Grand Rapids Herald-Review Newspaper, October 30, 1912, Page 8

} | | } j HIS TROUBLES MANY. |: Gabriel Noradanghian, Tur- key’s Foreign Minister. Photo by American Press Association. TURKS FACING STARVATION Garrison at Scutari Cut Off Fror- Supplies. Vienna, Oct. —The Montenegrin troops have cut off-supplies from the Turkish forces in Scutari, where pro visions already were scarce, according to a dispatch to the Reichspost from Seutari by way of Alessio. The Montenegrins occupy the heights of Busate, Rogame and Caztani, all of which overlook Scutari, and they have entrenched themselves there witb a strong force of artillery. The Malissori tribesmen again at tacked the Turks to the east of Scu- tari, but were repulsed after ten hours’ fighting. The Turkish commander at Scutari is trying to induce the Mirdito tribes- men to attack the Montenegrin troops from the south so that the road to the port of Alessio could be used as a line of retreat for the Turkish army in case of necessity. FALSIFIED BOOKS TO SHIELD WOMAN Bank Cashier's Sentence Com- muted by President. Washington, Oct. 30.— President Taft commuted to expire on Dec. 23 the five-year sentence of J. Otis Wil- son, who pleaded guilty June 14 to making false entry in the books of the People’s National bank of Salem, N. Y., of which he was cashier. Wilson went to the penitentiary for am act to oblige a woman friend of his wife, committed with no intention to defraud. It was this fact that led President Taft to order his release in time to be home for Christmas, al- though he will have served only a lit- tle more than six months of his sen- tence. Mrs. Wilson’s friend was a business woman of Salem, who overdrew her account. To give her an opportunity toe replenish her deposit and prevent the officers of the bank from knowing of the overdraft Cashier Wilson made @ false entry on the books. FARMERS FIGHT PRAIRIE FIRE Use 200 Horses in Plowing Breaks to Stop Conflagration. Mitchell, S. D., Oct. 30—Three hun- @red farmers, driving 100 teams, la- bored for hours before they finally placed a prairie fire that started on ‘the farm of the Wopshall brothers in- der control. The flames were not extinguished until they had burned over fifteen square miles of territory and destroyed a considerable quantity ef grain and hay. The Wopshall brothers, who were the heaviest losers, had started to burn stubble on their farm when a strong wind sprang up and the fire as soon beyond their control. Estimated Vote is Large. Washington, Oct. 30.—Approximate- ty 15,815,000 men and 630,000 women im the United States will cast ballots fm the presidential election. This es- timate was made by the census bu- feau and represents as close an ap proximation as it is possible to make im advance of the election itself. Reduction in Rates Ordered. San Francisco, Oct. 30.—The Cali- fornia state railroad commission has ordered a reduction of passenger fares on the Southern Pacific railroad, which will effect a saving of about $300,000 annually to commuters along the San Francisco peninsula. mendments -TO THE- Constitution -OF- Minnesota HY t -BY- The Legislature General Session 1911 rm | And a Ratification of the ‘Tax On Gross Ear- nings Of Rail- roads PROPOSED --BY THE Extra Session of 1912 OFFICE OF THE ATTORNEY GENERAL. St. Paul, Minn., July 8, 1912, Hon. Julius A. Schmahl, Secretary of State, Capitol. BIR: As required by Section 25 of the Revised Laws, and Amendment, I have the honor to furnish you herewith a statement of the pur- epg and effects of the respe ive amendments to the Constitu- tion of the State of Minnesota, Proposed by the Legislature of 911, which are to be submitted to the electors of this oe at the general election in 1912. have also furnished a_state- ment of the purposes and effect of the law proposed by the Legisla- the extra session of 1912, known as Chapter 9, Laws of 1912, relating to the taxation of railroad companies, which, under the Con- stitution of the State, must be sub- mitted to a vote of the people of the State, n be adopted and ratified by a majority of the elect- ers of the State voting at the election, before such Chapter 9 shall take effect or be in force. AMENDMENT NO. I. Increased Road Fund. Chapter 390 of the General Laws of Minnesota for 1911, proposes to the peo- proval er rejection, an amendment to Section of the Constitution. ple of this state, for their 46 of Article 9, This Seetion yw reads as follows: “Section 16. For the purpose of lending aid in the construction and improvement of public highways and bridges, there is hereby creat- ed a fund, to be known the ‘state road and bridge fund,’ said fund shall include allt moneys accruing from the income derived from investments in the internal improve- ment land fund, or that may here- after accrue to said fund, and shall also include all funds accruing to any state road and bridge fund, however provided. “The legislature is authort: add to such fund, for the purpo: constructing or improving roads and bridges of this state, by pro- viding, in its discretion, for an annual tax levy upon the property of this state of not to exceed in any year one-fourth (%) of one mill on all the taxable property within the state. “Provided, that no county shall ‘receive in any year more than three (3) per cent or less than one- half (%) of one (1) per cent of the total fund thus provided and expended during such year; and provided, further, that in no case shall more than one-half (%) of the cost of constructing or improving oad or bridge be paid by the State from such fond” This Section, if amended, will read as follows: “Section 16. For the purpose of lending aid in the construction and improvement of public highways and bridges, there is hereby created a fund, to be known as the ‘state read and bridge fund,’ said fund shall include all moneys accruing from the from after accrue to said fund, and shall © #lso include all funds accruing to amy state road and bridge fund, however provided. “The legislature is authorized to add to such fund, for the purpose of constructing or improving roads and bridges of this state, by provid- ing, in its discretion, for any an- nual tax levy upon the property of this state of not to exceed in any year one mill on all the taxable property within the state. Provided, that no county shall receive in any year more than three (3) per cent or less than one-half (%) of one | (1) per cent of the total fund thus provided and expended during such year.” | PURPOSE AND EFFECT. The appro- | val of this amendment will authorize the Legislature to levy, im its disere- tion, a one mill tax upon all the prop- erty of this state for the benefit of the roads and bridges therein; and will) repeal certain limitations as to the amount which may be paid by the state for such roads and bridges. ¥ The present constitution authorizes the Legislature to add to the road and | bridge fund by providing, in it, disere- tion for an annual tax levy upon the property of this-siate not to exceed one- fourth (%4) of one (1) mill, while the amendment permits the Legislature, in its discretion, to provide for an 7 tax levy of one (1) mill on all taxable’ Property within the state. The present constitution provides that im no case shall more than one-half | (34) of the cost of constructing or | improving any road or bridge be paid | by the state from such fund. The | amendment proposes to remove the lim- | itation which now exists in the cons tution as to the amount which the state | may pay for such fund towards the cost of constructing or repatring any round or bridge and leaves the whole | management of such fund to be provid- | ed for by law, as the Legislature shall | deem wise. AMENDMENT NO. II. Insurance of Crops. By this amendment ft is proposed to add an entirely new section to Article | 9 of the Constitution, to be known as | Section 17, and which shall read as | follows: | “The legislature may provide for the payment by the State of Minne- | sota of damages to growing crops by hail and wind, or either, and | to provide a fund for that purpose, including the necessary expenses 0: | Biving effect to this act, may im- | pose a specific tax upon lands the owners of which, at their option, have listed the same with county auditors for that purpose, and no ayment shall be made of any such famages except from the fund so provided.” PURPOSE AND EFFECT. This amend- ment, if adopted, will authorize the state to act in the collection and dis- bursements of a fund for the payment of damages to growing crops by hail or wind, or either. This fund is to be created and maintained by a specific tax imposed by the legislature upon the lands of such persons only as shall voluntarily list the same with their respective county auditors for that pur- pose. Under it, there could be no tax for such purpose imposed on the lan | ef any owner who does not consent | thereto. The legislature is also author- | ized to include in the fund to be rafbed by taxation of such listed lands the, mecessary expenses of administration of; the law. The adoption of the amend-: ment will authorize the legislature to’ direct that the taxing machinery of the: state be used to levy and collect the tax mecessary to raise such fund, and to provide for the disbursement of same by‘ the officers of the state; but any pay-' ments to be made by the state by reason: of damage by hall or wind will have to| be made from such fund, and from no! ether. In the settlement of any such’ damages, the state would me no Mability beyond the amount of such. fund and could not further be rendered’ able. : PROPOSED LAW RE- LATING TO THE TAX- ATION OF RAILROAD PROPERTIES. CHAPTER 9, LAWS OF 1912. AN ACT providing for the taxation of railroad properties, the collection and times of payment of such tax and repealing acts inconsistent therewith. | Be It Enacted by the Legislature of the State of Minnesota. Section 1. Every railroad eom- pany owning or operating any line of railroad situated within, or py within this state, shall, dur- ing the year 1913, and annually thereafter, pay into the treasury ate, in lieu of all taxes state, owned or opera- ‘Way purposes, by such company, including equipment, ap- purtenances, appendages and fran- sum of money eq' to five per cent of the gross in derived from the opera- tion of such line of railway with- in this state. before August 15, 1913, and annually thereafter, each such shall make, ac- manner pro- wrthe. paver SE. en! a times fore set forth shal] be in full and in ae vd = Seager taxes and as, gessmen @ property ani franchises so taxed; provided moth= fmg in this act shall be construed as modifying any agreement enter- imto between any municipality state and any railroad to the payment Or assessments. acquired by iblic remain Ft % State to the entire mileage over which such business is done, of earnings on all interstate business = through, into or out of the Sec. 3. All acts and parts of acts not inconsistent herewith, regulat- ing the payment, collection, time of payment, enforcement or reports involving the amount of taxes up- on the gross earnings of railroad companies within this state or pro- viding penalties for the non-pay- ment of such taxes, are hereby made applicable to this act so far as may. be, and all acts and parts of acts inconsistent with the pro- visions of this act are hereby re- pealed. Sec. 4. Upon failure to pay the amount of such taxes legally due, upon the respective dates hereinbe- fore set forth, collection thereof may be enforced in addition to ex- isting remedies in a civil action brought in the name of the State of Minnesota in the district court of any county. 5. Before any rajlroad com- Pany shall be heard to contest or continue to contest the validity of this act or any part thereof, such railroad company shall as a condi- tion precedent thereto, pay into the treasury of the State of Min- nesota the amount of taxes due or Payable from such railroad com- Pany under the existing tax laws of this state. Sec. 6. This act shall be sub- mitted to the people of this state fer their approval or rejection at the next generai election for the year 1912. The secretary of state shall cause to be printed in bold type upon the ballot used in voting for on a separate if so provided by law at the said election, in manner con- formable with the requirements of the general election he words, “For increas gross earnings tax of lroad companies from four to five per cent, and pro- viding for the payment of the gross earnings tax semi-annually. Yes.. NO. .ccccecccece And each electio Nl desi @ cross mark made other of the voting at such his vote by voter all respects, c may be, to the rements of general election 12 and the turns of said election sha be made, canvassed certified, and the results the: declared the manner provided by law for return- ing, certifying and _ canvassing votes cast for state officers. Approved June 1912. PURPOSE AND EFFECT. The law law of 1912 above in bold-faced type. The purpose of d September ist This amendment, if adopted, will per- mit the permanent school and univer- sity fund of the state to be invested in first mortgage loans upon improved and cultivated farm lands of the State. This amendment would change Section 6, Aritcle 8, of the Constitution, which mow reads as follows: “The permanent school and uni- versity fund of this state may be invested in the bonds of any coun- ty, school district, city, town or village of this state, but no such investment shall be made until approved by the board of commis- sioners designated by law to regu- e the investment of the perman- ent school fund and the perman- ent university fund of this state; nor shall such loan or investment be made when the bonds to be is- sued or purchased would make the entire bonded indebtedness exceed fifteen per cent of the assessed valuation of the taxable real prop- erty of the county, school district, city, town or village issuing such bonds; nor shall such loans or i debtedness be made at a lower rate of interest than three per cent per annum, nor for a shorter period than five years, nor for e longer period than twenty years, and no change of the town, school dis- trict, city, village or of county Tines shall relieve the real prop- erty in such town, school district, county, village or city in this state at the time of the issuing of such bonds from any liability for tax- ation to pay such bonds.” So as to read as follows: “Section 6. The permanent school and university fund of this state may be invested in the bonds of any county, schoo] district, city, town or village of this state, an in first mortgage loans secured up- on improved and cultivated farm lands of this state. But no such improvement shall be made until approved by the board of commis- loners designated by law to regu- te the investment of the per- manent school fund and the per- manent university fund of this state; nor shall such loan or invest- ment be made wRen the bonds to bi issued or purchased would ma! the entire bonded indebtedness ex- ceed 15 per cent of the assessed valuation of the taxable real roperty of the county. schoo! dis- et, city, town or village issuing such bonds; nor shall any farm loan or investment be made when such investment or loan would ceed 30 per cent of the actual cash value of the farm land mortgaged to secure said investment; nor shall such loans or indebtedness be made at a lower rate of interest than $3 per cent per annum, nor for a shorter period than five years, nor for a longer period than twenty years, and no change of the town, school district. village or county lines shall relieve the real erate in such town, school dis- rict, county, village or city in this state at the time of issuing of euch bonds from any lability for taxation to pay such bonds.” PURPOSE AND EFFECT. The pres< now in force relating to the taxation of | railroad properties is Chapter 253, Laws | of 1903, ratified by the people at the general election of 1904. The only Ian- gunge of the preposed which differs from the old law of 1903 is set forth Under the present law, the taxes upon railroad property are computed at the | rate of four per cent upon the gro earnings of the company owning or op- erating the same. this new law is to change that rate | from four per cent to five per cent and | to make the taxes pa: nually on March ist of each year, instead of annually, as under the exixting law. AMENDMENT NO. III. Mortgage Loans to State. |e the State Constitution shall read as' By this Amendment it is proposed te ‘amend Section 36 of Article 4 of the Constitution, which now reads as fol- lows: Be 4 city or village in this state may frame a charter for its own government as a city consistent with and subject to the laws of this State as follows: The legislature shall provide, under such restric- tions as it deems proper, for a board of fifteen freeholders, who shall shall be and for the past five , years shall nave been qualified vot- ers thereof, to be appointed by the district judges of the judicial dis. trict in which the city or village is situated, as the leg lature may determine for a term in no event to exceed six years, which board shall, Within six months after its ap- pointment, return to the chief mag- istrate of said city or village a draft of said charter, signed by the members of said board, or a ma- jority thereof. Such charter shall ye submitted to the qualified vot- ers of such city or village at the next election thereafter, and if four-sevenths,of the qualified vot- ers voting at such election shall ratify the same it shall, at the end of thirty days thereafter, be- come the charter of such city or village as a city, and supersede any existing charter and amend- ments thereof; Provided, that in cities having patrol limits now established, such charter shall re- quire a three-fourths majority vote of the qualified voters voting at such election to change the patrol limits now established. Before any city shall incorporate under this act the legislature shall prescribe by law the general limits within which such charter shall be framed. Duplicate certificates shall be made setting forth the charter pro- posed and its ratification, which shall be signed by the chief mag- istrate of said city or village and authenticated by its corporate seal. One of said certificates shill be de- posited in the office of tre secre- tary of state, and the other, after being recorded in the office of the register of deeds for the county whiéh such city or village shall be deposited among the ar- chives of such city or village, and all courts shall take judicial riotice reof. Such charter so deposited y be amended by proposal there- made by a board of fifteen com- ioners afore: hed for at least thirty news- papers of gen circulation in such city or villag ccepted by three-fifths of the qualified vot- ers of such city or village voting at the next election and not other- wise; but such charter shall always be in harmony with and subject to the constitution 1 laws of the State of M he legislature may pres duties of the commiss to submitting amendments of charter to the vote f the people, and shall provide that upon application of five per cent of the ijegal voters of any such city or village, by written petition, such commis: Submit ‘to the vote of proposed amendments to such ter set forth in said petition. reeholders above pro and all bility to resignation or re- rporate limits, or of term of office expiration be filled by appointment in the same manner as the original board was created, and said board shall al- Ways contain its full complement of members. It shall be a feature of all such charters that there shall be provided, among other things, for a mayor, or chief magistrate and a legislative body of either one or two houses; if of two houses, at Jeast one of them shall be elected by general vote of the electors. In submitting any such charter or amendment thereto to the qualified voters of such city or village any alternate section or article may be presented for the choice of the voters, and may be voted on separ- ately without prejudice to other articles or sections of the charter or any amendments thereto. The legislature may provide general laws relating to affairs of cities, the application of which may be limit- ed to cities of over fifty thousand inhabitants, or to cities of fifty and not less than twenty thousand inhabitants, or to cities of twenty and not less than ten thousand inhabitants, or to cities of ten thousand inhabitants or less, which shall apply equally to all such cities of either class, and which shall be paramount while in force to the provisions relating to the same matter included in the local char- ter herein provided for. But no local charter, provision or ordin- ance passed thereunder shall super- sede any general law of the state defining or punishing crimes or misdemeanors.” So that sald Section 36 of Article 4 follows: “Section 36. Any city or village in this state may frame a charter for its own government as a city, consistent with and subject to the laws of this tes, as follows: The legislature shall provide, un- der such restrictions as it deems roper for a charter board of not 0 exceed fifteen freeholders, who shall be and for the past five years shall have been qualified ings ed thereof, to be appointed by the judges of the district court of the judicial district in which the city or Village is situated as the legislature may determine for a term in no event to exceed six years, which board shall within six months af- ter its appointment return to the chief magistrate of said city or village a draft of a proposed char- ter, signed by the members of said board, or a majority thereof, and, if the same be not ratified may thereafter in like manner return other draft or drafts of a proposed charter until one thereof shall be ratified as herein provided. Such charter shall be submitted to the qualified voters of such city or village at the next general or special election thereafter, and if a majority of the qualified voters vo ing at such election shall ratify the same, it shall the end of thirty days ther h other time, if any, shall be speci- fied therein, become the charter of such city or Village as a city and persede any existing charter and amendments thereof; provided that in cities having patrol limits now established, such charter shall re- quire a three-fourths majority vote of the qualified voters voting at such election to change the patrol limits now established. Duplicate certificates shall be made —* forth the charter pro- posed and its ratification, which shall be signed by the chief magis- trate of said city or village and authenticated by its corporate seal. One of said certificates shall be deposited in the office of the secre- tary of state and the other, after being recorded in the office of the register of deeds for the county in which such city or village i. shall be deposited among the ar- chives of such city or vi Fe, and all courts shall take judicial notice thereof. Such charter so nape may be amended, or revised, by proposal therefor made by said board and accepted by a majority of the quali- fied voters of such city or village voting at the next general or spe- cial election thereafter; but such charter shal] always be in harmony with and subject to the constitu- tion and laws of the State of Min. nesota. The legislature may _ pre scribe the Guties of said board rel- ative to submitting amendments of such charter to the vote of the p ple and shall provide that upon aj lication of ten per cent of the egal voters of any such city or vil- lage by written petition, such board shall submit to the vote of the peo- ple proposed amendments to such charter set forth in said petition. The board above provided for, shall be permanent and all vacan- cies by death, disability to perform cuties, resignation or removal from | | | | | | | | the corporate limits, or fe fm red of term of office Shalt be by “appointment in the same manner as € original board was created, and said board shall always contain its full complement of members. Any such charter or any amend- ment or revision thereof may pro- vide for the commission form government having legislative an administrative powers, or may rovide for a mayor or chief magis- » and a legislative body of either one or two houses and, if of two houses, at least one of them shall be elected by a general vote of the electors, or it may provide for any other plan or system of municipal government; that the plan or form of govern- ent so adopted shall not violate the constitution of the state as hereby amended. In submitting any such charter or amendment thereto, or revision thereof to the qualified voters of such city or village, any alternative section or article may be presented for the choice of the voters and may be voted on separately without prejudice to other articies or sec- tions of the charter, or any amend- ments thereto or revision thereof. The legislature may provide gen- eral laws relative to affairs of cities, the application of which may be limited to cities of over fifty thousand inhabitants, or to cities of fifty thousand and not less than twenty thousand inhabitants, or to cities of twenty thousand and not less than ten thousand inhabitant or to cities of ten thousand i habitants or less, which shall ap- ply equally to all cities of either class, or if so specified in the law, to all cities in either such class not having charters adopted pursuant to this amendment, but no general law limited to one or more of said classes of cities shall apply to any city existing under a charter framed under this section of the consti- tution unless such general law shall be made applicable to such city by a@ declaration, therein, naming the elty. Such laws shall be paramount while in force to the provisions re- lating to the same matter included in the local charter herein provided or. The legislature shall enact any and all laws necessary or proper to carry into effect the provisions of this amendment, and shall pre- ascribe by law the general limits within which such charter shall be framed. No local charter. provision or ordinance passed thereunder shall supersede any general law of the state defining or punishing crimes or misdemeanors. PURPOSE AND EFFECT. The pur- pose and object of this amendment is |to permit cities already incorporated ers. the power framing their own charters, reserving to the legislature, however. ity to prescribe within which the said charters shall be fra’ and villages desiring to be incorporated as cities to include in their charters, or by amendment or revision thereof, 2 commission form of government hav- ing legislative and administrative pow- enlarges in The amendment sought of such municipalities author- the general limite ed. A commission form of city govern- ment is generally understood to include the following characteristic featuress \1. exercise of both legislative and admin- istrative duties by this board; division among the members of board city by departments over which a single member of the governing board of the eity has control; 4, 1 A small governing board; 2. The 3. The the f the administrative work of the ne election of the | members of the governing board by all of the voters of the [wards, precinets or districts. elty and net by 5. The | adoption of methods of direct popular control ever the action and the con- tinuance in office of the members of the | Boverning board. | AMENDMENT NO, V. \County Superintendents of Schools. By this Amendment It is sought to enlarge the provisions of Section 7, of | Article 7, of the Constitution, which perso! m now reads as follows: 2 7. Every person who by the provisions of th s be entitled to vote at all be eligible to any is, or hereafter shall be. elec= by the people in the district wherein he shall have resided thirty days previous to such elec- tion, except as otherwise provided in this constitution, or the consti- tution and laws of the United States.” So that it will read as follows: “Section Every person who by the provisions of this article shall be entitled to vote at any election shall be eligible to any office which now is, or hereafter shall be. elec- tive by the people in the district wherein he shall have resided thirty days previous to such election, ex- cept county superintendents of schools who shall be required to have educational and professional jualifications to be determined by the legislature, and except as other- wise provided in the constitution, or the constitution and laws of the United States.” PURPOSE AND EFFECT. The por- pone and effect of this amendment is te suthorize the leg! jcational a ture to require edu~ professional qualifications, ition to all the other qualifica- now required by law, for any seeking the office of County perintendent of Schools. As the Con- | stitution now stands, any legal voter is |eligible to the office of County Super- fution nm I | the following: A tion Imtendent of Schools. AMENDMENT NO. VI. State Senate. Section 2 of Article 4 of the Consti- w reads as follows: “Section 2. The number of mem- bers who compose the nate and house of representativ shall be prescribed by law, but the repre- sentation in the senate shall never exceed one member for every five thousand inhabitants, and in the house of representatives one mem- ber for every two thousand inhabi- tants. The representation in both houses shall be sygertnees equally throughout the different sections of the state, in proportion to the pop- ulation thereof, exclusive of Indians = taxable under the provisions of aw.” it is proposed to substitute therefor 2. Number of members. mate shall be composed of gixty-three (63) member: the house of representativ: hall be composed of such number of mem- bers as may be prescribed by law. The representation in both houses all be apportioned as nearly equal as practicable, throughout the dif- ferent sections of the state in proportion to the pa teabgael there- of, exclusive of Indians not tax- able under th of law. ided, however, t! a county may be divided into several legis- lative districts, but no county or any of the parts thereof shall ever constitute or be a part of more than seven (7) senatorial districts and not more than seven senators shall ever be apportioned to any one county.” PURPOSE AND EFFECT. The pur- =] o provi: pose and object of this amendment is to limit the State senate to sixty-three (63) members and to prevent any rounty having more than seven (7) sen- ators, Yours respectfully, LYNDON A. SMITH, | s — a — ‘ (}