The people of New York, like the people of every other State in the

Union, are to be congratulated, because during the past year the

Nation has carried to a brilliant triumph one of the most righteous

wars of modern times. When last spring it became evident that the

interests of humanity and of national honor alike demanded that we

should drive Spain from the Western Hemisphere and free from her

tyranny the subject peoples of the islands of the sea, New York

responded with eager zeal to the call for volunteers, and in the

Cabinet, in Congress and in camp, her representatives did all they

could to insure the success of the American policy. We are not merely

New Yorkers. We are Americans; and the interests of all Americans,

whether from the North, the South, the East or the great West, are

equally dear to the men of the Empire State. As we grow into a mighty

nation, which, whether it will or not, must inevitably play a great

part for good or for evil in the affairs of the world at large,

the people of New York wish it understood that they look at all

questions of American foreign policy from the most thoroughly national

standpoint. The tropic islands we have taken must neither be allowed

to lapse into anarchy nor to return under the sway of tyranny. War

is a grim thing at best, but the war through which we have passed

has left us not merely memories of glory won on land and sea, but

an even more blessed heritage, the knowledge that it was waged from

the highest motives, for the good of others as well as for our own

national honor. Above all, we are thankful that it brought home to all

of us the fact that the country was indeed one when serious danger

confronted it. The men from the East and the West, from the North and

the South, the sons of those who wore the blue and of those who wore

the gray, the men of means and the men who all their lives long had

possessed only what day by day they toiled to earn, stood shoulder to

shoulder in the fight, met the same dangers, shared the same hardships

and won the same ultimate triumph.

In our domestic affairs, the State is to be congratulated on the

gradual return of prosperity. Though temporarily checked by the

war this return has been on the whole steady. The capitalist finds

constantly greater business opportunities; the wage-worker, in

consequence, is more steadily employed; the farmer has a better

market.

TAXATION

No other question is of such permanent importance in the domestic

economy of our State as the question of taxation. At present our

system of taxation is in utter confusion, full of injustices and of

queer anomalies. It is an exceedingly difficult subject, one well

worthy the attention of our best men, the men with most highly trained

minds and the broadest practical experience; men who are able to

approach the subject from the standpoints alike of the farmer, the

merchant, and the manufacturer. Not only is it necessary to consider

whether any kind of tax ought, if practicable, to be levied, but

whether it is in fact practicable to levy it. We should discourage the

building up of non-taxable interests, and yet we should discourage

driving property out of the State by unwise taxation, or levying a

tax which is in effect largely a tax upon honesty. I most earnestly

commend the whole matter to your special attention.

* * * * *

MESSAGE OF THE GOVERNOR OF NEW YORK TO THE LEGISLATURE, MAY 22, 1899

STATE OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, _May 22, 1899_

_To the Legislature_:

I have called you together in extraordinary session for the purpose of

considering the subject of the taxation of franchises.

My message to the Legislature of March 27, 1899, ran in part as

follows:

“At present the farmers, the market gardeners, and the mechanics and

tradesmen having small holdings are paying an improper and excessive

portion of the general taxes, while at the same time many of the

efforts to remedy this state of affairs, notably in the direction of

taxing securities, are not only unwise, but inefficient, and often

serve merely to put a premium upon dishonesty.”

* * * * *

“There is evident injustice in the light taxation of corporations. I

have not the slightest sympathy with the outcry against corporations

as such, or against prosperous men of business. Most of the great

material works by which the entire country benefits have been due to

the action of individual men, or of aggregates of men, who made money

for themselves by doing that which was in the interest of the people

as a whole. From an armor plant to a street railway no work which is

really beneficial to the public can be performed to the best advantage

of the public save by men of such business capacity that they will not

do the work unless they themselves receive ample reward for doing it.

The effort to deprive them of an ample reward, merely means that they

will turn their energies in some other direction; and the public will

be by just so much the loser. Moreover, to tax corporations or men

of means in such a way as to drive them out of the State works great

damage to the State. To drive out of a community the men of means

and the men who take the lead in business enterprises would probably

entail, as one of its first results, the starvation of a considerable

portion of the remainder of the population.

“But while I freely admit all this, it yet remains true that a

corporation which derives its powers from the State should pay to the

State a just percentage of its earnings as a return for the privileges

it enjoys. This should be especially true for the franchises bestowed

upon gas companies, street railroads and the like. The question of

the municipal ownership of these franchises can not be raised with

propriety until the governments of all municipalities show greater

wisdom and virtue than has been recently shown, for instance, in

New York City; and the question of laying and assessing the tax for

franchises of every kind throughout the State should in my opinion be

determined by the State itself. I need not point out to you that in

foreign communities a very large percentage of the taxes comes from

corporations which use the public domain for pipes, tracks and the

like.”

I stated that the power of assessing the tax on franchises should be

left with the State authorities—not the local authorities—because in

my view this was desirable both for the sake of providing against

improper favoritism of or discrimination against corporations by

the local authorities, for the sake of working equity as between

the franchises in different localities, and finally for the sake of

providing for the cases where a railroad or telephone or telegraph

line runs through several different communities.

Many representatives of corporations owning franchises heartily

approve of having them properly taxed; and I am confident that, in the

end, this will be of positive benefit to the franchise owners, and in

no way oppressive to them, save as all taxes are oppressive to all

owners of property.

The line of cleavage between good and bad citizenship does not

follow the line dividing the men who represent corporate interests

from the men who do not; it runs at right angles to it. We are bound

to recognize this fact, to remember that we should stand for good

citizenship in every form, and should neither yield to demagogic

influence on the one hand, nor to improper corporate influence on

the other. There is no intention of oppressing people who have put

their money into franchises. We recognize that, as in the case of

all legitimate business, they benefit not only themselves but the

community at large. If a franchise is worth very little, it should

be taxed very little; but where the franchise is of great value, it

certainly should be heavily taxed; and the value is of course based

upon the use of the city’s or State’s real estate. Such use of the

public real estate should not be given without substantial returns;

returns not only in the way of service to the public, which of course

a street railway or a gas company gives, precisely as the proprietor

of a grocery or dry goods store gives it, but also in the way of

bearing a just share of the burden of taxation; again, precisely

as the owner of the grocery or dry goods store bears his share,

the difference being that a railroad company, for instance, owes

infinitely more than the proprietor of a big business establishment

does, to the real estate itself. Of course, this value differs greatly

in different places. Where population is dense, as in New York City,

the real estate along which the tracks are laid on Broadway may be

worth an immense amount for every lineal foot, exactly as the real

estate fronting this portion of Broadway is worth an immense amount

for every lineal foot. In sparsely settled districts, however, the

value of the real estate of the railroad will diminish greatly, just

as the value of the realty through which it runs diminishes.

I am perfectly well aware that as Chief Justice Marshall says: “The

power of taxation is the power of destruction.” But this applies to

every species of property. If demagogues or ignorant enthusiasts who

are misled by demagogues could succeed in destroying wealth, they

would of course simply work the ruin of the entire community; and

first of all, of the unfortunates for whom they profess to feel an

especial interest. But the very existence of unreasoning hostility to

wealth should make us all the more careful in seeing that wealth does

nothing to justify such hostility. We are the true friends of the men

of means, we are the true friends of the lawful corporate interests

which do good work for the community, when we insist that the man of

means and the great corporation shall pay their full share of taxes

and bear their full share of the public burdens. If this is done,

then sooner or later will follow public recognition of the fact that

it is done; and when there is no legitimate basis for discontent, the

American public is sure sooner or later to cease to feel discontent.

The Legislature passed, and there is now before me, a bill for the

taxation of franchises by treating them as realty. After watching the

progress of this bill I became convinced that the opposition to it

was less to its particular features than to the general principle of

taxing franchises in any way; in other words, I became convinced that

any really effective measure of taxation aimed at franchises would

be vigorously opposed. It therefore became of the utmost importance

to secure this year some statutory enactment which would distinctly

recognize the principle which we seek to establish. Toward the end

of the session it became evident that the influences against the

taxation of franchises would be content with nothing save the defeat

of any measure of substantial relief; and a measure of less than

substantial relief I would not accept. Finally it became evident that

the Legislature could pass only one bill and that without amendment.

I therefore sent in a special message asking for the passage of this

bill. It was passed on the last day of the session. It represents a

long stride in the right direction, and one from which there must be

no retrogression.

Nevertheless, it can be greatly bettered if amended in two important

particulars. In its essential principle, that of taxing franchises

as realty, it is right and proper. After much study of the question,

I am convinced that in this way we can come nearer to doing justice

than in any other which has as yet been proposed. It is no new thing

to treat franchises as realty. They are so treated in Washburn’s

work on real property, and by Chancellor Kent; but under the laws

of New York as they are now a franchise can not be taxed except by

special statute, and as a matter of fact this extremely valuable

species of property is in very many, if not in most, cases untaxed

or taxed far below its value in comparison with other kinds of real

estate. Local franchises are granted for various purposes and under

varying conditions; sometimes by special statute and sometimes by

the municipal authorities under a general statute. The value of the

franchise of course varies widely in different localities, depending

upon a variety of circumstances; but a great part of its value is

dependent upon the same causes which operate to make other kinds

of real estate more valuable in one locality than in another. The

franchise is inseparable from the property of the corporation in the

street, whether this property consists of poles, pipes, or tracks,

above the ground, under the ground, or on the ground. The right to

lay a railroad track and operate a railroad in a public street can

not be separated or dissociated from the railroad itself. This is

equally true of the right to lay water and gas mains and the like.

The franchise is a necessary and inevitable element of value and is

a proper subject of consideration in determining the taxable value of

the real property of the corporation enjoying it. The right to occupy

a street should not be classed as an intangible something, distinct

from the other property of the company, but should be treated as a

necessary incident to the tangible property and one to be considered

in measuring the value of the whole property. The Nichols law in Ohio

which provides for the taxation of certain kinds of corporations such

as telegraph and telephone companies and the like, doing business in

the public streets, proceeds along these lines, and has in practice

been found to work admirably. It is possible that further experience

may enable us to find some better method of taxing franchises, but

with our present knowledge it is certainly wisest to tax them as

realty.

Under the bill before me the assessment will be levied by the local

authorities. This would result in many cases in a dozen different

sets of local authorities assessing the value of different parts

of the same franchise. It is on every account far better that this

assessment should be delegated to the State authorities who will

necessarily ascertain all the conditions affecting the franchise and

obtain information which will enable them to judge of the value of

the franchise in the different localities in which it is exercised.

The Board of State Tax Commissioners can collate the facts, compare

conditions and determine values as a result of a wider range of

observation and experience than can be obtained by local officers,

and under them the system of assessment will tend to produce justice,

harmony and uniformity. This is the system adopted under the Nichols

law and it has worked well in practice.

Furthermore, the bill before me fails to take account of the fact

that, in a very unequal and irregular way, many corporations do

already pay a certain, though usually an utterly inadequate sum in

taxes. Some pay nothing at all to the local municipalities, but others

pay sums varying from one to five per cent on their gross earnings.

The amounts have been determined in the most haphazard manner and bear

no proportion whatever to the value of the franchises or to their

earning capacity. It is obviously unjust, when introducing a system

under which we believe that these franchises will for the first time

be fully and fairly taxed according to their respective values, not

to allow for this existing and inequitable taxation. Accordingly it

should be provided that from the sum assessed by the State authorities

as the tax which a corporation must pay because of its local

franchise, there shall be deducted the amount already annually paid by

it to the locality for such franchise. In no other way is it possible

to tax these corporations with uniformity and equity. It is contended

by the advocates of the bill that in reaching the value of the

franchise under the new law the amount thus paid away in taxes must

be allowed for and deducted anyhow; but it is not certain that this

would be done, and in any event the principal should be definitely

established by the law itself. There can be no possible opposition to

putting it in the law by any man who is anxious to tax corporations

as other property is taxed, and who believes that this end can be

attained by taxing them as realty. Either by taxing them as realty we

shall tax them at their full value, or we shall not; if, as we hold,

the former is the case, it would be unjust to tax them for more than

their full value, and this would happen were not these existing taxes

deducted.

If it is claimed that the particular method of assessment by the

State Tax Commission may be improper or unjust, provision can be made

for the same appeal to the courts that now lies in the case of any

assessment on other kinds of property.

Accordingly, I recommend the enactment of a law which shall tax all

these franchises as realty, which shall provide for the assessment

of the tax by the Board of State Tax Commissioners, and which shall

further provide that from the tax thus levied for the benefit of each

locality there shall be deducted the taxes now paid by the corporation

in question. Furthermore, as the time for assessing the largest and

wealthiest corporations, those of New York and Buffalo, has passed for

this year, and as it will be preferable not to have the small country

corporations taxed before the larger corporations of the cities are

taxed, I suggest that the operations of the law be deferred until

October first, of this year.

THEODORE ROOSEVELT.

MESSAGE OF THE GOVERNOR OF NEW YORK TO THE LEGISLATURE, JANUARY 3, 1900

STATE OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, _January 3, 1900_

_To the Legislature_:

It is a very genuine pleasure to congratulate the Legislature upon

the substantial sum of achievement in legislation and administration

of the past year. Laws of the utmost usefulness to the community

have been enacted, and there has been a steady betterment throughout

the year in the methods and results of the administration of the

government.

* * * * *

The whole problem of taxation is now, as it has been at almost all

times and in almost all places, one of extreme difficulty. It has

become more and more evident in recent years that existing methods

of taxation, which worked well enough in a simpler state of society,

are not adequate to secure justice when applied to the conditions of

our complex and highly specialized modern industrial development.

At present the real estate owner is certainly bearing an excessive

proportion of the tax burden. Men who have made a special study of

the theory of taxation and men who have had long experience in its

practical application are alike in conflict among themselves as to the

best general system. Absolute equality, absolute justice in matters of

taxation will probably never be realized; but we can approximate it

much more closely than at present. The last Legislature most wisely

appointed a committee to consider the feasibility of a thorough and

far-reaching change in our tax laws; and there is good reason to

believe that their forthcoming report will present a scheme which will

receive the support of substantially all classes of taxpayers, and

which will be of such a character as to commend itself to the most

careful consideration of your body upon broad lines.

The law must not only be correct in the abstract; it must work well

in the concrete. Experience shows that certain classes or symbols of

property which in theory ought to be taxed can not under the present

practice be reached. Some kinds of taxes are so fertile in tempting

to perjury and sharp dealing that they amount to taxes on honesty—the

last quality on which we should impose a needless burden. Moreover,

where the conditions and complexity of life vary widely as between

different communities, the desirability and possibility of certain

taxes may seem or be so different that it is hard to devise a common

system that will work. If possible the State tax should be levied on

classes of property, and in a manner which will render it collectible

with entire fairness in all sections of the community, as for instance

the corporation or collateral inheritance tax is now collected. So far

as possible we should divorce the State and municipal taxes, so as

to render unnecessary the annual equalization of values between the

several counties which has proved so fertile a source of friction

between the city and the country.

There is a constant influx into New York State of capital ofttimes

previously incorporated under the laws of other States, and an

increasing number of men of means from other parts of the country,

non-residents of New York, come into this State to sojourn and to

conduct and be at the head of various business enterprises which are

drawn to New York as the financial centre of the whole country. This

calls for legislation which shall provide, in a broad and fair spirit,

for taxing foreign capital in this State, whether in corporate or

individual form, exactly as we tax domestic capital doing business

along the same lines.

I call your attention to the fact that the great burden of taxation

is local, not State. In the large cities the heavy local charges are

mainly due to the action of the local authorities themselves. For

this the local authorities are of course responsible. But sometimes

taxation is added to by legislative enactment.

On certain points the failure of the tax laws has become so evident

that it is possible to provide more or less complete remedies without

waiting for a general scheme of reorganization. Again and again

in recent years this has been recognized, and through legislative

enactment certain species of property which had escaped taxation

have been made to pay their proper share of the public burdens. The

collateral inheritance tax offers a case in point. The corporation

tax offers another. In all these matters of taxation, however, it is

necessary to proceed with extreme caution, the path never being so

simple and clear as the advocates of any particular measure invariably

believe. Every wealthy corporation that perpetrates or is allowed to

perpetrate a wrong helps to produce or inflame a condition of angry

excitement against all corporations, which in its turn may in the end

harm alike the honest and the dishonest agents of public service and

thereby do far-reaching damage to the whole body politic. Much of the

outcry against wealth, against the men who acquire wealth, and against

the means by which it is acquired, is blind, unreasoning and unjust;

but in too many cases it has a basis in real abuses; and we must

remember that every act of misconduct which affords any justification

for this clamor is not only bad because of the wrong done but also

because the justification thus given inevitably strengthens movements

which are in reality profoundly anti-social and anti-civic. Our laws

should be so drawn as to protect and encourage corporations which do

their honest duty by the public; and to discriminate sharply against

those organized in a spirit of mere greed, or for improper speculative

purposes.

There is plenty of misconduct, plenty of selfish disregard of the

rights of others, and especially of the weak. There is also plenty of

honorable and disinterested effort to prevent such misconduct or to

minimize its effects. Any rational attempt to prevent or counteract

the evils, by legislation or otherwise, is deserving of hearty

support; but it can not be too deeply impressed upon us that such

attempts can result in permanent good only in proportion as they are

made in a sane and wholesome spirit, as far removed as possible from

whatever is hysterical or revolutionary. It is infinitely better when

needed social and civic changes can be brought about as the result

of natural and healthy growth than when they come with the violent

dislocation and widespread wreck and damage inevitably attendant upon

any movement which is revolutionary in its nature.

Presidential addresses and state papers, Volume 2 (of 7) · 第 22 / 27 段