Lexington wheatfield. (Lexington, Or.) 1905-19??, December 20, 1906, Image 7

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    Proposed Oregon Tax Law
(Continued from last week)
(Assessor to give notice of meeting of
board of equalization.)
Ruction 3(1. That section 3000 of the
Codes and Statutes of Oregon, compiled
and annotated by Hon. CharleH B. Bel
linger ami William W. Cotton, bo and
the mime hereby is amended to read us
follows:
Each assessor shall give three weeks'
public notice In some newspaper print
ed In IiIh respective county; if there be
no such newspaper, then by posting up
notice In six conspicuous places in his
county, setting forth that on the first
Monday In October the board of equali
zation will attend, at the court-house
In his county, and publicly examine the
nsssesment rolls, and correct all errors
in valuation, description, or qualities
of lands, lots, or ot her property assessed
by such assessor; and it shall be the
duty of persons interested to appear at
the time and place appointed. l'rool
of such notice, if published in a news
paper, shall be made by affidavit as pro
vided by law, filed with the clerk of the
county where the newspaper is printed,
on or before the first Monday in Octo
ber in the year when such notice is
printed; if such notice be posted, proof
'thereof shall bo made by the aflidavit
of the assessor or his deputy, setting
out the timo, manner, and place of post
ing such notices, filed with the clerk of
the county on or before the first Mon
day in October in the year when such
posting is made.
(OliaiiKfH the dato of meeting of the hoard of
equalization an Hponillod in the notice, from the
last Monday in August to the firm Monday In
Octuher; provide fur perpetuating the fact of
JuriHdictlou of tho board by requiring proof to
lie filed on the kIvIiik of notleu, and preserlb
1 n K the form, suction HOfiO contain laiiKuaj?e
rucitliiK the duty of the board to make correc
tioiiH, utc.wlilch In almost a literal duplicate of
suction WiHO, 11. & C. Comp. Thin lias been
omitted an not properly belonging in anuction
which merely prescribes what notice shall be
given of the meeting.)
Word "assessor" Bhall include his
deputy.)
Section 37. The word "assessor," as
used in this act, shall be taken to in
clude his deputy.
(New)
(County court may appoint special as
sessor in event of failure of assessor
to act.)
Section 38. In event of the fail
ure of the assessor to commence or con
tinuously and vigorously prosecute the
making of the assessment in the manner
provided by law, the county court may
summarily appoint a special assessor,
who shall qualify in the same manner
as the assessor, and who shall have all
the duties, rights, privilgees, and emol
uments of the assessor in making the
assessment for the current year, and
whose acts shall have the same effect as
if the same had been done by the as
eessor. (Intended to provide a way to escape from
the situation in which one county of the Btate
found Itself in l'joa, when the assessor did not
make th assessment and the county court
undertook to appoint a deputy who actually
made the assessment. The validity of the assess
ment was assailed by heavy taxpayers, but has
not yet been determined. This contingency may
occur in any of the counties of the state, and the
public should not be prejudiced by the failure
of an assessor to act as neither mandamus nor
removal from oftice would give speedy and ade
quate relief as against a recalcitrant assessor.)
(Repealing section.)
Section 39. That sections 2709,
2710 , 3041, 3042, 3044, and 3059 of
the Codes and Statutes of Oregon, com
piled and annotated by Hon. Charles
B. Bellinger and William W. Cotton,
be and the same hereby are repealed.
That all acts and parts of acts in con
flict herewith be and the same hereby
are repealed.
(1. Sections 2709 and 2710 have long been
obsolete; they provide for the assessment and
collection of taxes, and equalization by the
city and its officers. Compare section 8008.
2. The assessors of the state in annual conven
tions have twice recommended the abolition of
the tl noli tax. or ita transfer to the S3 road
poll tax. 8. Laws of 1903, page 286, covers
the same ground as section 304; and see sec
tion 6 of this act. 4. Section 3044 is included
in section 8056, providing for the assessment of
all lands, which, pt course, includes that ot
corporations. 6. Section 8059 is merged with
section 8070 in drafting section 23 of this act.)
(Saving clause as to assessment for cur
rent year.)
Section 40. ' That, notwithstanding
anything to the contrary in this act
contained, the provisions hereof shall
not apply either as to the property sub
ject to assessment or the mode of assess
ment thereof, to the assessment which
but for this act would be made in the
year 1907 upon the basis of ownership
and valuation of property March 1,
1907 ; but the statutes which have here
tofore been in force shall continue in
full force as to the assessment for that
year until all things in and about the
same, necessary to a valid assessment
for taxation, shall have been done as
fully as if this act had not been enacted
A BILL.
For an act to provide a more efficient and
equitable system for the assessment of bank
stocks, shares and banking capital for taxa
tion; to define what bank stocks, shares, and
banking capital shall be subject to assessment
and taxation, to whom assessed and taxed:
to define the duties of the county assessor
in reference to the assessment of the same;
to prescribe the manner of determining the
cash value of such banking stock, shares, and
banking capital; to prescribe the duties of the
companies, corporations, associations, copart
nerships, and persons subject to the pro
visions of this act, and the cashier, manag
ing officer, or accounting officer of either of
them; and to provide penalties for the vio
lation of such duties; to create a charge for
the payment of taxes on dividends, stock,
shares, and banking capital; to provide for
the sale to pay delinquent taxes thereon of
shares, stocks, and other interests; to amend
an act entitled "To fix the place of assessing
national bank stock and private banks, loan
and trust companies," approved February 24,
1003: to repeal sections 8042, 8008, 8004,
8005, 3007, and 8008 of the Codes and Stat
utcs of Oregon, compiled and annotated b;
lion. Charles B. llellinger and William
Cotton, and to repeal ail acts and parts of
acts In conflict herewith
Be It enacted by the people of the
state of Oregon;
(Assessment and, taxation of stock and
shares in national and state banks.)
Section 1 . The stockholders or share
holders of every corporation bank locat
ed within this state, engaged princi
pally in the business of banking, lend
ing money, receiving money on deposit,
buying or selling bullion, bills of ex
change, notes, bonds, stocks, or other
evidences of indebtedness, a view to
profit, whether such bank be organized
for banking purposes under the laws of
this state or of the United States, shall
be assessed and taxed on. the value of
their shares of stock therein. Such
shares shall be assessed only with re
gard to the ownership and value thereof
on the first day of March, at the hour
of 1 o'clock a. m., in each year, at the
place required by law. '
(Statement to bo furnished assessor by
cashier or accounting officer.)
Section 2. To aid the assessor in de
terming the value of such shares of
stock, the cashier or other accounting
officer of every such bank mentioned in
the first section of this act is hereby re
quired to furnish a statement to the as
sessor of the county where the same is
located, between the first day of April
and the fifteenth day of May in each
year, verified by oath, showing the
amount and number of such shares of
the capital stock of such bank, the
amount of its Burplus or reserve funds,
and the amount of its undivided profits
at the hour of 1 o'clock a. m. of the
first day of March preceding, the actual
and cash value of all real estate owned
by it in this state, or elsewhere, and
the location of the same ; also the cash
value of the securities of the United
States owned by it.
(Ascertainment of value of stock De
ductions for real estate and exempt
property.)
Section 3. Real estate owned by
such bank and situate in this state
shall be assessed and taxed as other
real estate is assessed and taxed. The
assessor shall deduct the amount of all.
investments in real estate from the ag
gregate amount of such capital stock,
surplus fund, and undivided profit, and
the remainder shall be taken as a basis
for the valuation of such shares of stock
in the hands of the stockholders sub
ject to the provisions of law requiring
all property to be assessed and taxed at
its full and actual cash value.
(Shares of national banks not located
within state exempt.)
Section 4 . The shares of capital
stock of national banks not located in
this Btate, held in this state, shall not
be required to be assessed or taxed
(Bank to keep and furnish, list of stock
holders.)
Section 5. In every bank and bank
ing office mentioned in section 1 of this
act there shall be kept at all times a
full and correct list of the names and
residences of stockholders, owners, and
parties interested therein, showing the
number of shares and the amount held,
ownea, or controlled. Dy eacn party in
interest, which list shall be subject to
the inspection of the officers authorized
to assess propeity for taxation. It
shall be the duty of the cashier or other
accounting officer of each bank or bank
ing institution to furnish the assessor
with a copy of such list annually, be
tween the first day of April and the fif
teenth day of May in each year, show
ing the facts in this section specified as
of the hour of 1 o'clock a. m. on the
first day of March previous.
(Assessment of foreign banks, etc., and
local companies and persons not prin
cipally engaged in banking.)
Section 6. Every company, associa'
tion, building and loan association,
trust company, or other corpora
tion, joint stock company, or copart
nership, or person, not incorporat
ed for banking purposes under the
corporation laws of this state or of
the United States, who shall keep
an office or place of business and engage
in the business of banking, lending
money, receiving money on deposit,
buying selling bullion, bills of exchange,
notes, bonds, stocks, or other evidences
of indebtedness, with a view to profit;
and it is hereby made the duty of the
cashier, managing officer, and account
ing officer of every company or associa-
tion, including building and loan and
trust companies, incorporated under
the laws of this state which engages in,
but not as its principal business, the
business of banking, lending of money,
the receiving of money on deposit, buy
ing and selling bullion, bills of exchange,
notes, bonds, stock, or other evidences
of indebtedness, with a view to profit,
between the first day of April and the
fifteenth day of May in each year, to
make out and furnish to the assessor
statement, setting forth and showing
such reference to such banking business
in this state on the first day of March
of the current year at the hour of
o'clock a. m.:
1. The amount of money on hand and
amount of money in transit.
2. The amount of funds in the hands
of other banks, bankers,' brokers, or
others subject to draft.
3. Tho ainountt of checks or other
cash items not included in any of the
preceding items.
4. The amount of bills receivable,
discounted, or purchased, and other
credits due or to become due, including
accounts receivable, intereHt due and
unpaid; also the value of such bills re
ceivable, notes, and credits.
5. The amounts of stocks and bonds
of every kind, and shares of every kind,
and shares of the capital stock or
joint stock or other companies or
corporations held as an investment,
or in ary way representing assets,
showing and deducting therefrom se
curities of the United States and other
such stocks, bonds, and shares which
are exempt from taxation, if any, and
also showing those subject to taxation,
and the amount of each ; also showing
the value of such bonds, stocks, and
shares.
6. All other property pertaining to
its business other than real estate
(which real estate shalfbe assessed and
taxed as other real estate is' assessed
and taxed).
7. The amount of deposits.
8. The aggregate amount of the above
first, second and third items shall be
listed, and the aggregate amount of the
taxable property embraced in the fourth,
fifth and sixth items "above shall be
listed, and from the aggregate sum of
said first, second and third items, and
the aggregate sum of the taxable prop
erty embraced in the fourth, fifth and
sixth items, there shall be deducted the
amount of the above seventh item, and
the amount remaining shall be assessed
to each company, association, or person
at its full amount as money and credits,
the same as other property is assessed,
at the place required by law.
(Taxes to be a charge on dividends,
stock and banking capital Sale for
tax.)
Section 7. To secure the payment of
taxes on bank stocks or shares, or upon
banking capital, such taxes are hereby
made a charge upon said shares of stock
or banking capital or interest against
which the said taxes are assessed and
levied, and upon any dividend or divi
dends thereon. It shall be the duty of
every bank, or the managing officer or
officers thereof, to retain so much of
any dividend or dividends belonging to
such stockholders, shareholders, or
owners as shall be necessary to pay any
tax assessed and levied upon their
shares of stock or interest respectively
until it shall have been made to appear
to such bank or its officers that such
taxes have been paid. Any officer of
any bank who shall pay over, or autho
rize the paying over, of any such divi
dend or dividends, or any portion there
of, contrary to the provisions of this
section, shall thereby become liable for
such taxes. If such taxes shall not be
paid before the same become delin
quent, on or immediately after the first
Monday in May in each year, the tax
collector of the county where such bank
is located shall proceed to sell such
share or shares, stock, or interest to
pay the same, together with interest,
accruing interest, penalties, and other
lawful charges, in the same manner
other personal property is sold for de
linquent taxes, and In case of such sale
the provisions of law in regard to the
transfer of stock when sold on execution
shall apply to such sale.
(Penalty for neglect or refusal to furn
ish statement required.)
Section 8. The cashier, managing or
other accounting officer of any company,
association, copartnership, or person
who shall neglect or refuse to make and
furnish any statement required by this
act of such person or such company, as
sociation, copartnership, or persons,
within the time and in the manner by
this act provided, shall forfeit the sum
of $1,000 for each offense, to be recov
ered by indictment, for the use of the
county in which said bank is located.
(Penalty for making or furnishing false
or fraudulent list or statement.) i
Section 9. The cashier, managing or
other accounting officer of any company,
association, copartnership, or person
who shall willfully present to or furn
ish the county assessor with any state
ment required by this act, which state
ment shall be false or fraudulent, shall
be deemed guilty of perjury, and upon
conviction thereof, shall be punished
by law as otherwise provided for such
crime.
(Repealing clause.)
Section 10. Thatsections 3042, 3063,
3064, 3065, 3067 and 3068 of the
Codoes and Statutes of Oregon, compil
ed and annotated by Hon. Charles B.
Bellinger and William W. Cotton, and
all acts and parts of acts 'in conflict
herewith, be and the same hereby are
repealed.
(To be continued next week)
Stealing a March.
"Ilang it all I" exclaimed Mr. Sububs,
arriving home from the office, "we'll
have to call on the Dubleys to-night."
"Why, George, you said you wanted
to stay home with me In comfort to
night," exclaimed bis wife.
"Yes, but Dubley told Balklotz he and
his wife meant to call on us 'to-night.
We can leave their house earlier thaa
we could make them leave ours."
Philadelphia Press.
IMPROVE COAL LAW
Congress Will Endeavor to Help
Situation This Session.
MANY DEFECTS IN PRESENT LAW
Was Passed for Benefit of Individual.
Who is Unable to Work Land
After Taking It.
Washington, Dec. 15. Strenuous
efforts will be made at the present ses
sion of congress to secure the repeal or
modification of the coal land law along
the lines recommended by President
Roosevelt in his message. That some
thing will be accomplished seems quite
probable, but what form of law will be
substituted for that under which gi
gantic frauds have been perpetrated has
not yet been made apparent. The in
fluence of the administration will be
behind a bill proposing to cut off fur
ther sales of government coal land,
though permitting them to be worked
by individuals or companies on a royal
ty plan.
The president, like every other prac
tical western man, knows that the ex
isting coal land law is not sensibly
framed. That law was built on the
theory that the individual could take
up and develop a quarter section of coal
land, just as the honpestead law gives
the individual a like area of agricultur
al land. But no individual can develop
a quarter section or a whole section of
coal land. He could not afford to in
stall the necessary machinery, or . if he
could, his profits on a quarter section
would not recompense him for the out
lay. Moreover, no railroad would think
of building a spur onto an isolated
quarter section of land and the owner
of the land could not afford to assume
that expense. So the individual with
a quarter section of coal land in his
possession would have a white, or rath
er a black, elephant on his hands. The
mineral wealth might be there in
abundance, but he could not get it out
and could not get it to market.
How to cure this evil is a question
for congress to decide, and some solu
tion is likely to be forthcoming this
winter. Some favor a change in the
law increasing the area of coal land
that may be purchased by individuals
or by companies or corporations to such
size that they can profitably invest and
put the coal on the market. These men
would increase the price of coal land so
that the government would reap a larg
er benefit from the sales.
EVILS OF CHILD LABOR.
Miss Adams Declares America
Class with Russia.
Is In
Cincinnati, Dec. 15. Before the first
session of the child labor , convention
here last night, Dr. Felix Adler, chair
man of the national child labor com
mittee and professor of political and so
cial ethics m Columbia university,
spoke on "The Attitude of Society To
ward the Child as an Index of Civiliza
tion." Professor Adler spoke of the
inadequacy and inefficiency of state laws
and urged the necessity for a national
law to furnish a background for effective
state and local activity and make the
enthusiasm of the people contagious in
its effect on local bodies, thus inducing
greater efforts for the child and a more
glorious future for the republic.
Addresses by Miss Jane Adams, of
Hull house, Chicago, and United States
Senator Beveridge followed. A resolu
tion was adopted emphasizing the be
lief that it is the duty of the several
states to correct evils of child labor in
local manifestations, . but indorsing
"cordially the principle of the Bever-idge-Parsons
bill for a national child
labor law."
Miss Adams urged the desirability of
uniform legislation against the evils of
child labor, and declared that the cen
sus reports show America behind every
European country except Russia in so
far as child labor and its effects are con
cerned. ' '
Urges Immediate Action.
Washington, Dec. 15. Senator Flint,
of California, talked with the president
today about the break in the Colorado
river, which has resulted in such a dis
astrous flood in Imperial valley, Cali
fornia. When he asked that proper
representations be made to Mexico, with
a view to securing financial redress for
those persons whose property had been
injured, the president told him that the
State department had already addressed
a note on the subject to the Mexican
government, but that thus far no reply
had been received.
Why l Lumber, Costly?
Washington, Dec. 15. The house
today after some discussion, adopted
a resolution of Mr. Miller, of Kansas,
authorizing the secretary of Commerce
and Labor to investigate the cause of
the high price of lumber in tho various
stages of manufacture and sale, with
the object of ascertaining whether pres
ent high prices are the result of a trust.
SHOWS BIG DEFICIT. '
Postal Department Runs Behind $10,
616,995.94 in Year.
Washington, Dec. 11. The annual
report of Postmaster General Cortelyou
shows receipts for the past vear were
$167,932,782.95, while expenditures
were $178,449,778.89. The deficit is
$10,516,995.94.
Th postmaster general discusses the
deficit but says he is less concerned
about that than about the efficiency of
the department. He attributes the
failure to show a profit to the growing
public demand for increased postal fa
cilities. The deficit is not charged to
any one branch of the service.
The remarkable efficiency of some
departments is commented upon, par
ticularly of the registry service. For
half a century all causes of loss, in
cluding burglary, theft and fire, have
shown a loss of only three one-thousandths
of 1 per cent. Mr. Cortelyou
recommends that a deputy postmaster
general be appointed, who shall relieve
the burden borne by the postmaster
general and his four assistants. The
department has 320,000 persons in its
employ and it is recommended that the
deputy's position be made permanent
and that he shall be general manager of
the postal service. Greater accuracy in
statistics is recommended and Mr. Cor
telyou asks that provision be made for
expert statisticians and accountants.
The congestion of mail in New York
City is indicated and attention called
to the new postoffice building, a site for
which has been acquired at the pro
sed terminal station of the Pennsyl
vania railroad.
PRESIDENT CASTRO ILL.
Chief Executive of Venezuela Removed
to Seacoast Town on a Bed.
Fort de France, Martinique, Dec. 11.
Reliable advices here from Venezuela
set forth that President Castro was
moved down to the little seacoast vil
lage of Macuto, near La Guayra, last
week. The president is described as
being very ill. He made the trip from
Caracas in a bed. When he arrived at
Macuto, he appeared to be absolutely
unconscious. It is generally believed
that he has no chance of recovery.
Violently worded posters have been
circulated in Caracas declaring that no
one is today deceived regarding the
gravity of President Castro's illnesB,
and insisting that the exercise of the
executive power be assured through a
vice president, which is provided for in
the constitution. For a long time
past the poster continued, only routine
government matters have been attended
to, and important questions are being
hel in abeyance.
General Parades, an ex-revolutionists,
now in exile, is organizing a seri
ous insurrectionary movement, and de
clares that he will soon take the field.
He claims to have 15,000 rifles at his
disposition.
FROM PRESIDENT'S VIEW.
Gives Reasons for Dismissing Former
Ambassador Storer.
Washington, Dec. 11. President
Roosevelt tonight made public a long
letter addressed to Secretary Root, giv
ing correspondence between the presi
dent and ex-Ambassador Bellamy Stor
er, in which he says that Mr. Storer's
refusal to answer his letters and the
publication of various private letters
justified the ambassador's removal;
that Mr. Storer's publication of private
correspondence was peculiarly ungentle
manly and that he (the president) had
stated with absolute clearness his posi
tion, the reason why it was out of the
question for him as president to try to
get any archbishop made cardinal,
though expressing his admiration for
Archbishop Ireland as well as leaders
of other denomination.
The president's action follows the
publication of a "confidential pamph
let" which Mr. Storer last week sent to
the president, the cabinet and the sen
ate and foreign relations committee.
Shinamura in Command.
Victoria, B. C, Dec. 11. The steam
er KaguMaru brought news that Ad
miral Shinanmura will probably com
mand the Japanese squadron, consisting
of the cruisers Matsushima, Itsuku
shima and Hashidare, which will leave
Japan next month for Honolulu, San
Francisco and the Puget sound. The
vessels will be commanded respectively
by Captains Nawa, Nomaguichi and
Yamagata. Reports are current that
Rear Admiral Tomerka, president of
the Yetajima naval college, may also
accompany the fleet.
Sampans Sunk in Squall.
Tokio, Dec. 11. A number of sam
pans (small harbor boats) belonging to
the Japanese cruiser Chitose were sunk
in a squall here today while she was
returning from a trip. A number of
the boats were overturned and 60 men
were drowned.