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TAXATION

341

TAXATION IN NEBRASKA

     The constitution of 1875 provided for raising revenues by taxation as follows:
     Art. IX, Sec. 1. "The legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property and franchises, the value to be ascertained as the legislature shall direct, and it shall have power to tax peddlers, auctioneers, brokers, hawkers, commission merchants, showmen, jugglers, inn-keepers, liquor-dealers, toll-bridges, ferries, insurance, telegraph and express interests or business, renders of patents, in such manner as it shall direct by general law, uniform as to the class upon which it operates."
     Art. IX, Sec. 2. "The property of the state, counties and municipal corporations, both real and personal, shall be exempt from taxation, and such other property as may be used exclusively for agricultural and horticultural societies, for schools, religious, cemetery and charitable purposes, may be exempted from taxation, but such exemptions shall be only by general law. In the assessment of real estate incumbered (sic) by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. The legislature may provide that the increased value of land, by reason of live fences, fruit and forest trees grown and cultivated thereon shall not be taken into account in the assessment thereof."
     All revenue legislation from 1875 to 1921 was based on these two sections of the constitution. Few innovations of principle were possible because of constitutional limitations. The chief departures have been the inheritance tax of 1901, the taxation of railway terminals since 1907, and the occupation tax on all corporations since 1909.
     The inelasticity of the constitution was remedied somewhat by amendments adopted September 21, 1920. These amendments are as follows:
     Article VIII, Section 1. "The necessary revenue of the state and its governmental subdivisions shall be raised by taxation in such manner as the legislature may direct; but taxes shall be levied by valuation uniformly and proportionately upon all tangible property and franchises, and taxes uniform as to class may be levied by valuation upon all other property. Taxes other than property taxes may be authorized by law. Existing revenue laws shall continue in effect until changed by the legislature."
     Article IV, Sec. 28. "A tax commissioner shall be appointed by the governor with the advice and consent of the senate. He shall have jurisdiction over the administration of the revenue laws of the state, and together with the governor, secretary of state, state auditor and

________
An extensive history of taxation in Nebraska was published in the Blue Book of 1915.

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342

NEBRASKA BLUE BOOK, 1930

state treasurer shall have power to review and equalize assessments or property for taxation within the state. He shall have such other powers and perform such other duties as the legislature may provide. His term of office and compensation shall be as provided by law."
     The legislature of 1921 enacted a new revenue law, one of the principal features of which was the classification of intangible property for taxation. Actual value of real property was established as the basis of levy of taxes, rather than one-fifth of the actual value as was formerly the law. The law governing taxation of railroads, insurance companies and franchises was also rewritten.
     The new law for the classification of intangibles met with much criticism and attempts were made to repeal it in all succeeding legislative sessions. After much discussion, the legislature amended the law in 1925, substituting for the taxing of intangibles at 25 per cent of their real value, a division of intangibles into two classes--money and its equivalents in one class with a tax of two and one-half mills, and other intangibles with a tax of five mills. The legislature of 1929 raised the tax on Class B intangibles to eight mills.
     In 1927, the method of taxing "shares of stock in banks, and all moneyed capital that comes into competition with the business of banks or banking in Nebraska" was revised. It was provided that such intangible property is to be assessed at seventy per cent of the mill rate at which tangible property in the same district is assessed. The distribution of tax moneys arising from Classes A and B was apportioned, "one sixth to the state general fund, one sixth to the county general fund, one third to the general fund of the city or village, and one third to the general fund of the school district in which the property is assessed."
     The legislature of 1925 also enacted a gasoline tax law which collected two cents for every gallon of gasoline sold in the state, with certain refunds for gasoline used in agriculture provided for. In 1929 the gasoline tax was raised to four cents a gallon. At the same time, the auto license fees were reduced. The collections from these two taxes are applied to the extension, improvement and maintenance of roads throughout the state, with the result that a fine system of roads is being built up as rapidly as the making of contracts and seasonal conditions will permit.
     The system of state and local revenues and expenditures is set forth in detail in a "Nebraska Taxpayers' Handbook" published by the Nebraska Legislative Reference Bureau, Station A, Lincoln.

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TAXATION

343

TOTAL ASSESSMENT, ASSESSMENT OF REAL ESTATE. PERSONAL PROPERTY, RAILROADS. AND INTANGIBLE PROPERTY. 1867-1929

Year
Total Assessment
Real Estate Exclusive of Railroads & Purchasers' Interest in State Lands
Real Estate Percent of Total Assessment
Personal Property Exclusive of Railroads
Personal Percent of Total Assessment
Railroad Property
Railroads Percent of Total Assessment
Total Intangibles
Intangible, Percent of Total Assessment
Intangible, Per Cent of Personal Property
1867
$20,069,222
$12,101,211
60.32
$6,889,961
34.11
$1,078,050
5.37
1,064,638
5.30
15.43
1868
32,632,550
16,876,781
51.72
15,755,769
48.28
1,315,217
4.03
8.15'
1869
42,123,596
25,629,118
60.84
9,053,658
21.79
7,440,800
17.67
1,696,715
4.03
18.74
1870
53,709.829
36,000,461
67.02
11,276,890
21.00
6,412,478
11.98
1.711.180
3.18
15.18
1871
55,511,658
1872
69,873,819
48,456,117
69.35
11.910.607
17,05
9,507.095
13.60
1,838,447
2.63
15.44
1873
78,239,693
55.556,560
71.01
10.618,741
13,57
12,064,392 1
15.42
2,452,812
1.14
23.08
1874
80,754,044
52,946,609
63.57
16,624,321
20.58
11.183.114
13,85
2,707,525
3.35
16.29
1875
75,467,399
50,361,052
66.74
15,335,823
20.32
9,768,524
12.94
2,321,099
3,08
15.14
1876
74,178,645
50,021,706
67.44
15,140,213
20.41
9,014,706
12.15
2,163,518
2.92
14.29
1877
71,111,579
46,813,647'
65.67
16,130,096
22.62
8,147,836
11.71
2,199,341
3,08
13,64
1878
74,389,536
47,873,908
64.36
17,943,241
24.12
8,570,387
1 1.52
1,979,155
2.66
11.03
1879
75,359.799
47,191,781
62.89
18,811,541
24.96
9,154,477
12.15
2,022,120
2.68
10.75
1880
90,499,618
53,850.447
59.57
26,705,9781
29.53
9,943,193
11.00
2,551,300
2.82
9.56
1881
93,142,457
54,279,362
58.28
26,118,531
28.04
12,744,564
13,68
2,151,123
2.52
9.00
1882
98,537,475
55.638,619
56.46
28,022,006
28.44
14,876.850
15.10
2,530,503
2.57
9.02
1881
110.543,645
61,700,259
55.81
32,542,401
29.44
16,100,985
14.75
2,657,809
2.40
8.17
1884
123,615,887
69,715,109
56,40
36,122,887
29.22
17,777,891
14,38
3,521,395
2.85
9,75
1885
133,418,700
77,139,596
57.82
37,744,313
28.29
18,534,789
13.89
3,114.732
2.33
8.35
1886
143,932,571
84,534,653
58.74
39,730,620
27,58
19,567,289
13.58
3,988,745
2.77
10.04
1887
160,506,266
96,358,889
60.03
40,546,015
25.26
23,601,362
14.71
4,032,794
2.51
9.95
1888
176,012,820
107,031,866
60.80
40,406,465
22.96
28,574,489
16.24
3,562,659
2.02
8.82
1889
182,763,538
112,631,415
61.61
40,457,226
22.13
29,674,897
16,24
3,937,592
2,15
9.74
1890
184,770.305
115,360.973
62.44
39,445,124
21.35
29,964,208 2
16,21
4,190,463
2.27
10.63
1891
183,128,236
117,133,909
63.96
36,580,869
19.98
29,423,458 2
16.06
4,228,321
2.31
11.56
1892
186,432,377
119,873,279
64.30
37,124,864
19.91
29,434,234 2
15.79
3,696,784
1.98
9.96
1893
194,733.125
128,073,006
65.76
37,991,296
19.51
28,668.823 2
14.75
3,542.912
1.82
9.33
1894
183,717,499
127.060.781
69.15
28.642,349
15.60
28,014,369 2
15.25
3,155,653
1,72
11.00
1895
171,468,207
119,998,083
69.48
21,977,611
15.15
25,492,513 2
14,87
2,814,153
1.64
10.83
1896
167,078,270
116,294,386
69.60
25,307,015
15,15
25,476,869 2
15.25
2,435,583
1.46
9.62
1897
165,193,716
112,968,873
68.40
26,605,662
16,10
25,619,101 2
15.50
2,272,418
1.38
8.54
1898
167,810,765
111,568,720
66.40
30,066,808
17.91
26,175,237 2
15.60
2,059,130
1.23
6.85
1899
169,105,905
110,642,440
65.42
32,357,015
19.14
26,106,450
15.44
2,398,207
1.42
7.41
1900
171,747.591
111,192,560
64.74
34,208,297
19.92
26,346,736
15.34
2,299,397
1.34
6.72
1901
174,439,095
114,164,145
65.45
13,741.416
19.14
26,533,514
15.21
2,305,113
1.32
6.83
1902
180.091.492
116,363,704
64.61
36,952.813
20.52
26,774,975 2
14.87
2,601.046
1.44
7.04
1903
188,458,379
120.208.842
63.78
40,964,591
21,74
27,284,946 2
14.48
3,785,366
2.01
$19.24

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344

NEBRASKA BLUE BOOK, 1930

TOTAL ASSESSMENT, ASSESSMENT OF REAL ESTATE. PERSONAL PROPERTY, RAILROADS. AND INTANGIBLE PROPERTY. 1867-1929 -- (Concluded)

Year
Total Assessment
Real Estate Exclusive of Railroads & Purchasers' Interest in State Lands
Real Estate Percent of Total Assessment
Personal Property Exclusive of Railroads
Personal Percent of Total Assessment
Railroad Property
Railroads Percent of Total Assessment
Total Intangibles
Intangible, Percent of Total Assessment
Intangible, Per Cent of Personal Property
1904
294,779,24 5
171,915,121
61,72
66,784,271
22.65
46,982,853
25.61
12,861,415
4.19
18.50
1905
304,470,962
187,751,163
61.67
69,424,823
22.80
47,294,976
15.53
12,307,577
4.04
17.72
1906
313,060,301
190,084,306
60.71
75,269,964
24.05
47,706,031
15.24
18,580,605
4.34
18.00
1907
329,411,349
192,911.917
58.61
83,442,635
25.31
53,036,797
16.08
15.361,496
4.66
18.41
1908
391,735,464
255,424,621
65.22
82,852,870
21.15
53,397,973
13.63
16,486,671
4.21
19.90
1909
398,985,819
258 ,771,928
64.86
85,665,526
21.47
54,546,365
13.67
17,227,945
4.32
20.11
1910
412,138.6071
261,936,073
63.56
95,388,183!
23.14
54,81 8,151
13.30
18,764,331
4.55
19.67
1911
415,670,075
266,919,439
64.22
93,943,721
22.60
54,806,915
13.18
19,681,242
4,73
20.95
1912
463,371,889
319,0-89,627
68.85
89,271,975
19.27
55,050,287
11.88
17,513,592
3.78
19.62
1913
470,690,414
322,632,187
68.54
92,228,898
19.60
55,829,329
11.86
15,776.291
3.35
17.10
1914
471,940,195
325,974,928
69.07
90,013,970
19.07
55,945,074
11.86
14.007,631
3.36
10.41
1915
481,931,238
328,699,753
68.36
96,169,872
20.00
55,945,067
11.64
13,977,462
3.44
1981
1916
500,827,274
346.038.700
69.09
98,001,082
19.57
56,833.234
11.34
13.071.416
3.81
11.85
1917
528,891,424
352,057,625
66.53
119,978,346
22.68
56,855,453
10.79
16,418,836
3.10
9.34
1918
567,947.914
355,759,828
62.62
155,360,720
27.35
56,827,256
10.03
23,304,797
4.10
10.48
1919
568,92 1,570
359,520.812
63.05
153,921,281
26.99
56,831,076
9.96
22,434,678
3.93
14.67
1920
762,284,909
557,631,797
71.67
160.059,599
20.56
I 60,851,333
7.82
20.2 67,538
2.60
20.56
1921
3,305,416,872
2,357,528,049 3
71.02
650,193,723
19.67
307,695,100
9.30
84,235,452
2.54
11.38
1922
3,191,747,870
2,329,631,079 3
72.99
346,117,427
17,11
315,999,364
9.91
141,266,092
4
4
1923
3,177,159,318
2,343,710,409
73.79
528,370.766
16.63
315,644,618
9.93
34,998,295
 
 
1924
3,184,855,428
2,341,821,618
73.53
518,819.170
16.29
314,467.200
9.87
82,070,654
 
 
1925
3,154,771,825
2,356,963,175
74.71
484,387,857
15.36
313,420,816
9.93
151,642.492
 
 
1926
3,177,159,318
2,376,019,296
74.81
478,183.106
15.05
313.153.805
9.85
144,582,220
 
 
1927
3,141,146.600
2,391,522,671
76.13
459,050,132
14.61
281,125,775
8.75
142,285,872
 
 
1928
3,125,856.462
2,400,614,051
6.89
457,331,071
14.63
258,441,375
8.26
172,562,291
 
 
1929 .
3,167,489,383
2:409,769,335
76.03
488,495,379
15.41
260,002,022
8.21
300,783,204
 
 

1 This total contains valuation of railroad and telegraph.
2 This total contains valuation of railroad and Pullman care. Prior to 1889 no provision was made for the separate assessment of sleeping car and dining car property.
3 Purchasers' interest in state lands included.
4 Intangible assessed at 1/4 of actual value, 1922 to date.

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