The physical valuation, as represented by two figures—the cost of

reproduction of the physical property, and its present value—was

submitted to the Board of State Tax Commissioners as the work of

Professor Cooley, and in most of the literature descriptive of it, it

has been termed the "Cooley Appraisal."

After the completion of Professor Cooley's work, his figures were

submitted to Professor Henry C. Adams, who had been making a study of

the income accounts of the various companies, and to whom had been

assigned the duty of determining the non-physical or franchise values of

the properties.

Professor Adams has described[5] very fully the plan adopted for this

work, and this plan has been commented on so fully that any lengthy

description is deemed unnecessary. It appears to be perfectly proper,

however, to correct certain misstatements regarding this work.

When it was first determined to make the appraisal, Professor Cooley—not

Professor Adams—was requested to take charge. The assignment to

Professor Adams of the non-physical valuation was made after the

physical valuation was well under way.

The use of a negative or subtractive non-physical value was considered,

and advised by Professor Adams. The work was not undertaken with a view

of "increasing the assessments," but to put the Tax Commission in

possession of a figure which would represent the business value of the

property as well as the physical value.

Professor Adams held that the non-physical element of value was not a

simple commercial element, but included:

{to be a corporation,

The franchise {to use public property,

The possession of traffic not exposed to competition,

The possession of traffic through connections,

The benefit of economies due to density of traffic,

The value due to organization and vitality of industries served.

He also held that, as nothing visible or tangible gave support to this

value, it must be determined on the basis of information secured from

the income accounts of the company.

Without going into any complete description of Professor Adams' method,

it may be said that he made an analysis of the income accounts, and,

after providing for operating expenses and taxes, he deducted, as an

annuity properly chargeable to capital, a certain percentage of the

appraised value of the physical properties. Any remainder was

capitalized to give the true value of the immaterial element, or the

business value.

In the rates of capitalization and annuity used in 1902, there were

certain changes, making them differ from those used in 1900, and

certain changes in the detail of analysis of income accounts and

methods of determining the rates of interest which are entirely

immaterial to the present narrative. The work was of great importance

as being the first exposition of this method of obtaining non-physical

values. It was a fair, logical, and business-like attempt to determine

those elements which give a well-designed, economically-built, or

advantageously-located property a greater value as a money-earning

concern than the actual capital invested, or than the actual value

remaining in its physical property.

It will be seen that, in the case of a property in which the surplus

earnings depend on excessive rates for service, it will fail as a method

of determining a value for use as a basis of rate-making; and it fails,

in the form in which it was used in 1900 and 1902, to bring out those

negative or subtractive elements which may be determined from the income

accounts, in the case of properties which do not earn a fair return on

the investment. This, however, was due to the fact that the taxation

laws of Michigan made no provision for any reduction of value because

property was idle or non-productive, and any such deduction in the case

of corporation property would place it on a different basis from other

property. Professor Adams and his associates, therefore, applied only

positive values, where any such were found, although advocating the use

of negative values.

The writer has seen no criticism of Professor Adams' work which is not

apparently incited by, either the direct interest of corporations in

lowering valuations for taxation, or by an effort to confuse the subject

of valuation so as to discredit the work in the eyes of taxing

authorities. Any person competent to discuss the matter, who has given

Professor Adams' method careful thought, will be forced to the

conclusion that this was a long step in the direction of the final

solution of these important and perplexing elements of value.

History and Results of the Michigan Appraisal.

Based on the valuation of 1900, the Board of State Tax Commissioners was

enabled to comply with the statute in reporting to the Legislature. New

laws were passed, sundry suits were brought, and, finally, the case of

the Michigan Central Railroad _vs._ Perry F. Powers, Auditor-General,

and a number of other cases in behalf of other roads, were brought to

trial before the United States Court for the Western District of

Michigan.

This Michigan Central case was a suit to restrain the collection of

taxes based on the new assessment, the railroads claiming that their

property was assessed at full value, while general properties of the

State were assessed at a considerably lower percentage than full value.

This suit was essentially a valuation of the railroad properties as of

April, 1902. This work was done along the same line as the former

valuation, by a portion of the same staff. The old work was brought down

to date, and certain special studies were made, which resulted in a

change of right-of-way valuation, as has been related.

In the trial of the case of Michigan Central Railroad _vs._ Powers, the

two valuations were fully testified to by all the men engaged, and the

record relative to the appraisal fills several volumes.

Subsequently, in 1906, Professor Cooley was engaged by the

Attorney-General, and, re-assembling the staff, brought the work down to

date as of April, 1906.

There has been no permanent force engaged on the work in Michigan, and

the re-appraisals have only been made as actual necessity demanded.

_Market Value of Stocks and Bonds._—During the progress of the appraisal

of 1900 an independent force of men was engaged in studying the market

values of stocks and bonds of Michigan roads with a view to securing

information on every possible line that would aid the appraiser in

reaching proper conclusions, or enable him to check his figures. These

figures were used only as a check, and no report of the details of this

work was submitted.

_Error in Published Reports as to Michigan Work._—In several articles

descriptive of the Michigan work, one quite serious misstatement of fact

has inadvertently been made. The writer is not quite sure how or where

the wrong impression originated, but it has been noted in several

articles and editorials.

Substantially, all accounts are similar to that of Professor Taylor,[6]

which is:

"In looking over the notes and results of the work done in Michigan, it

was noticed that Mr. Cooley's engineers, car-men and other experts went

over the property of each railway company and enumerated and valued the

same, and then the railway company generally had its own men perform the

same work in order to check up the appraisal made by the State

authorities. Thus, this expensive work was unnecessarily duplicated."

Undoubtedly this statement was made in good faith, and has gained

currency by not having been corrected, but it is not the fact.

The Chicago and Northwestern Railway took immediate steps to make

surveys and secure data, as has been described, and made a complete

appraisal, using the Michigan forms. The result of this appraisal was:

Chicago and Northwestern, present value $8,551,530

State appraisal, present value 8,281,090

In this case the railroad had no records, and the work was of value to

them, not only as a check on the work of the State, but also as giving

them complete records of permanent way. It was not done independently

of, and after, the State work, but was organized so that the field work

of both railroad company and State was done at the same time.

No other complete work of valuation was done by the railroad companies.

During the trial of the cases, no contrary or different valuations were

set up. No special attack was made on the work, except to select here

and there some specific example of a building which was appraised at a

higher figure than cost, perhaps half a dozen in all, and to introduce

expert evidence, particularly on land and right-of-way values. Aside

from the money expended on the litigation, there were no expenditures by

the roads in checking up the work. On the contrary, a number of

managers, at their own expense, had typewritten copies of the final

report as to their own lines made, in order to file in their records.

It is a fact that only one of the seventy-eight roads made a complete

appraisal, covering 387.8 miles of main line, and none of the other

roads or mileage went to any considerable expense.

_The Cost of the Work._—No complete statement of the total cost of the

work of valuation in Michigan has ever been issued as a public document.

The cost of the work, including salaries of appraiser, engineers,

assistants, clerks, all expenses of the Board of Review, all expenses

connected with Professor Adams' non-physical appraisal, also all office

rent, stationery, supplies, telegraph, telephone, and railroad expenses,

printing and binding—in short every dollar chargeable to the Michigan

railroad appraisal of 1900—footed up to $70,604.21.

The exact mileage of roads in the State was:

Main track 7,082.35 miles.

Second track 164.83 "

Branches 730.92 "

Spurs and sidings 2,904.70 "

_________ ______

Total 10,882.80 miles.

Average cost per main-line mile $9.97

" " " total-track " 6.50

The exact figures of cost of the subsequent work of appraisal, or the

costs of the litigation, are not available to the writer. In a general

way, it may be said that the cost to the State of the railroad tax cases

was not far from $75,000, and that the expenses of the second and third

appraisals were less than $50,000, so that, to date, the entire cost to

the State of Michigan is less than $200,000 for the three appraisals and

the litigation growing out of them.

Some information as to details of costs may not be out of place. All

employees were paid a salary and required to provide their own

subsistence. Salaries ranged from $250 to $500 per month for experienced

men, from $125 to $250 for men with only a few years of experience, and

from $75 to $125 for assistants and clerks.

All traveling expenses (except hotel and subsistence) were paid, the

State issuing mileage books to all employees, and receiving a complete

check on the movements of every man through the mileage bureau. The

telegraph and long-distance telephone were used almost exclusively in

communication between the office and the men in the field, all bills

being paid by the State. All expenses of inspection by hand-car,

velocipede-car, etc., were paid by the State, except as the roadmasters

made trips with the inspectors.

The unvarying policy of the appraiser was to reimburse the companies for

all extra expenses incurred on account of the work, and to accept no

transportation or favors from any company.

TABLE 7.—GRAND SUMMARY OF RAILROAD APPRAISAL OF 1900 AS TO

SEVENTY-EIGHT INCORPORATED RAILROADS.

PHYSICAL APPRAISAL.

════╤══════════════════════════════════════╤═════════════╤═════════════

Item│ Subject. │ Cost of │ Present

No. │ │reproduction.│ value.

────┼──────────────────────────────────────┼─────────────┼─────────────

1│Engineering, 4% on items 2 to 25, │ $5,386,772│ $5,386,772

│ inclusive, and on item 33 │ │

2│Right of way and station grounds │ 27,745,313│ 27,745,313

3│Real estate │ 863,337│ 863,337

4│Grading │ 21,699,995│ 21,693,024

5│Tunnels │ 1,148,070│ 1,093,445

6│Bridges, trestles, and culverts │ 8,027,119│ 6,337,819

7│Ties (cross- and switch-ties) │ 11,139,924│ 6,148,748

8│Rails │ 28,703,012│ 21,865,994

9│Track fastenings │ 3,845,030│ 2,987,982

10│Frogs, switches, and crossings │ 1,469,781│ 1,040,120

11│Ballast │ 3,723,558│ 3,723,558

12│Track laying and surfacing │ 6,555,638│ 6,400,972

13│Fencing │ 2,763,595│ 1,627,790

14│Crossings, cattle guards, and signs │ 607,542│ 428,474

15│Interlocking and signal apparatus │ 501,883│ 448,686

16│Telegraph (30) telephones │ 258,985│ 134,797

17│Station buildings and fixtures │ 4,108,736│ 3,111,103

18│Shops, round-houses, and turn-tables │ 2,157,228│ 1,467,569

19│Shop machinery and tools │ 1,107,910│ 882,634

20│Water stations │ 725,670│ 522,135

21│Fuel stations │ 303,289│ 201,461

22│Grain elevators │ 1,336,794│ 1,609,043

23│Warehouses │ 258,646│ 183,910

24│Docks and wharfs │ 5,531,919│ 3,831,934

25│Miscellaneous structures │ 1,234,345│ 856,253

26│Locomotives │ 9,021,517│ 5,092,053

27│Passenger equipment │ 3,197,473│ 2,277,271

28│Freight equipment │ 19,734,240│ 13,690,587

29│Miscellaneous equipment │ 702,940│ 423,689

31│Ferries and steamships │ 1,725,000│ 1,095,500

32│Electric plants │ 93,061│ 89,898

33│Terminals. Included in Items 1 to 32 │ │

34│Legal expenses, 0.5% on items 2 to 25,│ 673,349│ 673,349

│ inclusive, and on item 33 │ │

35│Interest, 3% on items 1 to 34, │ 5,290,549│ 5,290,549

│ inclusive │ │

36│Miscellaneous│Organization, 1.5% on │ 2,645,277│ 2,645,277

│ expenses │ items 1 to 34, │ │

│ │ inclusive │ │

│ │Contingencies, 10% on │ 18,428,759│ 15,127,110

│ │ items 1 to 34, │ │

│ │ inclusive │ │

────┼─────────────┴────────────────────────┼─────────────┼─────────────

│TOTAL COST OF CONSTRUCTION AND │ $202,716,262│ $166,398,156

│ EQUIPMENT. │ │

│ │ │

37│Stores and supplies │ 1,474,829│ 1,474,829

│Average per main-line mile │ 28,263│ 23,495

│ " " total-track mile │ 18,627│ 15,290

│ │ │

│TOTAL VALUE OF NON-PHYSICAL ELEMENT │ │ 35,814,043

│ (H. C. ADAMS) │ │

════╧══════════════════════════════════════╧═════════════╧═════════════

_The Result of the Michigan Work._—Any undertaking must be judged by its

results. The Attorney-General's report for 1906, on pages 21 and 23,

states:

"These cases are among the most important in the history of the State.

They constitute the last step in subjecting railroad property in

Michigan to taxation on the same basis and at the same rate as other

property is taxed, and secure practical uniformity and equality of

taxation between railroad and other property.

"As a result of these cases the various railroad corporations paid in

taxes $4,787,478.15, and as penalty thereon $1,158,321.18, a total

amount of $5,945,799.43 for the years 1902, 1903 and 1904. The 1905 tax

being paid soon after the decision of the Supreme Court, nothing was

paid under the former law (specific tax on earnings) and, of course,

there was no penalty on the 1905 taxes as they were paid before May 1,

1906."

In short, the roads are paying to the State of Michigan an average of

$1,595,826.05 more per year than they paid under the old law, and to

date the State has received about $10,750,000 more from taxes than it

would have received under the old specific tax law.

Railroad development in Michigan has received no appreciable check, and

notwithstanding a 2-cent fare and the bearing of an equal burden of

taxation, the properties are maintained, and improvements,

double-tracking and betterment of general standards fully keep pace with

similar work in other States.

Of course, it must be recognized that other forces besides the appraisal

helped to bring this about. The appraisal of 1900 furnished the

information. Public opinion compelled the passage of the needed laws,

and the magnificent legal work of Attorneys-General Blair and Bird,

Congressman Townsend, and Judge Knappen, and their associates, loyally

supported by Professors Cooley and Adams and the appraisal staff, were

all factors in securing the decision of the Supreme Court of the United

States.

-----

Footnote 5:

Bulletin 21, U. S. Bureau of the Census, p. 78.

Footnote 6:

Bulletin 21, U. S. Bureau of the Census.

RAILROAD APPRAISAL OF THE STATE OF TEXAS.

_Authority for the Work._—In 1893 the Legislature of Texas enacted what

is known as the Stock and Bond Law, which was designed to control and

limit the total amount of stocks and bonds that may be issued on any

railroad property to the "reasonable value of said railroad property."

This law further provides that:

"It shall be the duty of the Railroad Commission to ascertain, and in

writing report to the Secretary of State, the value of each railroad in

this State including all its franchises, appurtenances and property."

The work of valuation in Texas antedates that in Michigan, and offers

some interesting opportunities for comparison of methods under somewhat

similar conditions, as far as the existing roads were concerned. The

work being in the hands of a permanent commission with very broad

powers, it has been possible to secure from recently built roads very

full and specific data as to construction, but with these later

valuations and with the current work of the department, this paper will

not deal.

The Commission of Texas interpreted the law to mean the estimated cost

of reproducing or duplicating the properties at the date of valuation,

allowing current market prices for all material and fair valuations on

all real property.

_Method of Physical Appraisal._—The Commission duly appointed engineers

to make these valuations. The railroads of the State were unfavorably

disposed toward the work, and were inclined to withhold information.

The Texas staff encountered the difficulty due to destruction or loss of

construction records, maps, and profiles. They had for their guidance

only the profiles, filed under a prior law, and were thus compelled to

depend wholly on original field work to secure their data. From a paper

by R. A. Thompson, M. Am. Soc. C. E.,[7] the following description is

taken:

"They [the engineers] with the profiles ... in hand, made a detailed

inspection of the railroads on the ground. The quantities of excavation

and embankment, where the actual quantities could not be obtained, were

estimated approximately from the profiles, using the center heights of

the cross-sections. The classification of the materials in excavation

was determined by inspection. Where original plans and estimates of cost

of the bridges, buildings and structures of all kinds could not be

obtained from the records of the railroads, their value was estimated

from measurements taken on the ground. The extent and acreage of the

right of way, the depot and terminal grounds, were determined by actual

measurement, or from maps furnished by railroads, or from city and

county tax records.

"After an examination of a railroad had been made by the engineers of

the Commission, its valuation was prepared on estimate sheets. Upon

sheets marked Estimate Sheet A ... were recorded the values of the right

of way and depot grounds, roadbed, track, bridges, structures and way

building for each mile, the value of ten miles being recorded on each

sheet.... On these sheets space was provided for the units and prices,

and columns for carrying out the values for each mile and the totals.

"The value of all rolling stock and equipment, and the value of such

properties as were properly applicable and chargeable to the entire

railroad, were recorded on a separate estimate sheet, only one sheet

being used for a railroad."

It thus appears that the general methods of securing the data and making

the field examination were quite similar to those adopted on the

Michigan work. The classification of items on the sheets is rather more

full than on the Michigan summary sheets, but apparently not so

completely in detail as the final compilation of work. In general,

however, the physical items included are complete in both cases. The

form in which the results are finally put up is radically different.

The following points of variations from the practices of the Michigan

appraisal are noted:

(_a_) The unit prices were current market prices.

(_b_) The value applied to right of way and real estate used for

railway purposes was in accordance with the current market

value of other property immediately adjoining, disregarding

donations or property acquired at less than value.

(_c_) No deduction was made on account of depreciation, as it

was considered that all structures must be maintained in

first-class, serviceable value, and renewed when necessary,

and no allowance was made for appreciation of roadbed.

(_d_) No allowance was made for franchise values of any kind,

except track rights in streets.

(_e_) No allowance was made for contingencies, except as made in

prices or quantities.

Their practice was in accord with the Michigan appraisal, in allowing

from 5 to 6% to cover legal and engineering expenses and

superintendence, and from 5 to 6% to cover interest during construction.

_The Result of the Texas Work._—The object sought in Texas was to secure

a capitalization in harmony with the actual investment in the physical

property; in short, to "squeeze out water."

Of course, all stock and bond issues outstanding in 1894 are still in

existence, except as a few roads have been sold out or re-organized. No

new issues of stock or bonds may be made on roads in excess of the

valuation. Consequently, new roads are limited to issues of bonds not

far from $15,000 per mile. The effect is shown by Table 8, from the

Railroad Commission's Report.

TABLE 8.—MILES OF RAILWAY IN OPERATION IN TEXAS, 1894 TO 1908,

WITH OUTSTANDING STOCKS AND BONDS.

═══════╤═══════════════╤═══════════════╤═══════════════╤═══════════════

On June│ Miles of │ Stocks │ Bonds │Total stock and

30th. │ railway in │ outstanding, │ outstanding, │ bonds

│ operation. │ per mile. │ per mile. │ outstanding,

│ │ │ │ per mile.

───────┼───────────────┼───────────────┼───────────────┼───────────────

1894│ 9,154│ $15,076│ $25,726│ $40,802

1895│ 9,291│ 14,874│ 25,420│ 40,294

1896│ 9,437│ 14,647│ 25,302│ 39,949

1897│ 9,484│ 14,320│ 24,793│ 39,113

1898│ 9,540│ 14,205│ 24,036│ 38,241

1899│ 9,702│ 13,997│ 23,562│ 37,559

1900│ 9,867│ 13,724│ 23,202│ 36,926

1901│ 10,154│ 12,922│ 22,649│ 35,571

1902│ 10,617│ 12,388│ 21,779│ 34,167

1903│ 11,029│ 11,971│ 21,464│ 33,435

1904│ 11,495│ │ │ 32,400

1905│ 11,662│ │ │ 33,418

1906│ 12,056│ │ │ 32,886

1907│ 12,577│ │ │ 32,142

1908│ 12,830│ │ │ 32,305

═══════╧═══════════════╧═══════════════╧═══════════════╧═══════════════

Total reduction, up to 1903, of stock per mile $3,105

" " " " " " bonds " " 4,262

─────────────────────────────────────────────────────

Total stock and bonds $7,367

E. L. Corthell, M. Am. Soc. C. E., speaking of results secured by the

Texas law, says[8]:

"The law, and generally its just operation, has cured many unmitigated

and notorious evils. Not only has the public in Texas been benefited,

but also the investor in railroad securities from the outside of the

State. The people of Texas now have just and uniform rates of

transportation, and the investor knows what he is purchasing, and may be

reasonably sure of a return on his investment."

Mr. Thompson says[9]:

"Another significant fact is that only a short time before the Stock and

Bond Law became effective about 39% of the railroads in Texas were in

the hands of receivers. To-day there is not a mile, of the 11,300 miles

in Texas, in the hands of receivers, and, with a few unimportant

exceptions, no railroad has been in the hands of receivers since the law

went into effect. The fact is that there has been no piece of

legislation, in this or any other State of the Union during the past

decade, which has been so fruitful of results and beneficent in its

action, alike to the railroads and the people."

-----

Footnote 7:

_Transactions._ Am. Soc. C. E., Vol. LII. p. 328.

Footnote 8:

_Transactions._ Am. Soc. C. E., Vol. LII. p. 346.

Footnote 9:

_Ibid._, p. 364.

RAILROAD APPRAISAL OF THE STATE OF WISCONSIN.

The Valuation of Public Service Corporation Property Transactions of the American Society of Civil Engineers, vol. LXXII, June, 1911, ASCE 1190 · 第 7 / 35 段