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Tax On Railroad Lands

Tax On Railroad Lands image
Parent Issue
Day
12
Month
September
Year
1873
Copyright
Public Domain
OCR Text

Before Judgea Emniona and Longyear, in the. Lmted btatea District Court, the argument of a oase, the deasicm of which will havo au important effect on certain counties in tuis State, ras oomjnenoed yesterday. 8ui( is brought by Charlea E. lucker and otheis, holden of bonda of the Flint & Pere Marqaette Railroad Company, againsl tïelson Ferguson and other Supervisors of various towns in Qsoeola ooanty, torestrain them (rom oelleotme taxes upon bui. Is granted thecompany above named by the ümted States. Tlie oomplainani claims that the lamls in cuestión, ttlthough given to the railroad oompany, are yet, to all mtents and purposes, the property of the United States, and, as such, are exempt froni taxation. The respondent claim that the lam Is have paaaed from the control of the National Government, nud that as trust deeds and mortg'ages on the same have been iesuedto theholdersof thebonds to secure thein, the lands are subject to taxation. The counsel for the State are Messrs. Alfred Russell. E. W. Meddaugh, C. A. Kent of Detroit, and Judge Upson, of Coldwater, while Messrs. Fond, Webber, Hughes and Wells take the other side of the debate.- Detroit Tribime, Sept. 10. In reading which several thoughts strike us. If tho lands in question are, as the complainants claim, " lo all intents and purposns tho property of the United States," by what right do privato parties bring suit to save them from taxation ? Why, if the ownorship or titlo is rightfully in the Unitod States, does not the United States bring suit and appear by its o svn proper attorneys? Ncxt, it the title bas passed to the railroad company, why is not the suit brought in its name, and in a State court, where alone, being a resident Corporation, it is entitled to sue? Have the bondholders, who as holders of trust doeds aro but mortgagees, - ■ , ■ i 1 1 J3 f- HH na4-i il sucn an interesi 111 i imuis cumhc them to be oomplainanta in asuit against the State ? If they have such an interest - that i ' aunen - are not the lands clearly taxable ? As mortgagees can they allege and maintain the allegation that the railroad company cannot or will not pay the taxes, or even that the bonda they hold- their real elaim against the pany- will not bo paid at maturity, and the interest on them as it shall accrue ? Bonderinsr those quostions it seems to us that tho railroad oonjpunies (we write companies, understanding the pending suit siniply a tost one, and tbat tho Pore Marquette is backed by the other land-grant roads) and the álate are the only legitimate parties in interest ; that Mr. Tuoker and his associate, are not in a position to entitle them to the injuuction prayed for; that the railroad companies should bring their (own) suits in the State courts ; and that the United States District Oourt has no jurisdiction. But being a layroan, we are familiar with neither tho quirks nor the kinks of the law. One more thought. Why is it that the Attorney-öeneral does not appear in person to care for and protect the interests of the State 'i and why- as we have heard it, intiraated - were the appearing atttorneys selected or appointed without oonsultation with him ? Is there collusion between the Governor or other State offtcers managing and controlling the case and the railroad companies and their bondholders P The people of the northern counties, vitally interested in maintaining the right of the State to tax these railroad lands, should koop their eyes open. TlIE Uxiveesity is again n oourt : tho ñamo old Vinna heing homeopathy. In the Circuit Court for this county, on Monday, application was made by Judge Lawrexce, at the instance of AttorneyGeneral Ball (or mee tyrsa), for an order citing the Regents to appear and show cause why a mandamu shall not issue, oornpelling them to appoint two professors of homeopathy in the Medical Department, as required by an act of the Legislature passed at tho last session. The application is based on affidavits made by Drs. Pomeroy and Wo$DRUFF, who represent the small faction of rule or ruin homeopathists in this State much the larger portion of the homeopathie school preferring a separate institution. The order asked for was issued and made roturnable on the 4th day of November. This action should cali the attention of the Constitutional Commission to the necessity of being apecifio in defining the power of the Regents. Not only should the Board be given, in unmistakable terms, the full control and expenditure, not only of the University interest fund but of all funda appropriated in aid of the University, unless made for specific purposes, by the appropriating act ; but also the exclusive right to ostablish such chaira and professorships in the existing or authorized departments as it may deern for the good of the University. Without this power the University will bo but a foot-ball between successive Legislat ures and Boards, and the men eleoted to care for it, and constitutionally responsiblo for its success, will be from yoar to year dictated to by a body, the lunmbers of which will be elected without the loust regard to their qualifications for marking out collogo or university onrriculuius or ccuises of study. We do not concede tHat tho present constitutioual provisión gives the Legislatura the right to order specifie professorships in the University ; and it will be a sorry dy for that mstitution if the courts shall so decide. lts success heretofore, immeasurably beyond the success of any other State University, has been owing, in part, to tho economical disposition of its funds, bot largely to its iiidopendence of legislative manipulation. Samuel J. Bandall, Democratie member of Congress fnm Pennsylvania and Chairman of the State Central Coinunittee has come to grief. His colleague, R. Milton SrEER, met his downfall at the reeent State Convention, when he was branded a salary-grabber and refused the honor of presiding over the deliberations of his fellow Demócrata. And now IíanDALL has been deposed and Dr. AxDKEW Neihxger, of PbUadelphia, installed in his place as the leader of the Pennsylvania Democracy. Besides being an obnoxious salary-grabber, Randall is a. full-blooded protectionist, and being such is no aid in Congress to the Democracy of the Union. It is to be hoped that Dr. Xebinoer is not so hide-bound. It is time foi the Pennsylvania Democracy to get out of the rut of protection. " Two strings to hia bow" is tho motto of one Mr Williams, of Maine. Ho ran as an independent candidate for Governor at the recent election, getting less than 500 votos ; but was elected to the Legislatura froin the town of Augusta by 150 tnajority or thereabouts.

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Subjects
Old News
Michigan Argus