HE 1075 M5 06 Merriman Railwad Jaxation bill .... may 20,1897 University of Michigan TP:"/ pt-dola lp ::1.11.11' ECRETICE; Srnici GENERAL LIBRARY OF University of Michigan حالتحمل للتعا لنت تلتنسل النحل التعلن النت لم Presented by Prof. B.a. Hinsdale Ang. 13,47 1900 e21. > 27, л ік. ( . from Prof. B. a. Hinsdale REPORT OF THE CONFERENCE COMMITTEE ON THE MERRIMAN RAILROAD TAXATION BILL TOGETHER WITH THE MASTERLY SPEECH OF SENATOR W. G. THOMPSON ON SAID REPORT, IN ANSWER TO THE SPECIAL MESSAGE OF GOVERNOR PINGREE In the Michigan State Senate MAY 20, 1897, REPORT OF c It was a CONFERENCE COMMITTEE s, ieu و شیر ON THE MERRIMAN RAILROAD TAXATION BILL TOGETHER WITH THE SPEECH OF SENATOR MERRIMAN AND THE illllllillli SPEECH OF SENATOR THOMPSON ON SAID REPORT AND IN ANSWER TO THE SPECIAL MESSAGE OF GOVERNOR PINGREE IN THE MICHIGAN STATE SENATE MAY 20, 1897 LANSING ROBERT SMITH PRINTING CO., STATE PRINTERS AND BINDERS 1897 1 REPORT OF CONFERENCE COMMITTEE ON THE MERRIMAN RAILROAD TAXATION BILL WITH SPEECHES SUPPORTING THE SAME BY SENATORS MERRIMAN AND THOMPSON. . The Committee on Conference of the Senate and House of Representatives, to whom was referred the matters of difference between the two houses relative to i Senate bill No. 82 (file No. 17), entitled A bill to amend Sec. 3 of Art. 3 of act No. 198, session laws of 1873, as amended by act 45, public acts of 1879, as amended by act 174, public acts of 1891, as amended by act 129, public acts of 1893, entitled "An act to revise the laws providing for the incorporation of railroad com- panies, and to regulate the running and management, and to fix the duties and liabilities, of all said roads and other corporations owning or operating any railroad in this State," approved May 1, 1873, being compiler's Sec. 3360, Howell's annotated statutes of Michigan, Have had the same under consideration and beg leave to submit the following recommendations: 1. That in regard to the first amendment made by the 4 REPORT OF COMMITTEE House, which is as follows: "By striking out of lines 1, 2, 3 and 4 of Sec. 3 the words, 'formed under the provi- sions of this act or which is now or may hereafter be brought under the provisions of the general law of this State for the taxation of railway or railroad corporations, and every railroad company or other corporation,'” the committee recommend that in lieu of the words stricken out by the House amendment, the following words be inserted: “And union railroad station and depot com- pany." 2. That in regard to the second amendment made by the House, which is as follows: "By striking out of line 13 of Sec. 3 the words three and one-fourth, and inserting in lieu thereof the word 'four,'” the committee recommend that the House recede from this amend- ment. 3. That in regard to the third amendment made by the House, which is as follows: "By striking out of line 15 of Sec. 3 the word 'four,' and inserting in lieu thereof the word ‘six,'" the committee recommend that the House recede from this amendment. 4. In regard to the fourth amendment made by the House, which is as follows: "By striking out of lines 16 and 17 of Sec. 3 the words 'four and one-half,' and insert- ing in lieu thereof the word 'ten,” the committee recom- mend that in lieu of the words stricken out by the House amendment, the following words be inserted: "And not exceeding $8,000 per mile, four and one-half per cent thereof, and upon all such gross income in excess of $8,000 per mile of the road so operated, five per cent thereof; that all gross income of union railroad station and depot coinpanies whose earnings are in excess of $20,000 per mile shall pay on all such gross incomes in excess of $20,000 per mile of road so operated, ten per cent thereof." Sec. 3 of the bill as agreed to by your Conference com- mittee reads as follows: Sec. 3. . Every railroad company, and union railroad station and depot company, owning or operating any rail- road situated in whole or in part in this State shall, on or before the first day of July in each year, pay to the State Treasurer, on the statement of the Auditer General, a specific tax upon the property and business of such rail- ON RAILROAD TAXATION. 5 road corporation operated within the State, which tax shall be computed in the following manner, viz.: Upon all such gross income not exceeding two thousand dollars per mile of road actually operated within this State two and one-half per cent of such gross income; upon such gross income in excess of two thousand dollars and not exceeding four thousand dollars per mile, three and one- fourth per cent thereof; upon all such gross income in excess of four thousand dollars and not exceeding six thousand dollars per mile, four per cent thereof; and upon all such gross income in excess of six thousand dol- lars per mile, and not exceeding eight thousand dollars per mile, four and one-half per cent thereof; and upon all such gross inconie in excess of eight thousand dollars per mile of road so operated, five per cent thereof; that all gross income of union railroad station and depot com- panies whose earnings are in excess of twenty thousand dollars per mile shall pay on all such gross incomes in excess of twenty thousand dollars per mile of road so operated, ten per cent thereof. And when the railroad lies partly within and partly without this State, prima facie, the gross income of said company from such road for the purpose of taxation shall be on the actual earnings of the road in Michigan, com- puted by adding to the income derived from the business transacted by said company entirely within this State, such proportion of the income of said company arising from interstate business, as the length of the road over which said interstate business is carried in this State bears to the entire length of the road over which said interstate business is carried. The taxes so paid shall be in lieu of all other taxes upon the properties of such com- panies, except such real estate as is owned and can be conveyed by such corporations under the laws of this State, and not actually occupied in the exercise of its franchises, and not necessary or in use in the proper operation of its road, but such real estate so accepted shall be liable to taxation in the same manner, and for the same purposes, and to the same extent, and subject to the same conditions and limitations as to the col- lection and return of taxes thereon, as is other real estate in the several townships or municipalities within which the same may be situated. All acts or parts of acts con- 6 REPORT OF COMMITTEE. travening the provisions of this section of this act are hereby repealed. Your Conference committee, after thorough investiga- tion and careful consideration of the subject submitted to them, respectfully recommend the adoption of the above report, and ask to be discharged from the further consideration of the subject. G. W. MERRIMAN, Chairman. A. MAITLAND, H. M. YOUMANS, G. W. TEEPLE, JOHN L. PRESTON, Senate Committee. F. C. CHAMBERLAIN, Chairman. A. J. SAWYER, WM. D. KELLY, A. M. FLEISCHHAUER, House Committee. > : SPEECH OF SENATOR MERRIMAN. ence re- Mr. President and Gentlemen of the Senate: The question now before us is that of concurrence in Confer- the report of the Conference committees appointed by the port. Senate and House as to the differences arising between the two bodies over the Senate bill increasing the specific taxation of railroad corporations, a bill which I intro- duced early in the session, and which passed the Senate, was amended in the House, and in which amendments the Senate refused to concur. As I was made chairman of the joint committees of Conference, it is my duty to the Senate to give such information of the merits of the bill as I possess, also of the conclusions of the committee, that you may under- stand more fully than is conveyed by our report the scope of the measure and the results that may be expected should you concur in our report. The present statutes impose a specific tax on the prop- erty and business of the Michigan Central, and all rail- road companies incorporated under the general law, and which tax is computed in the following manner, viz.: On the first two thousand dollars per mile of gross earnings, two per cent thereof; on above two thousand and not exceeding four thousand dollars per mile, two and one- half per cent thereof; on above four thousand and not exceeding six thousand dollars per mile, three per cent thereof; on above sis thousand and not exceeding eight thousand dollars per mile, three and one-half per cent thereof; on all above eight thousand dollars per mile, four per cent thereof. The total gross earnings of the railroads, according to their last reports, was about twenty-nine millions of dollars; the total taxes paid, 8 SPEECH OF SENATOR MERRIMAN Amount of increase of railway tax. seven hundred and forty thousand dollars. Of this amount, six hundred and sixty-two thousand dollars was paid as above, and seventy-nine thousand dollars by the D., G. H. & M., the L. S. & M. S. R’y Co's, and the depot companies; all of which tax, when collected, is credited to the primary school and interest fund, and is distributed among the school districts of the State according to the number of children of school age. Assuming the ratio of increase of tax to increased earnings to be just, and I believe it to be as fair as any schedule we might suggest, we have endeavored to make this increase so it would fall equally upon all railroad companies. The first classification, upon which two per cent was paid, is raised under this bill to two and one- half per cent; the second from two and one-half to three and one-quarter per cent; the third from three to four per cent; the fourth from three and one-half to four and one-half per cent, and the fifth from four to five per cent; an average increase of over twenty-five per cent, which, if it becomes a law, will place about two hundred thou- sand dollars annually into our primary school fund, or an increase of thirty cents per capita for all children of school age-an amount which will be recognized by every taxpayer, and which will be taken into account by every school board in making their annual estimates. This adjustment of the differences of the two houses was reached after several meetings, by raising the rate of the Senate bill on one classification one-half per cent, and by including in the bill union depot companies, which changes will produce about thirty thousand dollars. The so called Atkinson amendments made by the House were rejected, as they seemed unjust and discriminating in this, that while one classification was increased but twenty-five per cent, others were increased one hundred and fifty per cent. Had we adopted these amendments, unfair as they seem, the result would not have been as astonishing as we were led to suppose; for by careful computation we find the amount they would produce to be only about $275,000, the Michigan Central company not included, as they could not reasonably be expected to accept a law so discriminating as an amendment to their charter. ON RAILROAD TAXATION. . 9 charters. 1 And right here I desire to impress upon you my belief Special that some just means should be devised to abrogate these old special charters, so that all our railroads may be placed upon the same basis, so far as taxation and super- vision and other legislation is concerned. No special privilege should be enjoyed by one corporation that is not enjoyed by another. The Governor, in his special message to the Senate, calls our attention to the “injustice of specific taxation." I can see little difference in the ultimate result whether we collect our tax the same as on other property, which can be increased or decreased by increasing or decreasing their assessed valuation, or whether it is by our present system, which may be raised or lowered as justice to other taxpayers demands, by increasing or decreasing the rate per cent on gross receipts. Whether the taxes are too high or too low is a question for the legislature to decide. The roads are built, and the interest of the public now is on the rates they charge and the amount of taxes they pay. There is no reason why, under the present system, railroads may not be brought to pay their share of taxes. The value of a rail- road, the same as other property, is fixed by the amount of earnings and the profits therefrom, regardless of cost of construction. In short, the market value depends upon its past, present and prospective earnings. The method of distributing the tax collected from railroads in this State is a wise and commendable one, benefiting every part of the State. Let the method be what it may, the tax should be collected by the State. In fixing the amount of taxes that should be borne by Personal . railroads, some consideration should be given to the damages. extraordinary burdens laid upon their property to which ordinary property is not subjected, such as personal dam- ages, for which over a million dollars was paid last year in this State; gates at crossings; watchmen, and other legislative requirements which aggregate nearly eight hundred thousand dollars more. These should in some degree enter into our calculations in fixing rates of taxa- tion. If this special message referred to was given us as a Compari- history of railroad taxation, it would be valuable; but loupe figures. taken as an argument in favor of extreme taxation, and 10 SPEECH OF SENATOR MERRIMAN as against this measure under consideration, it is so mis- leading in its comparisons and inaccurate in calculation, that it is worthless. The part to be regretted is that 30,000 copies of these inaccuracies are being sent broad- cast over our State, and the people should not be called upon to foot the bills for sowing so much error. Few people have the facilities at hand to prove or disprove the statements contained in this message. Senators, I ask each of you to study that remarkable document while you have the facilities here at your command to do so. Examine the comparisons of per cent of taxes paid by railroads to that of State taxes; note what it tells us we would receive if these companies paid under the law of 1855. It says it would be $3,010,000, but a careful examination of the law reveals it to be only $1,370,000, a slight "error" of $1,640,000. It tells us "the people were led to believe that the Michigan Central Railroad Com- pany, in coming under the general law” which it did not "as to taxation, had made a great concession favorable to the other taxpayers; but that it had operated to decrease the burdens of that company.” It says, “the State has been the loser by $45,454 each year for the four years or nearly $200,000;" but the fact is that the State is the gainer by the 1893 amendment to their char- ter by about $11,000 each year. These are but samples, gentlemen, of the many "errors" contained in this docu- ment. Again I say, study it. I believe I appreciate as fully as anyone the burdens the taxpayers of this State are bearing. I believe I know something of the hard and difficult problems they are called upon to solve in meeting their necessary bur- dens of life. This measure is the first in many years that a legislature has been asked to support that puts money into the taxpayers pockets. They have uniformly been the other way, and I trust, gentlemen, you will give your votes to assist in this much to lighten their burdens. I would not ask this if I believed the railroad companies were bearing their just share of the public burdens, but I do not. This bill has encountered the solid opposition of the representatives of these corporations in committee and lobby, as well as the expressed opposition of one of The co-ordinate branches of this government. ON RAILROAD TAXATION. 11 I have, on all occasions, as you know, tried by fair comparisons to demonstrate the justice of this measure, and I trust both the representatives of these corporations on the one side, who desire no increase of taxation, and on the other the Executive, who deals only in "millions," will at least concede the honesty of my purpose in push- ing this measure to a conclusion. Gentlemen, again I ask you to stand by the report of this committee, and if this bill becomes a law, the next tax collected of the railroad companies will be $950,000, and with a revival of business equal to the year 1892 it will reach $1,150,000, a very comfortable sum to dis- tribute annually among the school districts of our State. : SPEECH OF SENATOR THOMPSON. The Merri- laluro's duty. Mr. President and Gentlomen of the Senate: 1 arise in support of the bill reported out by the Con- man bill. ference committee, which I consider to be a wise and statesmanlike measure. It is intended to impose upon the railroads of the State an additional taxation of $206,- 000, and you will perceive that it is so graduated as to impose lighter taxes upon the poorer roads and heavier taxes upon those with a greater earning power per mile. The legis. We have a duty to perform between the people and the railroads, and it should not matter to us whether this bill is satisfactory to the railroads or not; nor should it concern us that the failing political fortunes of the Gov- ernor require that the roads should be subjected to a still higher rate of taxation, amounting in most cases to con- fiscation; nor should we be deterred by the threats of the Governor that he would keep us here all summer, or until we pass such bills as he approves of. We should turn away from his proffers of State patronage, and if he should carry out his threats not to sign the general ap- propriation bills of the State unless we legislate accord- ing to his views, I hope the answer of the legislature will be impeachment. For years the Governor, then mayor of Detroit, kept the city involved in a quarrel with the street railways, refusing every equitable offer of adjustment, which quar- rel resulted in an expenditure to the taxpayers of $150, 000 in tedious litigation, the result of which was entire defeat and discomfiture to the mayor, without accom- plishing anything for the taxpayers. The mimic warfare waged in Detroit is now to be transferred to the broader fields of the State of Michigan, and because the Govern- ! SPEECH OF SENATOR THOMPSON ON R. R. TAXATION. 13 or's uneasy ambitions require it, the State is to be involved in heavy litigation with the railroads, with the consequent great legal expenses to be paid to his favor- ites in the profession. I hold in my hand a most extraordinary document, The Governor's which purports to be a message from the Governor; but, railroni to a person familiar with his style, the internal evidence message. contained in it shows that he never wrote a line of it. lIowever, he lets it come forth under his name, and so he may be held accountable for the matter contained therein. I shall proceed to examine it somewhat in detail. I. increason The Governor states (page 11), that there is no truth in Have the claim that railroad earnings have been falling off earnings of late, and in support of this extraordinary statement, so much at variance with the facts, as known by every business man, he cites certain figures from the Railroad Commissioner's Report. He says that "in 1891 the rail roads located entirely within and partly within and partly without this State reported their earnings” at $95,777,886.57, and that "in 1895 they received" $144,484,- 148.16; and says further: “it will be noticed by refer- ence to this table that the earnings of these roads for 1895 were more than ten millions more than 1894, more than thirty-two millions more than 1892, and nearly fifty mil- lions more than 1891;" and this statement is emphasized by a marginal note: "$50,000,000.00 increase in railway earnings in four years." It is not going beyond strict accuracy to say that this The statement is a gross and wilful attempt to deceive the attempt to legislature and the people of the State. Gross, because so extremely at variance with the facts, and wilful, because the truth is readily ascertainable and the error in the statement made is so manifest that it can hardly be called unintentional. Everybody knows, of course, that every road operating How he any railroad within the State of Michigan makes a report his figures to the Railroad Commissioner of the earnings and expenses of its whole system, both within and without the State of Michigan, as well as a report of the earnings Governor's deceive. 14 SPEECH OF SENATOR THOMPSON He juggles. of its lines within the State of Michigan. Now, since 1891, certain large railroad systems, which prior to that time did not operate any railroad within the State of Michigan, acquired by purchase or construction a few miles of road within our borders, and consequently since 1891 have begun making reports to our Railroad Commis- sioner of the earnings of their whole systems. Conspicu- ous among these are the Chicago, Milwaukee & St. Paul Railroad Company, a great system operating 6,000 miles of railroad, and extending from Chicago through the states of Illinois, Wisconsin, Iowa, Minnesota, North Dakota, South Dakota and Missouri, and operating a few miles in the northern peninsula of Michigan. This sys- tem has annual earnings in excess of thirty millions of dollars. Another system is the Cleveland, Cincinnati, Chicago & St. Louis Railroad Co., commonly called the Big Four, which operates thirty-three miles of road in Berrien county, but whose total earnings on its extensive system through Ohio, Indiana and Illinois is in the neigh- borhood of fourteen millions annually. By including such earnings of railroads, which did not make any reports to our Railroad Commissioner in 1891, but did in 1895, the Governor gets figures which he alleges show a great increase in the railroad earnings during this year. I suppose that if the Pennsylvania Railroad .Co. should build a branch in from Toledo to Detroit, as I understand they have sometimes thought of doing (but which I fear they will not do so long as our present administration remains in power), and should report to our Railroad Commissioner the earnings of their whole system, aggregating, I believe, upwards of $135, 000,000 a year, the Governor would claim that the rail- roads of Michigan had doubled their business. The report covering the year 1891 is for 13,223 miles of road, of which 7,305 are Michigan and 6,918 in other states, but belonging to the companies that report to our Railroad Commissioner. In that year the roads earned on their Michigan mileage $36,517,389.41, and on their outside mileage $59,260,497.16. In 1895, however, by rea- son of the facts stated above, their reports cover a mile- age of 22,501 miles, of which the Michigan mileage is 7,609, and the outside mileage is 14,992, or more than double the amount reported in 1891. In this last year, 4 i ON RAILROAD TAXATION. 15 the earnings on Michigan business were $29,211,014.48, and on the business done on the 14,992 miles outside the state, $115,273,133.68. The statements in the message are the more inexcus- able since the Railroad Commissioner's report contains in plain sight the correct figures of the earnings of the railroads in Michigan. The figures in the Governor's message are taken from the Railroad Commissioner's Report for 1896, page lxxviii, which page contains a table of statistics cover- ing earnings of railroads both within and without the State of Michigan. If he had turned over the page (page 76) lie would have found the figures for the Michi- gan business for the year 1895. The figures for prior years are to be found as follows: For 1894, see Railroad Commissioner's Report, 1895, Diges 21 and 56. For 1893, see Railroad Commissioner's Report, 1894, pages 50 and 51. For 1892, see Railroad Commissioner's Report, 1893, pages 17 and 46. For 1891, see Railroad Commissioner's Report, 1892, pages 470 and 471. The earnings, both gross and per mile, for each of these Yearly years are as follows: varnings 1891, Gross earnings, $36,517,389.41 Gross earnings per mile, $5,005.08 , , 1892 38,377,426.59 5,156.27 1893 36,319,655.33 4,789.49 1894 29,537,475.71 3,901.71 1895 29,211,014.48 3,835.17 66 66 It will thus be seen that instead of an increase of fifty millions between 1891 and 1895, the fact is that the earn- ings of the railroads have fallen off over seven millions, and from the statement of the earnings contained in the newspapers a few days ago for the year 1896, and pur- porting to be put forth by the Railroad Commissioner, the earnings for the year 1896 show a still further falling off. When we consider that the great part of the expenses of operating a railroad are fixed and remain substan- tially the same whether the road is doing a large or small business, the figures above showing a falling off in the 16 SPEECH OF SENATOR THOMPSON earnings per mile will indicate that the margin between gross earnings and net earnings must have been very seriously encroached upon during this disastrous year. Since by far the greater part of a railroad's disburse- ments go to the payment of labor, or the purchase of materials produced by labor, we can see that to force upon them greater economy of operation means a reduc- tion of the number of employés or of their wages, and this means less safety in operation. II. The Michigan Coutral. The Governor follows his statement about the increase of wilroad earnings by an attempt to show that the Michigan Central Railroad Co. earns $3,500,000. This he gets at by taking the gross earnings, $13,651,420.61, and subtracting therefrom the operating expenses and taxes, aggregating $10,183,231.31, and calling the differ- ence, $3,468,189.30, net profits. If this be the profits of the road, it is strange that the stockholders have not dis- covered it, and are willing to part with the stock at the market quotation, ninety-five cents on the dollar. Now, it is well known that the Michigan Central Rail- road Co., which itself owns less than 300 miles of rail- load, operates by lease or otherwise something over 1,600 miles of road, of which 500 miles are outside of Michigan, and from this net income must be deducted the amounts paid in one way or another as rentals of these leased lines and the interest paid on money borrowed. These rentals, aggregating over two millions of dollars, are made up as follows: Interest paid on the funded debt of leased lines, $407,800; rentals of leased lines and Canada Southern interest, $i,331,401.28; Canada South- ern proportion of net earnings, $304,715.21; an aggregate amount of payments to make out of the earnings of the Michigan Central of $2,046,916.28. The interest on the funded debt of the Michigan Central is $660,000 addi- tional, so that, deducing these payments, the net earn- ings of the Michigari Central are only $761,272.81. If a farmer leases a neighbor's farm and makes there- from certain earnings, he would certainly not expect to call these net profits until he had deducted from them the ON RAILROAD TAXATION. 17 rent he was to pay the neighbor for the use of the farm. If a merchant did not deduct from his profits his rent, or the interest he had to pay on borrowed money, his profits would doubtless seem a good deal higher than they really are, and yet the Governor has the audacity to ask the legislature, in estimating what the profits of a railroad company are, to disregard common sense and not count rentals or interest on borrowed money as an item of expense. III. The Governor goes on with a statement of the results The Lake of the operation of the Lake Shore & Michigan Southern Michigan Railroad with the design, I suppose, of leading the people southern. to believe that there is a great fund here from which the State might draw large sums of money in taxation. As a matter of fact, however, the Railroad Commissioner's Report shows that only a small part of the earnings of this system are made in Michigan. Its main line does not touch Michigan, and, while its mileage here is consider- able, this consists largely in branches which little more than pay the expenses. As a matter of fact, it will be seen by the Railroad Com- missioner's Report for 1896, on pages 281 and 282, that the earnings of this railroad company in Michigan were $2,223,731.75, while their operating expenses during the same time were $2,024,982.58, leaving the sum of $198,- 749.17, out of which to pay rentals and interest on bor. rowed money properly appertaining to the 407 miles of road operated by this company in Michigan. The message contains some statements in regard to cer- Railroads tain railroads being exempt from taxation. As to this, from I have only to say that the legislature in 1891, for the taxation. purpose of encouraging the building of railroads in the northern part of the State, where the railroad facilities seemed insufficient, offered ten years' exemption from taxation to roads thereafter built northerly of the 44th parallel, unless their gross earnings should equal $4,000 3 18 SPEECH OF SENATOR THOMPSON a mile. Relying upon the good faith of the State, six railroads have been constructed which come under the terms of this act. These six railroads operate 316 miles of road, and their gross earnings are $641,000, or about $2,000 a mile. It is well known that the expense of operating a railroad is in excess of this amount, the aver- age for the State being $3,150 per mile, and certainly no facts appear which would suggest that the State should break faith with these companies. V. Railroad taxes. The message contains a good deal about the percentage of taxes that the railroads pay, and the suggestion is made that they only pay about one-tenth of what they ought to pay. Inasmuch as in the year 1895 the railroads of this State earned only $29,211,011.48, and their oper- ating expenses were $23,981,053.55, leaving their net earn- ings $5,229,760.93, it is rather difficult to see where the railroads could get $7,500,000, which the Governor sug. gests they ought to pay. As I have said, their net earn- ings were a little over $5,000,000, out of which they had to pay in many cases rentals for cars and locomotives that they had to lease because too poor to buy them, and interest on borrowed money, the interest aggregating Earnings upwards of $10,000,000 a year. The general condition roads fall. of the railroads of the State can be seen from the fact ing off. that their earnings over operating expenses are uot half enough to pay the interest on their debts. The actual condition, too, has been rapidly growing worse, as will be seen from the actual figures showing the earnings for 1891 and 1895 of a few railroads fairly representative of all the roads subsisting on Michigan business and I would call attention to the fact that these seven roads had a mileage in 1891 of 3,268, and in 1895 of 3,273, an increase of only five miles, which certainly suggests that their business had not been so profitable as to encourage them to build more miles of railroad). ON RAILROAD TAXATION. 19 Roads. Gross earnings in 1891. $3,866,669 1,757,552 Gross earnings in 1895. $3,005,458 1,563,353 Chicago & Grand Trunk.... Chicago & West Michigan... (Omit “North Michigan" road, not built in 1891.) Detroit, Grand Haven & Mil- waukee Detroit, Lansing & Northern. Flint & Pere Marquette.. Grand Rapids & Indiana... Duluth, South Shore & Atlan- tic 1,200,998 1,254,099 2,544,758 2,624,617 1,013,320 1,149,654 2,134,936 2,235,226 2,148,387 1,807,111 $15,397,080 $13,909,058 This is a falling off of nearly a million and a half. The gross earnings of the Michigan Central system during the same years fell off from $15,162,960 to $13,651,420, or about an equal amount. VI. 1 . In figuring out the percentage that railroads pay upon The value the value of their property the Governor is guilty of a rallroads. very sly piece of misstatement. The reports of the rail- road Commissioner are required to state the total cost of the railroad property owned by the various companies. Now the improvements and betterments which the rail. Cost is not roads are continually making and which are continually cash value. wearing out and needing renewal are added each year to the cost of the plant, so that the aggregate cost or amount that the railroads have spent for their lines, roll- ing stock, etc., amount in almost every case to a sum far in excess of the value of the plant at any particular time. The Governor states on page 5 of his message that the total cost of railroad property in the State, as returned by the companies and verified by the affidavit of their offi- cers, was $301,003,148.44, and then a few lines after calls this 301 millions “sucorn valuation of their property returned by the companies.” This $301,000,000 is not a sworn valuation at all and does not purport to be such, and the fact that it is grossly in excess of the real valua- ---- 20 SPEECH OF SENATOR THOMPSON Anes. ample. tion of the property of the railroads in the State can readily be seen when you take a few individual cases. The Chicago & Grand Trunk Railroad, for instance, runs through a very fertile part of the State, passing many good sized towns and being able to attract quite a volume of through business. The total cost of this road has been $19,501,706.46, and yet during the year 1895 its earnings were $3,005,458.04, its operating expenses $2,837,685.38, leaving the earnings $167,772.66, out of which to pay rentals for cars, locomotives, etc., which it was too poor to buy, aggregating $133,303.47, leaving the sum of $34,169.19 with which to meet interest charges, $737,868.48. During the year 1894 the earnings of the road over oper- ating expenses were only $85,302.01, or $60,000 less than the amount necessary to pay for rentals that year, which were $145,000 and upwards. In these two years the road not only earned no dividends, but did not earn enough to pay operating expenses and rentals for rolling stock, etc., etc., necessary to enable it to do any business at all. Now if this road were to be appraised by impartial appraisers would its cash valuation be put at any figure even remotely approaching its actual cost? It is obvious it would not, and yet it is by assuming and mendaciously stating that the figures returned as the cost of the rail- roads of the State are their sucorn valuations" that the Governor gets at his figures of the proper appraisal of railroad property. The facts stated in regard to the Chicago & Grand Trunk are by no means exceptional. Take the following roads, which are scattered over the bankrupt. State and which are wholly or mostly within the borders of the State: the Chicago & West Michigan; Detroit, Lansing & Northern; Detroit, Grand Haven & Milwau- kee; Duluth, South Shore & Atlantic; Flint & Pere Mar- quette; Grand Rapids & Indiana; Toledo, Ann Arbor & North Michigan; there is not one of them which, during the year 1895, earned the rentals and interest on borrowed money that it was bound to pay. In fact, the deficit, including the Chicago & Grand Trunk, was upwards of $2,000,000. The only roads in the State paying any dividends are railroads. two little roads in the copper country having a combined mileage of 54 miles; the Pontiac, Oxford & Port Austin, The railroads . Dividend ON RAILROAD TAXATION. 21 which was bought by its present owners at a foreclosure sale for a very small price and which has 110 outstand- ing bonds, the investment being represented entirely by stock; the Chicago, Milwaukee & St. Paul; Chicago & Northwestern, and the Cleveland, Cincinnati, Chicago & St. Louis (Big Four), which have only a few miles in the State and which certainly do not earn their dividends from the Michigan business; the Lake Shore & Michigan Southern, which does not earn enough on its Michigan business to pay the interest on the bonds probably chargeable to its lines here; and the Michigan Central. And yet the freight rates charged in Michigan are the lowest lowest of any. freight The average rate per ton per mile for the whole United States, including the low rates made on the long transcontinental hauls, is 83-100 cents per ton per mile. In Michigan the rate is 76-100 cents per ton per mile. Compare this with the rates in other states: rates. 0 Michigan Iowa Illinois Massachusetts Minnesota Missouri Kansas Connecticut .70 cents 1.07 1.23 1.28 1.08 1.07 1.33 1.42 + Let me illustrate what this means in another way. If Results if Michigan railroads could charge the same freight rates railroads on the average as in these other states, their increased charged earnings would be over $10,000,000. The increased earn-other railroads. ings of the Michigan Central Railroad alone would, if it could charge the rates prevailing in most of the states, pay the entire amount collected by those states in taxes from their railroads. This will be seen from the follow- ing statement: : 22 SPEECH OF SENATOR THOMPSON 1 YEAR 1895. State. Total amonnt of taxes paid by railroad companies in 1893. dverage rate per ton per mile.-Cents. Per cent of Michigan rate. Freight Michigan earnings of Central Michigan freight roads earnings in in Michigan, Michigan, $18,686,413 $4,767,598. Increase Increase at rate at rate named. named. Amount of increase left to M. C. R. R. Co. after paying total rail- road taxes of states named. Michigan Iowa Missouri Minnesota.. Ohio. Illinois. - Massachusetts Kansas. Connecticut. $741,408 0.76 1,337,453 | 1.07 1,186,807 1.072 850, 109 1.08 2,219,497 1.12 4,145,202 1.231 3,527,820 1.28 2,187,030 | 1.33 786,518 1.427 140 141 142 147 162 168 175 187 $7,474,568 7,661,429 7,848,293 8,782,614 11,585,576 12,616,761 13,014,800 16,350,611 $1,907,039 1,954,715 2,002,391 2,254,974 2,955,910 2,939,035 3,565,699 4,171,649 $549,586 767,907 1,152,282 35,576 1,378,668 3,385,130 Water compe- tition. But the difficulty under which the Michigan railroads labor is that they have to meet water competition almost everywhere. The Governor talks about the great products of Michi- gan, but omits to mention that by far the greater part of these products of the forests and the mines are trans- ported by water, while Indiana, with which he compares Michigan, is practically an inland state. It is a great blessing to Michigan that it is nearly an island, and that almost every part of the State is benefited by cheap water transportation, but we should not forget that this fact makes the railroad problem of Michigan different from that of almost any other state, and may well lead us to refrain from imposing unjust burdens on our railroads already so handicapped by natural conditions. VII. . Taxation in Ohio. There is a good deal in the Governor's message about railway taxes in Ohio and Indiana. Without making further investigation I am unable to comment very fully on this, but considering the gross inaccuracies of the rest of the message, it is fair to say that probably what he says about railroad taxation in Ohio and Indiana .is entirely untrue. I would call attention, however, to the ON RAILROAD TAXATION. 23 in Indiana. fact that it appears from the Railroad Commissioner's Report that the gross earnings of the roads in Ohio per mile are about double what they are in Michigan, and as the operating expenses per mile do not increase propor- tionately anything like the gross earnings, it is probable that their net earnings are many times greater than the net earnings of the Michigan roads. The State of Indiana is traversed in every direction by Taxation great trunk lines, among which there occur to me the names of our own roads, the Michigan Central, Lake Shore, and Grand Trunk; and also the great Pennsyl- vania road, operating its Pittsburg, Fort Wayne & Chi- cago trunk line, and the Pan Handle trunk line; also the Vandalia line; the Nickel Plate; Baltimore & Ohio, and the Chicago connection of the Erie; the Wabash; the Louisville; the Albany & Chicago, and in fact all the great trunk lines from Chicago east and southeast, and from St. Louis east. There are very few local lines in Indiana, and it is a mileage composed largely of trunk lines, and yet the total valuation of all the railroad property in the state is given in the Railroad Commissioner's Report at only $155,000,000. While Michigan has a few more miles of railroad than Indiana, it is not probable that its rail- road systems could be fairly appraised at anything like this figure. As the Railroad Commissioner well says in his last report, page 5, "The cash valuation of a railroad is fixed by the amount of its earnings continued for a term of years regardless of the cost of construction. In short, the market value of a railroad depends upon its past, present and prospective earnings." I have meant to say little about the conclusions which Facts an- the Governor draws in his message from the alleged clusion facts that he states therein, but it seems to me that, if mislead- the statements of fact are shown to be grossly inaccurate and misleading, the conclusions drawn therefrom will fall to the ground. However, I denounce the message of the Governor as a The Gov- fraud and a delusion, calculated and intended to deceive the legislature and the people of Michigan; quite as a fraud. much so as the report of his Agricultural Municipal Bu- reau last fall, in which to show a profit on the Pingree Potato Patch, potatoes were figured at 55 cents a bushel, when they could be bought anywhere for 15 to 20 cents a 1 4 ! : ernor's message 24 SPEECH OF SENATOR THOMPSON. The Governor in—what? bushel. I have resided in the State of Michigan a qual- ter of a century, and during that time I have known more or less intimately the long line of Governors who have presided over this State, and, however much they may have differed in their attainments and abilities, not one of them would ever have appended his official signature to a public document so wilfully misleading. Of course we who know the Governor are not surprised at his put- ting his name to any statements, however grossly untrue, which he thinks may awaken public clamor and advance his political fortunes. But many of the people of the State, having been accustomed to a different kind of a Chief Executive, can hardly realize that it is possible that our present Governor sets no bounds to his statements but the credulity of his admirers, and is as shameless in his utterances as he is extravagant in his ambitions. The igno- However painful the task may be to hold up the Michigan. ignominy of Michigan to public gaze, it is the duty of each one of us to expose the falseness of each mendacious emanation of the Executive office, even though it claim the sanctity of a State paper. I have too great faith in the intelligence and integrity of the people of the State of Michigan to believe that blus- ter and pretense can win, and, in view of the intelligent and careful treatment the Senate has given to this ques- tion of railroad taxation, when we go before them I have 1:0 doubt as to the result. neve 1