The laws enacted and the reforms wrought under the present

administration in behalf of the great masses of the people of Texas

have been under fire for nearly two years, and have repeatedly

received the emphatic endorsement of the Democratic voters of our

State, and have been approved and re-affirmed by the organized

Democracy in convention assembled. The platform of the opposition

party demanded the repeal or modification of many of these important

laws, and that party, its candidates and its platform were repudiated

and defeated by about 150,000 majority. Desperate efforts have been

employed by sinister agencies to discredit these laws, and to defeat

the operation of these reforms, but the people have willed otherwise,

and the laws have come to stay. Such changes as may be sought by the

friends of the laws to strengthen them, and which may be dictated by

experience, may, with propriety, be made, but these laws were demanded

by the people; they were enacted by their trusted representatives, and

in spirit and substance they should stand.

They are just and right and ought to stand. The result of the recent

political contests involving these laws and reforms strikingly

demonstrate that the agencies of corrupt and sinister special interests

can not dominate and control in Texas. The patriotism of our people and

the freedom of speech which obtains in Texas make it certain that her

incorruptible electorate can be safely trusted to uphold the public

official who keeps the faith and redeems his pledges made to them.

Those who have contended that modifications and exceptions in their

interest should be made in the laws enacted by the last Legislature

might have placed their propositions upon the Democratic primary

election ticket, and thus tested them at the ballot box, or they could

have uncovered their schemes in the last Democratic convention, and

these plans were suggested time and again as open to them. This course

was open under the law, but they chose rather to undertake the defeat

of candidates who stood for these laws. In this they signally failed

in every instance. The State Democratic Convention, following the lead

of nearly all the county conventions, endorsed the laws as they stood,

and placed the party candidates upon a platform committed to their

perpetuation. The enemies of the legislation and reforms enacted by the

last Legislature chose to submit their demands for repeal, changes and

modifications thereof in the Republican State platform, which of course

binds all representatives of that party faith. Democrats are bound by

party action, by the verdict rendered at the polls, and by the platform

made by its convention.

The Democratic platform declaration with respect to the laws enacted

during this administration is as follows:

"We heartily endorse * * * the acts of the Thirtieth Legislature

enacted in obedience to platform demands, and we rejoice at the

emphatic endorsement given said laws and administration by the

Democratic voters of Texas in the recent primary election."

The measures of commanding importance enacted during the present

administration are in the interest of justice, equality, good

government and decency. They have resulted in no harm or injustice to

any man or to any legitimate business enterprise within this State. The

truth of this statement has already been demonstrated, and any effort

to emasculate, destroy or weaken them would be a fraud upon the people

and a betrayal of the Democratic party. These laws became effective in

the midst of a great national panic, and Texas has been and is in a

better financial and economic condition to-day than any State in the

Republic.

* * * * *

To effect needed reforms and to check evil tendencies, laws were

enacted by the last Legislature to the following effect:

1. The keeping of gambling houses and the exhibiting of gambling

devices was made a felony.

2. The practice of drinking intoxicating liquors on railroad trains was

prohibited.

3. A law passed requiring contests of local option elections to be

promptly instituted, and providing that otherwise the legality of such

elections should be conclusively presumed.

4. Authority was granted district judges, on proper showing, to

prevent by injunction the sale of intoxicating liquors in prohibition

communities.

5. A tax of $5,000 was levied on express companies shipping

intoxicating liquors into prohibition districts, the effect of which

was to take the express companies out of the liquor and saloon business.

6. An effective bucket shop law which prohibits gambling in cotton and

other futures, thereby guarding against depression in the prices of

the farmers' crops, as a result of unnatural speculative or gambling

transactions.

7. To encourage and promote agricultural development, a separate

Department of Agriculture was created, and has been organized, and

is at this time actively promoting, with the facilities at hand, our

agricultural interests.

8. The occupation tax on useful occupations was repealed.

9. A law prohibiting the free-pass evil was enacted.

10. A law against nepotism was passed.

11. Charter fees of corporations were increased in a just and fair

amount.

12. The depository law enacted keeps in circulation State funds and

the rates of interest secured yields a return largely in excess of

the entire expenses of the State Treasurer's office, and provides a

handsome yield in interest on county funds heretofore deposited in

banks without interest.

13. Laws increasing franchise taxes, and gross-receipts taxes, and

securing the listing, rendition and assessment of the railways'

intangible values for taxation, were enacted, and their operation has

resulted in shifting a large portion of the burden theretofore unjustly

borne by the individual property taxpayers to those who had been

evading and escaping taxation.

14. A mine inspection law for the protection of laborers engaged in

mining business, a law against black-listing, and a law lightening the

labors of trainmen, enginemen, and telegraph operators and to protect

the public, and other just laws, were passed for the benefit and

protection of workingmen.

15. The law known as the "Robertson Insurance Law" having for its

object the better protection of the policy-holders in Texas, and to

promote investments in our State, was passed. The practical operation

of this law is to require the investment of seventy-five per cent. of

the Texas reserve of life insurance companies doing business in Texas,

in Texas securities, and to require the deposit of such securities in

the State Treasury, or other depository designated by the law. It is

also provided that the deposit and investment features may be waived by

the Commissioner of Insurance upon substantial showing under the terms

and conditions of the law.

16. The "Full Rendition Law," as it is called, and the "Automatic Tax

Law," having for their respective objects the rendition and assessment

of all taxable property at its full value, greater uniformity and

the adjustment of the tax rates and tax burdens in keeping with the

absolute requirements of the government.

17. A uniform text-book law, providing for the adoption of a uniform

system of text-books for all the public free schools of the State was

passed.

18. A law prohibiting insolvent corporations from doing business in

Texas was enacted.

19. A law prohibiting lobbying, and many other useful laws, were passed

in the interest of the people.

* * * * *

In the administration of the State government during the past two

years, an earnest effort has been made by the Executive and all

other departments of the public service, to give the people a clean,

efficient, and economical government.

That the full measure of our success may be ascertained, and the

people more fully informed, the most careful and rigid investigation

into the administration of every department of government and into the

management of each State institution is invited and suggested. That the

laws should be properly enforced upon all alike, no law-abiding man

will deny. The Constitution provides that "the Governor shall cause

the laws to be faithfully executed," and every means and power that

could be appropriately exercised has been brought into requisition to

meet this mandate of the Constitution. No one should be strong enough

to escape the power of the law, and none too weak to receive its

protection.

The mandate of the Constitution is clear and the duty of the Governor,

with respect to enforcing the law, is plain, but the Governor's powers

are not adequate, and adequate statutory powers as contemplated by

the Constitution should be promptly provided by legislation suited to

present conditions as well as for future contingencies.

Obedience to all criminal laws should be a condition in liquor dealers'

bonds, and jurisdiction for suits for breach thereof should be given to

the district courts of Travis County.

The transactions of the Treasury Department are set out in detail

in the State Treasurers annual report for the fiscal year ending

August 31, 1908. The report, together with the tables accompanying

the same, contain much useful information, and it is suggested that

an examination of the same will be useful and profitable to the

legislators.

At the beginning of this administration, the Comptroller estimated the

deficit for the fiscal year ending August 31, 1907, to be approximately

$300,000, and possibly more. However, as a result of careful and, we

believe, efficient administration, aided by more effective revenue

legislation, the deficit was avoided, and the State has been able to

meet all of its current obligations for the past two years, and at all

times to maintain an adequate working surplus in the State Treasury.

Instead of a deficit, as predicted, on August 31, 1907, the State had

met all of its obligations, and had a cash balance of $692,612.81 to

the credit of the general revenue, and at the close of the fiscal year,

August 31, 1908, after paying all claims when presented, the State had

to the credit of the general revenue fund a balance of $888,985.61.

This very satisfactory financial condition was secured and has been

maintained under the operation of the present tax system without

additional tax burdens upon the individual property-tax payers.

Interests theretofore escaping and property theretofore unrendered have

been required, under the new laws, to contribute more to the support of

the government, thereby lessening the burden upon those who were under

the old laws bearing more than their just share.

To illustrate: Under the operation of the intangible tax law,

$173,698,318 of intangible values of railways and bridge and ferry

companies were listed for State and county taxes for the year 1908. The

physical values of the railways increased under the new rendition law

from $100,166,782, in 1906, to $157,822,790, in 1908. The intangible

tax law, and the full rendition law has added to the tax rolls more

than $250,000,000 of railway and other corporate values theretofore

escaping taxation. The credits of money of banks and bankers and

of others than banks and bankers are not now being properly listed

for taxation; still there has been a great improvement, as the tax

rolls show that they were increased from $42,112,424, in 1906, to

$80,717,825, in 1908; an increase of more than 91 per cent. These are

prominent illustrations of property values heretofore escaping, which,

under the new laws, have contributed to the reduction of the ad valorem

tax rate of 20 cents on the one hundred dollars in 1906, to the low

rate of 6-1/4 cents on the one hundred dollars in 1908. The average tax

rate in the counties throughout the State for 1906 was 55 cents on the

one hundred dollars. This average rate of 55 cents was reduced in 1908

to an average rate of 40 cents on the one hundred dollars for county

purposes by the operation of the new laws. The individual citizens who

have been paying taxes upon their homes and farms at a fair valuation

will pay less taxes in 1908 in proportion to value than they have paid

for the support of the State government in any year since 1860, and

as the receipts from other sources to the credit of general revenue

increases, the ad valorem tax rate for State purposes will be reduced

in proportion.

Under the operation of the tax laws of the last Legislature, the

property values on the tax rolls increased from $1,221,159,869, in

1906, to $2,174,122,480, in 1908. The amount of taxes paid in 1906

on the tax rate of 20 cents on the one hundred dollars, amounted to

$2,435,412.92, and in 1908, with the tax rate of 6-1/4 cents, the

total tax amounts to $1,358,826.55; an increase in assessed values of

$952,935,411, and a reduction of $1,076,586.37 in the total amount of

ad valorem State taxes levied for 1908 as compared with 1906, and a

much more equitable distribution of the taxes has been secured.

The valuation of property assessed for taxes, the rates and the amounts

of State ad valorem taxes for the years 1906, 1907, and 1908, are as

follows:

1906--Valuation, $1,221,259,869; rate, 20 cents; amount of taxes,

$2,435,412.92.

1907--Valuation, $1,635,297,115; rate, 12-1/2 cents; amount of taxes,

$2,040,625.58.

1908--Valuation, $2,174,122,480; rate, 6-1/4 cents; amount of taxes,

$1,358,826.55.

Receipts to the credit of the State's general revenue for the year

1906, 1907, and 1908, from special corporation taxes and from all other

sources, not including the ad valorem taxes on tangible and intangible

values, is shown below; $375,418.94 received from the United States

government in 1906 not included:

1906--Amount of receipts $1,826,682.26

1907--Amount of receipts 2,024,434.80

1908--Amount of receipts 2,416,218.46

The county tax rolls for 1906, 1907, and 1908 disclose the gross

inequalities obtaining throughout the State prior to the recent tax

legislation, and they further show that an earnest effort was made in

the large majority of the counties to comply with the laws respecting

rendition, assessment and equalization. In a few counties, however,

the law was ignored, and the conduct of the tax officials of such

counties was little short of unconscionable. These counties received

the full benefits of the reductions in the State ad valorem tax rate

from 20 cents to 6-1/4 cents, and the State school ad valorem rate

from 20 cents to 16-2/3 cents, and received the full benefit of the

increase in the apportionment of the available school fund, but by

the dereliction and disregard of duty on the part of their trusted

tax officials they contributed practically nothing to the increase of

values resulting in such general good. This is so manifestly unfair

and unjust that an effective remedy should be speedily provided by

law. It is inconceivable that the oath of office prescribed by the

Constitution, to say nothing of the oath prescribed by the new statute,

and to which all tax officials must solemnly subscribe, should be so

lightly considered by some men who have been honored with official

station. Each county and each citizen and corporation of the State

should contribute a just share and no more of the taxes necessary to

support the State government and to maintain the public free school

system, and no county, citizen or corporation through the dereliction

of tax officials should be permitted to share in the benefits of

reduced rates, and the increase of school funds when they fail to do

their part. They should not be allowed by official dereliction to shift

their just share of the taxes to the taxpayers of other counties and

communities. It is just to say that the people of some of the counties

where the law was disregarded repudiated the derelict tax officials

upon their first opportunity.

Article 5124e, of Chapter XI, of the Acts of the First Called Session

of the Thirtieth Legislature should be amended so that suits for

removal from office may be instituted and prosecuted either in the

county of such officer's residence, or in the district courts of Travis

County, at the option of the Attorney-General. Laws should also be

enacted providing that resignations or expirations of terms of office

shall not abate action for removal from office, and the law should

further provide that county officers who are removed from office for

malfeasance or misfeasance or for any dereliction shall not thereafter

hold office in this State until their eligibility is established and

restored by act of the Legislature.

In this connection, I invite your attention to the respective annual

reports of the State Tax Commissioner and the State Revenue Agent. The

data and the difficulties encountered in the laws enforcement, and the

suggestions made by these faithful officials, will, I believe, be of

much value to the Legislature in improving our system of taxation and

in enacting legislation to secure equality and more uniformity in the

distribution of its burdens.

APPENDIX G

ADDRESS OF THE HON. W.D. WILLIAMS IN REFERENCE TO THE FULL RENDITION

LAWS

I am altogether sensible, gentlemen, of the honor which you have done

me by inviting me to discuss before you that act of the Thirtieth

Legislature of Texas commonly known as the Full Rendition Statute. I

am fully aware of the honor done me, as I have said, and yet I am not

averse to accepting the invitation. I have heard so much said about

this law; I have heard it so wildly praised and so extravagantly

denounced; I have heard its promoters and all who were concerned in the

enactment so severely condemned on the one hand and so unreservedly

lauded on the other; I have read so many editorials in favor of full

rendition and so many more against it, that the fever of strife has

been set to circulating in my own blood, and I have come at last really

to desire to speak my own thoughts on this subject. And especially

is this true when I am afforded to-day the opportunity of addressing

upon this issue the body of distinguished citizens which is assembled

here before me, and which represents the opinions, the aspirations and

the sentiments of the commercial classes of my own State. For this

too is true, gentlemen, that however much I may in some particulars

and on some occasions dissent from the prevailing beliefs of what is

called the business world, I am now and always compelled to admit

that the leaders of commerce are not only keen of intellect, but that

they are full of courage, ready to give weighty reasons for the faith

that is in them, loyal and patriotic citizens, commanding the respect

and admiration of the world, true and sincere friends and generous

adversaries.

That statute, which is generally called the Full Rendition statute,

was enacted at the Regular Session of the Thirtieth Legislature, and

is published by official authority as Chapter XI on page 459 of the

General Laws of 1907. By provisions of this act, assessors are required

to list the property for taxation at its reasonable cash market value

or, if it has no market value, then at its real and intrinsic value.

Practically this is what is meant by the words "full value rendition,"

that the rendition shall be at the reasonable cash value of the article

or thing which is listed. But it is well settled by repeated decisions

of appellate courts that where the word "value" is used in a statute

and is not limited either by qualifying words or by the context of the

statute, it has the same meaning as if it had been written "reasonable

cash market value," or "real and intrinsic value."

So that, as respects its actual intent, the Full Rendition statute

brings into operation no new principle and does nothing more than to

deprive our assessors of a common excuse, sometimes honestly made and

sometimes not, of misunderstanding the meaning of the word "value,"

as used in former statutes upon the same subject. The act was not

intended to and did not introduce a new practice in the assessment of

property for taxation, but on the contrary, was aimed at persuading or

compelling obedience to methods already established by law, but fallen

into partial or total disuse.

The Constitution of 1876, which is now in force, commands that "all

property in this State shall be taxed in proportion to its value," and,

as already explained, the word "value," as used in this connection,

means fair cash market value, or if the article has no market value,

then its real and intrinsic. The Constitution fixes the same standard

of compensation as does the Act of 1907, and if the latter is correctly

designated as a full rendition law then is the Constitution itself also

a full rendition Constitution.

Now, when we are inclined to complain of the trials and hardships of

the present, it is sometimes the part of wisdom for us to recall for

a moment the conditions and circumstances which surrounded us in the

past. For it is by such a comparison alone that we may truly know

whether our situation has indeed changed for the worse, or whether our

complaints are justified.

We have had an ad valorem general property tax in Texas since the

beginning of the Anglo-Saxon government within our boundaries. The

Constitution of 1836 gave to the legislative department of the Republic

an absolutely free hand to shape laws for the raising of a public

revenue at its sole will and pleasure. "Congress," so it was written,

"shall have power to levy and collect taxes and imposts, excise and

tonnage duties." Article 2, Section 1. This authority was sufficiently

broad to enable the Legislature of an independent sovereignty, such as

Texas then was, to determine what persons and what property should be

burdened for the support of the government and what persons and what

property should be exempted. There was no limitation upon the power,

nor any restrictions to prevent whatever discriminations Congress

should see fit to enact.

With this unlimited charter in its hands, the first Congress of Texas

met together in October, 1836, the founders of a new nation, a truly

representative body, great in intellect, great in character and

courage, but greater than all in devotion and loyalty to the eternal

principles of right and justice, which are now, always have been and

always will be the principles of Democracy also. And those ancient

heroes in home-spun, being thus the sovereign legislative body of an

independent people, legislating as well for the planter, with his

broad and fertile lands, tilled by his hundreds of slaves, as for the

wandering hunter and scout, whose Kentucky rifle and pouch of bullets

and horn of powder constituted his sole possessions, passed that

act, entitled "An Act to raise a public revenue by direct taxation,"

approved June 12, 1837. And, after this manner, there came into

being the first "full rendition" statute, which was also the first

statute for the direct taxation of property enacted under Anglo-Saxon

domination in Texas.

For, by this act, Congress required all property owners and all

agents and representatives of such owners, to make out and deliver to

the proper assessing officers inventories showing the value of all

their properties, and to swear that same were just, true and faithful

valuations and lists. If the assessor believed any valuation offered to

him was too low, it was made his duty, summarily and without notice or

formality, to call to his assistance two neighboring citizens, to be

selected by himself, and the three of them were required to persuade

and encourage the reluctant property owner into those straight and

narrow paths where duty leads and virtue is its own and only reward.

From the assessor and his chosen helpers there was no appeal. That

which they said was the full value was the full value, both in law and

in fact, and there was an immediate end of the controversy.

Captain Bill McDonald, Texas Ranger: A Story of Frontier Reform · 第 24 / 25 段