservation areas
for lands of the United States and pri-
VateIy owned lands within such areas.
The proposed amendment requires
that all mineral rights, water rights and
water power rights in lands so transfer
red by the state shall be reserved. The
land so acquired will become subject to
the same trust, If any, as the land dis
posed of. For example, IL school land Is
given in exchange, the land received will
become school land.
PROPOSED, AMENDMENT NO. 2.
BY the adoption of Chapter 394 of the
Laws of 1885, the legislature proposed
an amendment to Section l of Article 8
of the State Constitution.
This section now reads as follows:
THE power of taxation shall never
be surrendered, suspended or con-
tracted away. Taxes shall be uni
form upon the same class of SUBJ
jects, and shall be levied and col
lected for public purposes, but public
burying grounds, public school
houses, public hospitals, academies.
colleges, universities. and all semin-
aries of learning, all churches,
church property and houses of wor-
ship. institutions of purely public
cha. ty, public property used exclu-
sively 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. indi-
vidual or head of family, and
household goods and farm machin-
cry, as the legislature may deter
mine:
Provided, that the legislature may
authorize municipal corporations to
levy and collect assessments for To-
cal improvements upon property
benefited thereby without regard to
a cash valuation, and provided fur
Their, that nothing herein contained
shall be construed to affect, modify
or repeal any existing law providing
for the taxation of the gross earn
ings of railroads"
If amended as proposed by the legis-
lature, this section will read as follows:
THE power of taxation shall
never be surrendered, suspended or
contracted away. Taxes shall be
uniform upon the same class of sub
jects. and shall be levied and col
lected for public purposes, but pub
lie burying grounds, public school
houses, public hospitals, academies,
colleges, universities. and all semin-
aries of learning, all churches,
church property and houses of wor-
ship, institutions of purely public
charity, and public property used
exclusively for any public purpose,
shall be exempt from taxation, and
there may be exempted from taxa
ton personal property not exceeding
in value 100000 for each household,
individual or head of a family, and
household goods and farm machn-
cry. as the legislature may deter
mine:
Provided, that the legislature
may authorize municipal corpora
tons to levy and collect assessments
for local improvements upon prop
erty benefited thereby without re-
gard to a cash valuation, and pro-
vided further, that nothing herein
contained shall be construed to af-
feet, modify or repeal any existing
law providing for the taxation of the
gross earnings of railroads.
Provided further, that after jan
uary /, 1887 no tax shall be imposed
on any real or tangible personal
property for any state purpose, eX-
cept that authorized by Section 16
OF Article 8 of this Constitution,
aud/or for the payment of indebted
ness of the state incurred prior to
January /, 1887; but this proviso
shall not limit. but the state shall
have, the right to impose taxes upon
royalties, occupa tions, sales. re-
ceipts, incomes. inheritances. gifts,
privileges, franchises, or licenses, or
upon property on the basis of gross
earnings or tonnage, or upon in
tangibles of every kind
The Purpose and Effect of the Proposed
Amendment.
The purpose and effect of the proposed
amendment Is to prohibit the imposition
OF any taxes on real or tangible personal
property after January 1. 1887 for any
state purpose, except as hereinafter
stated, without limiting the riqht of the
state to impose taxes upon royalties, oc.
eupations, sales, receipts, incomes. In
herltances, gifts. privileges, franchises,
or licenses, or upon property on the basis
OF gross earnings or tonnage, or upon
intaneibies OF every kind, said proposed
amendment declaring that the state shall
have the right to impose such taxes.
" tHe sdio dmenoment - adopted the
state will retain the right to impose
taxes on real or tangible personal prop.
erty for either or both of the following
purposes:
(D To provide funds to be used to
construct or improve reads and bridoes
In this state, as authorized by Section
10 OF Article OF the State Constitution.
for which purpose, under Section IS OF
said Article 9. the legislature In its dis.
erection is authorized to provide for an
annual tax levy upon the property Of
this state. Of not to exceed In any wear
one mill on all the taxable property
within the state: and
~ To raise money to pay Indebted.
ness OF the state incurred prior to Jan.
uary I, 1887.
Respectfully yours,
HARRY n. PETERSON
Attorney General