YAZ00 & M. v. R. oo. v. Bonus OF LEVEE COM’RS. 25
complainant corporationjwas created by an act of the legislature of the
state of Mississippi, approved February 17, 1882. The preamble to. said
act, as explanatory of its purpose, and section 8 of the act, relied upon
for the relief prayed for in the hill, are as follows:
" Whereas, the construction of railroads to, in, through, and along the Missis-
sippi river basin, and the Yazoo and Sunflower river basins, penetrating these
and other alluvial lands in this state west of the Chicago, St. Louis, and New
Orleans Railroad, and connecting them by railroads and branches with other _
railroads, ‘west,Veast, north, and south, is deemed and hereby declared to be a
work of great public importance, and, in strict accordance with the true
policyrand interest of this state. should be encouraged by legislative sanc-
tion and liberality; and whereas, the physical ditliculties of constructing and ,
maintaining railroads to, across, along, or within either the Mississippi, Sun- -
ilower, Deer Creek, or Yazoo bottoms o1· basins, or the other alluvial lands
, herein referred to, are such that no private company has so far been able to
establish a railroad and branches developing said basins and alluvial lands,
and connecting them with the railroad system of the country."
"S.ec. 8. Be it further enacted that, in order to encourage the investment`
of capital in the works which said company is hereby authorized to construct
and maintain, and to make certain in advance of such investment. and as an
inducement and consideration therefor, the taxes and burdens which this state
will and will not impose thereon, it is hereby declared that said company, its
stock, itsrailroads and appurtenances, and all its property in this state neces-
sary or incident to the full exercise of all the powers herein granted, not to
include compresses and oil-mills, shall be exempt from taxation for a term of
twenty years from the completion of said railroad to the Mississippi river,
but not to extend beyond 25 years from the date of the approval of this act;
and, when the period of exemption herein prescribed shall have expired, the
property of said railroad may be taxed at the same rate as other property in
this state.` All of said taxes to which the property of said company may be
subject in this state, whether for county or state, shall be collected by the
treasurer of this stateeand paid into the state treasury, to be dealtlwitli as
the legislature may direct; but said company shall be exempt from taxation
by cities and towns." _ ' · _ ‘ ' ,‘`‘ ’   "
, The bill further alleges that by an act of the legislature of this state,
approved February 28,, 1884, that the board of levee commissioners for
th-e Yazoo and Mississippi delta was incorporated, which act, among
other things, by the fourteenth section provides as follows: . _   h s .
"That, for the purpose of building and maintainingthe levees, the property`
of_,all,_railroad companies and other corporationsgofevery kind, real and per-
sonal, within the levee district, shall be taxed like that of individuals, any
exemption in the charter of such railroad companies notwithstanding; and
said ud mlorem tax of 13 mills and 9 mills is hereby levied and assessed on
all property of such railroad companies, and the tax collectors of the counties,
respectively. shall collect and pay said tax to the levee board."
-—with other provisions, not necessary to be stated in this opinion; The
bill further alleges that an act was passed by the legislature of thisstate,
approved April- 3, 1888, which provides that- ~· ·- ‘ · M V 1
"Every railroad that has failed to pay taxes for any year, not being exempt
by law or its charter from taxation, shall be assessed and pay adlvalarem tax .
as hereinafterpprovided, unless within sixty days after the passageof this act
"itshall pay all taxes for which it is liable according to its chartemortlie priv-
ilege taxgror vglrich itwas liable as follows: F A staudard_orbrb,ad gaugéyroéid,