142

THE  A  B  C  OF  TAXATION

railroads,  all  railroad  structures,  substructures,  and
superstructures,  tracks  and  the  iron  thereon;  branches,
switches,  and  other  fixtures  permitted  or  authorised  to
be  made,  laid,  or  placed  in,  upon,  above,  or  under  any
public  or  private  road,  street,  or  ground;  all  mains,
pipes,  and  tanks  laid  or  placed  in,  upon,  above.or  under
any  public  or  private  street,  or  place  for  conducting
steam,  heat,  water,  oil,  electricity,  or  any  property,
substance,  or  product  capable  of  transportation  or
conveyance  therein  or  that  is  protected  thereby;  all
trees  and  underwood  growing  upon  land,  and  all  mines,
minerals,  quarries,  and  fossils  in  and  under  the  same,
except  mines  belonging  to  the  state.”
What  is  known  as  the  Ford  amendment  was  an  addition ­
  of  seven  lines  to  the  above  section  further  elaborating ­
  the  legal  definition  of  ‘‘land”  in  the  following  words:
Including  the  value  of  all  franchises,  rights,  authority,  or
permission  to  construct,  maintain,  or  operate,  in,  under,  above,
upon,  or  through,  any  streets,  highways,  or  public  places,  any
mains,  pipes,  tanks,  conduits,  or  wires,  with  their  appurtenances,
for  conducting  water,  steam,  heat,  light,  power,  gas,  oil,  or
other  substance  or  electricity  for  telegraphic,  telephonic,  or
other  purposes.
These  seven  lines  are  a  clear  and  concise  restatement ­
  of  the  legal  meaning  of  the  term  “land”  as
including  the  recognised  “rights  and  privileges  thereto
pertaining.”  It  is  this  definition  for  purposes  of  taxation ­
  that  is  the  basis  of  the  few  words  of  argument
which  I  have  to  offer.  It  is  interesting,  because,
with  the  sanction  of  the  highest  courts  of  the  state
and  Nation,  it  defines  a  public  franchise  as  “land,”  a
public  franchise  value  as  “land  value.”
It  is  evident  that  the  public  can  reap  its  franchise