minority the same rights and privileges sense, of a public nature; they are townships who own property to pay and benefits under the government different from those building mills, etc. taxes for any of these improvements. that they claim for themselves, that is However, I do not propose to talk I do not think there is any danger in all to which they are entitled. They much longer on this proposition. I do that direction. have no right to set up a claim that not know that any gentlemen upon Now, suppose that we put the limibecause they were in the minority they this floor will agree with me. I am in tation at five per cent., as is proposed shall not be taxed even for building favor of allowing the townships to ap- by the gentleman from Kent, (Mr. M. railroads. I believe that such a doc-propriate whatever proportion of their C. WATKINS.) It is well known that trine is not sound, that it is a politi- property they may see fit, for the pur- the assessed valuation of property cal heresy. I believe that the true doc-pose of building railroads. I believe throughout the State is not over onetrine is that in republican governments if the citizens of any township see fit third of the cash value of the property the minority must always bow to the to give twenty or twenty-five per cent. on the average. And it is also true will of the majority. I believe the same of their property for the purpose of that in making those assessments not doctrine applies in this case that applies building a railroad, which might be more than one-half of the property of in all other cases. projected to run through that town- the State is assessed. Therefore, you Another reason urged is this-that ship, that is a matter of their own, get but a very small proportion of the all this aid can be given in the form and it does not concern anybody else. property returned for taxable purof subscription. Now, suppose that a It has no reference to anything outside poses. And, with the limitation of railroad was projected to run through of their immediate township; it is a five per cent., it is safe to say that the the township or the city of Lansing; a domestic concern of their own, and amount that could be voted in such a great majority of the people believe that they ought to have the right to control case would not be over one per railroad would be a benefit to them, it as they please. cent. upon the real taxable property. and that by voting twenty per cent. I doubt the propriety of this Conven- of the township. Every one, who has upon the taxable property of this city tion undertaking to limit the rights of had any experience in the matter of they could secure the completion of the sovereign people in reference to assessments and taxes, knows this to that road. Now, there might be a per- those matters. We say that the peo- be true. When you take into considson in this city worth a hundred and ple are sovereign. Now, if there has eration the low rate of assessment, and fifty or two hundred thousand dollars, been any one subject talked of more the large amount of property which is and he might say: "I do not pro- than any other subject since this Con- not assessed at all, the proposition of pose that you shall take my vention met, it is the subject of the the gentleman from Kent will not give property for the purpose of building rights of the people. Every gentleman actually more than one or one and this road against my consent; you must who has spoken on this floor has time one-half per cent. If you make the not do it by taxation, because I have and time again reiterated his great limitation ten per cent., you would not rights in reference to this matter; you confidence in the people, and claimed get more than three per cent. of the cannot take my property without just that their rights should not be taken actual valuation at most; and if you compensation." Now, suppose you come from them. Now, I claim of those make the limit twenty per cent., as I to that same man, and ask him what gentlemen that they shall leave this propose to make it, you will not then get he will subscribe towards the building matter entirely with the people. I over six or seven per cent. at the most, of this railroad, and he declines to give think if we are to have such great con- of the actual property of the township, anything. The result of the doctrine fidence in the people, in reference to where it is proposed to levy this tax; which is advocated here, would be, other matters, we should also have and any gentleman who has had any that the public spirited citizens of the equal confidence in them in reference experience in geference to assessments, ⚫different localities, who are willing to to their money matters. I do not be- who has made any effort to post himaid in the building of these roads, lieve they are going to squander their self on this question, will agree with must bear the entire burden upon money or vote it away for purposes me in this statement. I say, therefore, themselves, although in many cases, that will not be for their benefit. that if you make this limitation twenty those who refuse to subscribe anything The gentleman from Cass, (Mr. VAN per cent., you will not get more than possess the most property, and would RIPER,) in making his argument upon six per cent. of the real valuation. We reap the most benefit from the build- this question the other day, claimed, should recollect that these assessments ing of the road, even to the doubling as one of the vital objections to this are always made low, and that a large of the value of their property. Yet proposition, that the voters in the amount of property is not assessed at they hold back, and when approached townships who paid no taxes would all. on the subject will say: "What I vote to compel the property holders to If it is proper to incorporate in this have is mine, and I do not propose to appropriate their money against their Constitution any provision giving the give it for this purpose." Now, it will for this purpose. I do not believe Legislature the right to authorize seems to me that in that way, these that practically any such results would townships to vote taxes for this purpersons can, by this very meanness, if follow from this provision. All of pose, we should put in a provision may use that term, preserve all their these projects for building railroads, that will be worth something, not one property, and at the same time reap all and for public improvements of this the benefits to be derived from the im- kind, are set on foot by men of wealth. provements carried on by the means of They are the men who move in this others. Now, I am in favor of making matter; not the laborers, miners, and these men bear their share of the bur- other.people of that class to whom the dens in all such cases. gentlemen referred. They are not the Gentlemen say that the same argu- men who propose to build railroads, or ment might be applied to building a who move in these matters. If this grist-mill, or a saw-mill, for they are proposition is adopted, you need never public benefits. Now, I regard them anticipate any danger that the poorer quite differently. The corporations engaged in building railroads are in one

would have no provision at all in ref- well guarded restriction. I do not ring indebtedness, or obligations which
erence to this matter; I would not put agree with those who would make would be dangerous, or hazardous to
in any restriction whatever, but leave the amount larger than is provided its interests. I will take occasion here
the people of the different townships for in this section, that is ten to say that a very large portion of my
to vote whatever in their judgment per cent., because although I do not constituents would prefer that there
they might see fit.
think it would be dangerous, still I should be no restriction upon this sub-
Mr. CONGER. I desire to say a think the better policy for all concern- ject in the Constitution; they would
word or two upon this portion of the ed would be to put in a medium prefer that it should be left to the Leg-
proposition. I do not intend to speak amount to be raised by these munici- islature to grant to the people of a
now at length upon the principal ques- pal corporations. Then, after having township such powers to raise money
tion involved, but I desire to say that, paid one amount of ten per cent., as they might desire in any particular
for one, I am unwilling to leave out of knowing as the tax came round, ex- case. Now, while I admit that that
the Constitution any section upon this actly what they had to pay, if they might be the feeling of a majority of
subject. It is the desire of those who desired to renew it, I would require those I represent, at least in the north-
are most zealous to have a large them still to keep within this limit of ern part of my county, I also say that
amount of money raised in townships ten per cent. I am also of the opinion, I do not agree with them in the pro-
for railroad purposes not to have any from my knowledge of such matters, priety of leaving the matter to the
restriction whatever upon the people of that in our new townships, where the Legislature to authorize townships and
townships or cities to raise whatever valuation of property is small, five per cities to incur such an amount of in-
they please. I do not agree with them cent. would not be sufficient to make debtedness as they might see fit. Act-
in that. Neither do I agree with those it any desirable object, although in the ing here, as I do, for the purpose of
who would make the limitation so rich and populous townships in the promoting the interests of the entire
low that the provision would be of older portions of the State, that might State, it is not proper that I should
no practical value for the purposes in-perhaps be sufficient.
bring my own private wishes or views
tended. There is a medium in this This provision is not necessary for forward here, and endeavor to embody
matter, if we can reach it, which will the old, populous and rich districts of them in this Constitution for any local
bring safety to the people, and also the State. In those districts there is purpose of my own, even if I had the
enable all these public improvements an accumulation of wealth and capital power. It seems to me that, acting
to be made which many portions of the which will enable the people to aid for the whole State, we should lay
State so much desire. Now, to have these improvements much more than aside all local partialities and prefer-
no section at all in this Constitution on can be done in the northern and poorer ences of our people and ourselves, and
this subject would be to leave the portions of this State. I, therefore, look to what will in the end be proper
question an open one for the Legisla- submit to gentlemen of this commit- for the best interests of the State, and
ture to provide for any amount to be tee that if we desire a provision which restrain those who might desire to go
raised in any township in the State. shall be fairly restrictive, and just to beyond us from incurring obligations
To put in an absolute restriction pre-all, and yet one which will benefit all that might be injurious to them here-
venting the townships and cities from parts of the State, the amount origin-after.

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granting any aid at all, would, in my ally prescribed by this section is as I submit, then to the gentleman of
opinion, ultimately defeat this Consti- fair and safe as any amount that can this committee, or at least to those who
tution. It seems to me that wisdom be fixed. It will be well for the com- are in favor of allowing towns and
would prescribe that this committee mittee to remember, as has been sug-cities to render aid to such improve-
should adopt some middle ground, re-gested by the gentleman from Tuscola, ments, that we should adopt a fair and
stricting townships and cities from in- (Mr. HUSTON,) that the valuation of safe rule, not place the limit too high,
volving themselves in what might be a property in this State is supposed to so as to endanger the welfare of cities
dangerous expenditure on the one be not more than about one-quarter of and townships by throwing upon them
hand, and at the same time allowing its real cash value. As the State board too great a burden, and not place
reasonable aid to be given for such of equalization will not meet again for it so low as to render the provision
public improvements as they might the next five years, there will not be, useless for the purposes intended..
desire.
during that time, any large increase in I also wish to say here, in order that
Having attended the Legislature the valuation. During that time most I may not have occasion to refer to it
during several of its sessions when of the townships proposing to aid rail- again, that I see no propriety in the
this subject was under discussion, I roads will have done so. They will proposition to allow five per cent. to be
came to the conclusion that some re- have already commenced to pay taxes, voted to one railroad, and five per cent.
striction in the Constitution would be which will in many cases not only pay to two or more other railroads, is
desirable. I came to the conclusion the interest upon the credit which they proposed by the gentleman from Cass,
that a limitation to ten per cent. would pledge, but also reduce the principal. (Mr. VAN RIPER.) I see no reason why,
be a medium rate, which might with They will know at that time whatever in many portions of this State, if the
perfect safety be adopted for the bene- burdens they have assumed, and they people are willing to support the only
fit of those municipal corporations who will feel whatever weight is imposed road they desire to have, they should
might desire to lend their aid to these upon them. Then this limitation will not be allowed to raise the whole
improvements; and that a less amount be a reasonable restriction upon any amount for that road, instead of being
than that might not be a desirable re- increased amount of aid that they may restricted to one-half the amount. If
striction upon those towns and cities choose to vote for this purpose. the principle is right at all, it is right
that wished to encourage particular I submit to gentlemen of the com- that each municipality should lend its
public improvements which would be mittee that this proposition is a rea- aid to that road which will most pro-
beneficial to themselves. I, therefore, sonable one, considering all the inter-mote its interests, or to two, or to help
desire to say, that I do not agree with ests of the State. It is a reasonable a dozen roads, which might be benefi-
those who would leave out of the Con- one for the purposes intended; it re- cial to them. There will, however, be
stitution, any section upon this sub-stricts within reasonable and proper but few, if any, cases where there
ject because I am in favor of a safe, limits any city or township from incur-would be two roads running parallel
Vol 2-No. 17. §

เ

to each other through the town. There jority to levy a burdensome tax upon tribute the increased hotel acccomowould be only one road in a town, ex- them. Therefore, I say that, in justice dations here, over that which Legcept perhaps in cases where two roads to minorities, the amount should be islatures have had heretofore? To intersect or connect with each other. restricted within proper and reasona- what can you attribute the magnificent If the limitation of five per cent. is ble bounds. blocks of buildings, which are second adopted, it would in fact amount to For one, I am perfectly content with to none in this State, and hardly only one and one-half per cent. of the the amount reported by the committee, second to those of any of the cities of real valuation of the property of any that is, ten per cent. I think, however, this Union? To what shall we atlocality. that is the lowest possible point at tribute all these things but to the The I do not wish to dwell upon this sub- which the aid would really amount to building of these railroads? ject, or to make remarks that will tire anything substantial. If any change is amount levied has been twice, yes, four the committee. I had desired to make to be made in the report of the com- and five times, paid back to the a few remarks upon this question, be-mittee upon this subject, I am in favor property-holders of this city. We are cause I did not wish to speak again of raising the amount. For that rea- entirely content with the investment upon this particular branch of the sub-son, therefore, I shall vote in favor of which we have made in this respect. ject. I desire to ask those who are in striking out "five," and inserting And we say to all respectable projects, favor of allowing any aid to be "twenty," in the amendment of the "Come on; come one, come all;" and granted by municipalities to railroads, gentleman from Kent, (Mr. M. C. WAT- we will make a new levy on our propAnd to adopt that medium course which KINS,) and then, whether the amend- erty, and make money by it. shall protect municipalities from ment to the amendment shall be adopt that will be the case also with the danger, and at the same time permit ed or not, I shall vote against the property-holders of any other city or them to render efficient aid. I would amendment and in favor of the section township. ask gentlemen on the one hand not to as it now stands. I believe that ten It is not ten, fifteen, or twenty per strike out this section, and leave the per cent. is as low as any minority cent. upon the present valuation of the Legislature to do as they choose, under could ask, or as low as any person in property which the people pay. They whatever influences might be brought any city or township could ask to have pay so much; but they pay it just as to bear upon them; and on the other their property taxed in aid of railroads. they would pay for the purchase of adhand not to put in an absolute restric- As has been well remarked, the amount ditional advantages for the improvetion of any such aid, because in my which will be fixed here, whether it be ment of their property, in order to inopinion that would be very injurious ten per cent. or twenty per cent., or crease the value of it. And they buy to the people of the State, and in my whatever it may be, will not be that that improvement and that increase of humble judgment would endanger the amount of the real valuation of the value at a very cheap rate; they buy adoption of this Constitution. property. Neither will it be the amount it at less than fifty per cent. of its acMr. LONGYEAR. The amendment or the per cent. upon the value of the tual worth to them; and so it is throughnow under consideration proceeds upon property as it will be, when the money out the State. Therefore, I say, in the the assumption, that some provision of has been judiciously expended, and the first place, that ten per cent. is a mere this kind, authorizing the Legislature improvement has been made. pittance of the present valuation, when to make provision for townships and The gentleman from Cass, (Mr VAN you come to take into consideration cities, to grant aid to railroads, should RIPER,) made an allusion the other day the fact that that present valuation is be inserted in the Constitution. I shall in his argument which I think was a only about one-quarter of the actual not, therefore, upon the consideration very unfortuate one for his case. He valuation of the property. And also, of this amendment, make any remarks alluded to the city of Lansing as being that by the expenditure of this ten per in regard to the question, whether already placed under obligations to the cent. the actual valuation is in its turn there ought be such a provision in the amount of twenty per cent. for the pur- doubled, trebled, and quadrupled. It Constitution. This provision relates pose of aiding in the construction of will be seen that it is the merest pitsimply to the amount of aid to which railroads. I do not now recollect the tance in the world, which any man will cities and townships shall be restricted; exact amount for which the city of have to pay upon his property. Whenand I shall, therefore, confine what Lansing has issued bonds. I think it ever it is within the reach of these profew remarks I have to make to that was ten per cent. for the Jackson, Lan-jected railroad improvements, he can question alone. sing and Saginaw Railroad, and I think afford to pay that amount, and not feel I am not in favor of granting the it is liable also to a six per cent. county it at all, except, perhaps, in the enLegislature unrestricted authority tax for the same object, making sixteen hancement of the value of his properupon this subject. I believe it should per cent. This city has also voted some ty. Therefore, if there is any change be restricted to some fair and just five or ten per cent. for other objects, at all made in this provision, I believe amount. I think this restriction is making altogether some thirty or forty it should be made upwards and not due to minorities in those cities and per cent in all for such purposes. But downwards. Mr. VAN RIPER. When the comtownships where this aid may be de- the bonds are not all yet out. Now, sired. There is some force in the let me say to gentlemen of this Con- mittee of the whole had under considobjection which has been made by vention that, so far as the city of Lan-eration the article entitled, "finance gentlemen of this committee here, and sing is concerned, its bonds are, and and taxation," I offered a substitute by persons outside of it, that this have been, paid twice and thrice over for one of the sections, prohibiting authority to grant aid to railroads by the increased value of the property townships from voting aid for railroad places the minority in the power of the here. City lots which, before this rail- purposes. In the argument I made at majority in cities and townships. I road project was carried out, were sell- that time, in all the points which I ensay there is force in that objection, if ing here for two hundred dollars each, deavored to establish, and by which I the authority is to be unrestricted. are now selling readily for four, five intended to present to this Convention it There is no force in it as a principle, and six hundred dollars. This is a fact my views in relation to that matter, and it only gains force when we leave which is notorious to any gentleman was my object to show that I was the power unrestricted, when we leave who understands the value of prop- utterly and totally opposed to any the minority in the power of the ma-erty here. To what can you at- attempt to levy any tax for the purpose

132

CONSTITUTIONAL CONVENTION.

says that five per cent. would be whether majorities Y

Tuesday,

in towns and mu- from Tuscola, (Mr. HUSTON,) that propenough, taking the whole country to-nicipalities have or should have the erty is not assessed to its full value. gether, to build all the railroads which right to vote away the property of mi- We all understand that I believe. He are necessary, or which are required. norities, where a simple majority or says it is assessed at from one-half to That may be true. If you were to bare majority are in favor of making one-quarter of its full value. And he build a railroad through the southern appropriations for the benefit of some also adds that only about one-half of portion of the State, the thickly settled railroad, while almost as many in the the property of the State is assessed portion, five per cent. would be all that same locality are opposed to it. It is at all. Now, I disagree with him there. would be required to build the road. a question whether the majority should It may be that the property is not asI suppose that the people living near have the right to vote away the prop- sessed at its full cash value; but I bethe proposed line of road, in such a erty of the minority for that purpose. lieve that most of the property is ascase, would be willing to pay whatever I understand there are quite a number sessed. And this tax to be levied for was required to insure the building of of gentlemen in this Convention who railroad purposes will be assessed on the road. But if you were to build a are opposed to the whole plan. It has the property which is assessed for other railroad through the northern portion been a question with me whether it purposes. Now, take a community of the State, then five per cent. would was right. But under the circumstan- where they are anxious to vote the not be enough. And it is through the ces, taking all things into consideration, highest tax they can to aid these railnorthern portion of the State, through I am in favor of allowing this to be roads, it is very possible that property the newer portions, that the railroads done, but within a fixed limitation. there may be assessed at perhaps it full hereafter are mostly to be built. The Twenty per cent., I think, is altogether value. more densely populated portions of the too high. I am inclined to think that State have their railroads now; and if ten per cent. is too high. I, therefore, they should want more, then five per have offered an amendment to reduce cent. would be enough for the purpose. all aid to five per cent. But it is not enough for those who live in the northern part of the State, and they ask for more. They are willing to be restricted within proper limits and proper bounds.

would to an a

Then, again, it is not probable that all the railroads now projected in this State will be built; it is very possible that many will be commenced and prove failures. Although there is a restriction as to the time when the bonds may be issued, still still it i is very

done.

It is argued that five per cent. will produce but a small sum, and that in the newer.towns it will not be sufficient to enable them to secure the construc- possible that in some cases the aid tion of these roads. Now, sir, I do not which is voted to be paid by issuing There has been a great deal said believe it will raise a sufficient amount bonds, when a certain amount of labor about the people of this State, and to build railroads. I do not believe shall have been performed on the road, about the Legislature last winter being railroads are to be built through this will be used in order to grade the wild upon the subject of railroads. I State in all directions by the inhabit-road; and that is the first thing that believe that the people are competent ants along the line of the road. I sup- will be done on the road. I think conto judge what they really want. But pose all that will be asked will be that tractors can take the contract of gradin order to do away with any objections they should be allowed to do something ing these roads, and agree to receive which may be raised in the thickly set- for the road, but it is not expected that their pay in the bonds which are to be tled portions of the State, that twenty they will be able to build and equip issued by the townships. For instance, per cent. or forty per cent., or any the road entirely themselves. I am in- suppose the bonds are to be issued amount more than ten per cent., would clined to think that never will be done when the road is graded, and the ties be too large an amount; one which in this country; that railroads are placed on the line of the road; a perthe people into voting always aided more or less by foreign son may contract to grade the road against Constitution, I would be or outside capital. The towns in the and place the ties on the line of the willing to limit the amount to ten per newer portions of the State, as a mat-road, and receive his pay in bonds cent. I believe that is a reasonable ter of course, cannot raise as much as which are to be issued when that is amount; that no portion of the State the towns in the the older and richer can find any fault with limiting the portions of the State. But by fixing I think if we allow the power to be amount to ten per cent. If we should this limit at five per cent., will they not exercised by these municipalities on limit it to five per cent, I think we be allowed to raise all that they are the line of these roads to vote aid, they would be virtually depriving the peo- really able to pay? should be restricted to a small amount. ple in the northern part of the State There are many things that in them- I agree with the gentleman from St. of any benefit to be derived from any selves are very desirable. It is very Clair, (M CONGER,) that we should such provision as this. I am, therefore, desirable in the newer portions of the adopt a medium in this matter. His in favor of increasing rather than re- State that they should have good wagon medium is ten per cent.; I prefer five ducing the limit named here; but I roads. But they cannot get them in a per cent, for I think five per cent. will vote against both the pending day, or in a year; it takes time to make enough. I think the people will be propositions, and adhere to the origin-them. And it certainly cannot be ex- satisfied with that amount, at all events al section. pected that they can build railroads when they come to pay the tax which Mr. M. C. WATKINS. This section, immediately through the newer por-will be necessary to enable them to pay as it was to be expected, seems to elicit tions of the State, unaided by foreign their bonds and the interest on them. a great variety of opinion. There are capital. But they can do something, In view of what has transpired in this extremes here; some are in favor of and five per cent. will allow them to do State during the past year, in view of entire prohibition; others would leave something. If the road is a merito- what was done in the Legislature last the matter open to the Legislature as rious one, and the prospect is that it winter, I think it is shown conclusively it is in our present Constitution; others will be a paying investment, capital that the people in some communities would fix a very high limit, as high as from other places will come in, and the are-I was going to say crazy, but pertwenty per cent.; others again would road will be built with but little aid haps that is not the proper term-they fix ten per cent., and some are in favor from the towns along the route of the are certainly very anxious to build of five per cent. There is a question, road. railroads. It is my opinion that, if the and it is rather an important one, several bills passed by the Legislature

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But it was said by the gentleman