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 addi
tion of seven lines to the above section further elaborat
ing 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 restate
ment of the legal meaning of the term “land” as
including the recognised “rights and privileges thereto
pertaining.” It is this definition for purposes of taxa
tion 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