In these modern days of frock coats and silk stockings and peace and

comfort, we would incline to think that the Act of 1837, which put a

"big stick" in the hands of the assessor, would have been sufficiently

strenuous to have satisfied even that most strenuous of officers, our

worthy President Theodore Roosevelt. But there were mighty men in those

old days, when Sam Houston was at the head of the Lone Star Republic,

and this problem was as meal between their teeth. They enjoyed it to

the uttermost. They enjoyed it so much that they could not keep their

minds occupied with other things, and, in 1838, Congress amended and

strengthened the original "full rendition" bill so as to require every

property owner to swear a still harder swear, to wit, that his list

was a true and perfect inventory and account of his property and its

value. A true and perfect valuation! Think of it, O ye who strain at

gnats in these meek and modern day! A most vigorous oath, indeed, was

that. Strong and bitter, like the medicines they took in those good old

times. And yet I must own to it, gentlemen, that I have nowhere heard

or read that either the oaths or the medicines did them any harm.

I have recalled to your recollection those old days of the golden age

of Texas for one purpose only, which is that you may be reminded how,

in the words of Solomon, "there is nothing new under the sun." There

is nothing new, not even our troubles, and I can imagine that, even

in the time of the Republic, our citizens desisted momentarily from

the lighting of Mexicans and the pursuit of hostile Indians to hold

indignation meetings all the way from Nacogdoches to Matagorda Bay,

where fierce protests were drawn and adopted, condemning Houston and

Lamar and the members of the First Congress for their wickedness in

procuring the enactment of a "full rendition" statute with which to

oppress and impoverish the Lone Star people.

I, myself, am reminded in this connection of the solemn utterances of

some of the daily newspapers, most excellent oracles of Democracy,

warning us in editorial columns long that this is a new country, where

a continuous stream of bottoms is dropping out of our real estate

booms, and that it is a great big mistake to assess our new and fragile

values at anything approaching their face. And in my mind's eye, I

can see right now one of those ancient and beloved heroes, recently

companion to the immortal Davy Crockett, the tails of his coonskin cap

fluttering in the wind, addressing an indignation meeting in the days

of the First Congress, arousing unlimited enthusiasm with the very

same argument which is now so commonly used, founded upon the newness,

three-quarters of a century ago, of this country of ours, which some of

us profess to believe has not yet grown sufficiently old to tell the

truth for purposes of taxation.

The statutes of Texas have always been "full rendition" statutes, and

our Constitutions, except for that one which was adopted in 1836,

have always been "full rendition" Constitutions. And, in my judgment,

there can be no honest attempt at a fair adjustment of the burdens of a

direct tax upon the general property of this or any other country which

does not make a decent effort at an equalization in proportion to the

true value of each article which is taxed. The true value of an article

is necessarily its fair, full value, nothing more and nothing less. If

we levy general property taxes, we are compelled to require by law that

all property subject to the levy shall be taxed in proportion to its

value, and such a rule is inevitably a law for a "full rendition."

If a government were to command that its taxables should be listed at

one-fourth their full value, and that a tax of $1 on the $100 should

be levied on the values so listed, it would in substance have enacted

a law for the taxation of its property, at full value, at 25 cents on

each $100, and no amount of figuring can make out of it anything less

or anything more.

The proposition that property shall be taxed at one-fourth, or at

one-fifth, or at any other fractional part of its true and full value

is wholly inadequate to meet any of the objections which are urged

against the "full rendition" bill. If a tract of land be assessed at

$100 an acre at its full value, January 1, 1908, and by reason of any

change in conditions, the value has diminished before the arrival of

the tax-paying season, say December 31, 1908, to $50 an acre, and, if

it be assumed that it would be an injustice under those circumstances

to require the owner to pay a tax in December which is based upon such

a valuation, still the slightest reflection will convince you that this

injustice has not been obviated by assessing the land at $25 an acre

and, at the same time, multiplying the tax rate by four. In either case

precisely the same amount of money is exacted from the owner, and, in

either case, the tax is in truth based upon the full value January 1st,

which we have assumed to be $100 an acre, and no account is taken of

any subsequent depreciation.

But, if it be urged that the owner will be better satisfied to pay 25

cents an acre if his land be valued at $25 an acre than he will be to

pay the same 25 cents on the same acre upon a valuation of $100, then

I can only answer by saying that the Texans with whom I am acquainted

are so well fixed with brains that you can not fool them with a trick

so transparent as this. If a citizen pays a tax of $50 on a 200-acre

farm, he knows that he is out just $50 in good, common, hard cash, and

all the assessors and collectors in the State can not fool him into

the belief that he has paid only $40 by showing him how low his land

was assessed and how high it was taxed. Having paid his money, he will

feel neither better nor worse because of the valuation put upon his

property, provided only that he has had a square deal as compared with

the other taxpayers.

This is the whole of the tax question, as I see it--to deal justly

with every man in the sight of God--to tax every person as nearly as

possible in proportion to his ability to pay. And under any ad valorem

system the measure of the ability of each individual and the only

approximately fair measure which the ingenuity of man has ever been

able to devise is found in the reasonable, full value of the taxable

property of every owner.

No revenue law is wholly bad which tends in this direction and, on the

other hand, every such law is good and valuable in direct proportion as

it is so drawn that it will aid in bringing about this all-desirable

equality in the imposition of public burdens.

Granting that taxes are apportioned with reasonable fairness, there

is but one way whereby an impartial reduction can be had and the

benefits of such reduction distributed proportionately and honestly

among the taxpayers, and this way is by cutting down the expenses of

the government. Every other effort is either the pursuit of a ghost,

leaving the pursuer empty handed if he were to succeed in catching it,

or it is an effort at tax dodging. The average taxpayer is no shirk,

and the very best for which he can hope and the things for which he

should always be demanding are, first, an economical administration of

public affairs, and, second, the utmost fairness in the distribution of

public burdens.

The Constitution of Texas, as I have already shown, has always

commanded an equality in taxation, to be attained by levying upon

all property in proportion to its value. The laws of Texas have been

enacted in obedience to the constitutional mandate, as full rendition

laws, but have until the late session of the Thirtieth Legislature

failed in one respect, at least, for they provided no adequate means by

which they might be enforced. And under these laws, which on the face

required a fair assessment, but did not undertake to compel obedience

to their provisions, a practice of evasion was begun and spread all

over the State, until a condition prevailed which was anarchy, pure and

simple. County strove against county and neighbor against neighbor,

each one trying unjustly to shift some portion of his rightful burden

to the shoulders of another. It was a reign of lawlessness, gentlemen,

when, as some of you members have demonstrated, the average assessment

in one county was only 24 per cent. of the value of the property

assessed, while the average in another county was as much as 75 per

cent. And the remaining counties of the State ranged themselves

anywhere you please between these two extremes.

Equality in taxation was a thing dead and forgotten, and honorable

people were being taught to look with contempt upon the affidavits

which were required to be made before the assessors. A strong and manly

people who throughout their history had held the vice of lying in

peculiar detestation, were made accustomed to falsehoods, uttered for

profit, under the supposed sanction of an oath. A condition prevailed

which would in time have compelled the moral deterioration of all

citizens.

Now, it is certain that it is one of the most important of the

functions of government that it shall secure justice and fair dealing

as between all those who are subject to its jurisdiction. But more

than this, and more than all else, it is the duty of those who are

in control of public affairs that they shall permit no condition to

continue which threatens to undermine the moral character of its

people. For I venture the opinion that civilization is not builded of

capital and labor alone, but that its chief component parts are the

love of virtue and the sense of honor and the devotion to truth and

integrity which are in the hearts of all persons, and if these good

attributes are no longer actuated by these high ideals, then I predict

that mankind will have become from that moment forward incapable of

maintaining social order.

The practice of undervaluing property for purposes of taxation, which

had become common and almost universal in Texas, was destructive of

all possibility of justice as between the respective owners, and

had in addition thereto a distinct tendency to debase the morals of

an uncontaminated and virtuous people. The movement for what I will

venture to call purer and better laws did not begin in the Thirtieth

Legislature, but years and years ago, and the so-called Full Rendition

act of 1907 is merely a mile-stone in the forward march of a progress

which has continued throughout the ages, and which will never end.

The statute for the taxation of banks and banking capital is a "full

rendition" statute, designed to enable and to require assessors to

list at full value the stocks or properly of such institutions and all

funds employed in that particular business. The act for the taxation

of the intangible assets of railroads, an act which I had the pleasure

of assisting to pass in the Twenty-ninth Legislature, is another "full

rendition" law, under the operations of which nearly $174,000,000 of

additional railroad values is exposed to view and listed and taxed.

These and other statutes of the same kind, which I have not the time

to mention, are just and fair, if all other property is also assessed

approximately at its value, but they become discriminatory and

oppressive as soon as undervaluations of other taxables are purposely

allowed.

I am fully aware that there are certain vices which appear to be

necessarily inherent in any system that can be devised for the direct

taxation of both real and personal property. And while I am not

inclined to believe that these vices render this character of tax more

difficult of fair apportionment than is any other, yet I would not

for a moment attempt to render blind either myself or you to those

imperfections and weaknesses of human nature which make it apparently

impossible entirely to effect the purpose of any law, no matter how

just or wise it may be. But I would remind you that we can not give

ground in the face of this argument without abandoning all effort at an

orderly rule of society and plunging headlong into the deadly chaos of

anarchy. If our inability, entirely and in all cases, to enforce a full

rendition law is just cause for the abandonment of the full rendition

principle, then, in the same way and for the same reason, we shall be

driven from any other plan that we may adopt. Indeed, if we once admit

the force of this objection, we must abandon all law, for in no case

are we able satisfactorily to enforce any statute which is upon our

books.

Remember, gentlemen, I make no pretense that perfection has been

attained in the act of the Thirtieth Legislature, or that the act

is incapable of improvement. What I am contending is that it is a

step forward, and that this body, standing as it does for the ideal

aspirations of the business men of Texas, must take no step backward.

To repeal this statute, setting up nothing better in its place,

retreating to a condition of which you, as thoughtful and patriotic

citizens, must have been sick at heart, may bring us to have "fewer

laws," but I am not able to persuade myself that those laws which are

left will thereby have become any the better.

In my judgment, _ex parte_ affidavits, which have the effect of making

the truth cost money and of rewarding falsehood as if it were a virtue

and not a vice, ought not to be exacted in any but the rarest of cases,

and only where no other source of information can reasonably be found.

And, for this reason, I have long preferred that the visible property

of the State should be valued and assessed by the assessor rather than

by the owner. But I am greatly in the minority in my opinion of this

subject, and because that opinion is of absolutely no consequence, I

refrain from enlarging upon it.

Proceeding, then, along the only road which is open for travel, and

assuming that each owner shall continue to fix the _prima facie_ value

of his own assets, it can not be successfully denied that the interests

of society demand that such valuation shall be made under oath, and

that the value stated in every affidavit shall be the true, full value

and not an arbitrary, assumed and fictitious proportion of the same.

The "full rendition" law, considered in connection with other statutes

in force upon the same subject, provides an admirable system of

local equalization, and tends in a very considerable degree toward

equalization throughout the limits of Texas.

But this is a State of vast areas and of prodigious distances, and in

any such widely extended territory it seems to me that the physical

conditions alone are sufficient to demand the enactment into law of

some method of apportionment which will not depend entirely upon

local views and local sentiments. It must be kept in mind that, while

the Attorney-General may sue to remove from office any assessor or

member of a board of equalization whom he believes to be guilty of

intentionally accepting undervaluations, yet, convictions for such

offenses are always difficult to secure and the prosecution of the

vast majority of such cases would be no better than a farce. The

State government is practically without power to compel reasonable

assessments in any county or section where the citizens are largely

opposed to full rendition. The administration has no legal authority

which it can effectually use, but must confine itself to moral suasion

alone, and in controversies where interested parties are arrayed upon

opposite sides, we, as a people, have never regarded moral suasion and

merely moral responsibilities as a sufficiently effective force to be

worthy of serious mention. We will not permit a judge to hear a case in

court, or a juror to sit on a jury where either the plaintiff or the

defendant is related to him within the third degree, either by blood

or marriage. Arbitrators must be without interest and not related to

the parties, and, in general, wherever an act is authorized which may

affect the rights of others, the law is vigilant in requiring that

the officer or person acting shall be disinterested and impartial.

Everyone will agree that these precautions against injustice are right

and necessary, and yet I can conceive of no good reason why interested

parties or their relatives may not be permitted to adjudge any other

disputed claims quite as well, and with just as large a probability

that justice will be done as when they were asked to determine what

amount of State taxes they will pay.

A compulsory equalization of some character seems to me the next step

to be taken in the forward march toward fairer taxation in Texas. We

have come a long way from that original plan of 1837, by which an

assessor and two neighbors arbitrarily determined what a property

owner should pay, but we are still very far from home. Nor should this

occasion surprise, for if the law is to be worthy of respect, if it

is to be in any way effective as a force for the right, it must not

be fixed and unchangeable, but, on the contrary, must be capable of

infinite variety and infinite development, growing with the growth

of the people who are its creators and enforcers, eternal in seeking

justice, but flexible in adapting itself to the present.

In conclusion, gentlemen, permit me to call to your attention very

briefly a few of the effects of the new tax laws. For if we are to

return, as at least one candidate for high office is insisting, to the

old order of things, we are abandoning not merely the so-called Full

Rendition law, but all other of the recent enactments upon the same

subject. We are to abandon the intangible tax law, the franchise tax

law, the law taxing the gross receipts of certain corporations, and all

other of the statutes of the Twenty-ninth and Thirtieth Legislatures by

which a fairer adjustment of the burdens of government was sought to be

secured. And if we abandon these laws we must abandon their undeniable

benefits as well as their doubtful disadvantages, and pay taxes as we

paid them in the good old times.

Now, in 1906, when these laws were either tied up in court or not yet

in force, the property owners of Texas were called upon to pay a total

ad valorem tax for the expense of the State government of $2,443,637,

but in 1907 the ad valorem tax for State expenses was reduced to

$2,044,566. The operation of the new tax laws reduced the burdens put

upon property owners by $400,000, and of the amount which property was

still required to pay, something near $214,000 was levied upon railroad

intangibles. The saving upon the general property, aside from railroad

and corporation taxes, was $614,000 for that single year, for State

expenses alone. In the same way, the saving for the year 1908 will not

be less than $900,000 on State expenses, not including the school fund.

It can not be successfully denied that the new tax laws have tended

largely toward an equitable distribution of tax burdens and that

in doing this they have diminished the amount paid by the average

citizen. The intangible assets tax alone brought in a revenue for

1907 of $1,470,000 to the State and its counties, and cost for its

administration the insignificant sum of $2,650, a result which can not

be surpassed in the history of governmental finance.

These are the triumphs which we are asked to abandon by returning to

that system where "the assessors under the commissioners courts made

the assessments as under former laws."

Now, gentlemen, I for one am not disposed to retreat. I am intending to

go forward, not backward. And in the course which I am determined to

pursue I am expecting to go arm in arm in the company of the most of

those who are here to-day as the representatives of commercial Texas.

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