The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1847-07-27
Equal Burthens and an Elective
Judiciary.

We have read severe but able criticism by w.
M. CORY. Of Cincinnati, upon decision in the
18th Ohio Reports,i the case of the city Of Cincn
natl us.Bryson. The city imposed tax on the oocu
patton OF draymen, Bryson refused to pay it, was
fined at the Mayors Court in consequence, an
the carried up, to test the power Of the city
to raise tax upon particular employments for
purposes OF general revenue. This the court in
bank held to be right; Judge Read dissenting.
In commenting npon the despotic tendencies of
the decision, the writer gives the following lucid
statements Of the true theory OF ortaxation, which
cannot but be valuable to eur readers:
ut is an axiom ofpolitcal science, that taxation
is Indispensable to the being Of society, which
depends on the order which government is able
to enforce by the contribution Of the citizen
1t is equally true that the substance and income
Of the people should be exempt from all appre-
priation Of the government, which has not been
fconsented to by themselves directly, on some
great crisis; or indirectly, through their represen
tatives in the ordinary course. And these con-
clnsons are drawn frem general principles, ap-
plicabs to popular institutions and ofundoubt-
ed obligation. Besides which, all taxes, wheth-
er direct or indirect, are taken from the pockets
ef the individual; for government produces moth.
ing, when acting fairly within the scope Of its
off Its authority. To the extont then of several
millions year, the property OF the citizens OF
Ohio is absorbed by State and Federal taxatien.-
And il this huge tribute shift unequally any
way, it becomes oppressive, and violates that
section first in the Bill of Rights, guarantying
equal rights in acquisition property. So that
the great principles lying under the Constitution,
as well as that supsrstructure itself, all compel
us to secure the government apsrmansnt reve-
nue., net impairns its sources, BAT never sacrifi'
cling either the labor or property Of every man, or
| set of men whatever
To exact money fer taxes from any citizen
to larger amount than his fair proportion, is con-
trary to the words and spirit Of the Constitution
(.4rt. 8, sec. ~ The Legislature cannet do it,
nor authorize others. Still less can that body
compel labor to contribute an unfair proportion Of
its income for the relief property. That requi-
sition would be rather more iniquious than COM
pelling somo property to uphold the burden OF all
property. And, indeed, if any discrimination
can be allowed on the subject, Iwould propose
that inanimate matter should take the load from
the human creature-that the capitalist should
pay all taxes instead of expressing the laborer,
physical or Intellectual. There is that reason,
in addition to others which are not answerable
against all taxes upon income. As Judge Read
says, page $50; "Tho right to labor is coupled
with the right to life, and is necessary prnc-
pie Of self-preservation without labor man would
perish. 1t is the only mode in which shelter and
raimont, and food can be obtained.n Besides,
the first section Of the Bill Of Rights, and the prin-
ciple on which the Constitution stands, there are
those who think that any other than a property
tax violates sctien twenty-three OF the same arti-
Gle, which torbids poll taxes for State or County
purposes. Judge Read notices the preposterous
exemption of carriages not kept for hire, but for
pleasure, from the assessment OF the ordinance, 9,
as it deserves. His remarks upon it leave no ves-
tige of the peculiar doctrine of equivalents ad
vanced against tho defendant Brysen, by the
Court. The genteman's coach abrades the pave
ment as well as tho drayman's dray, and yet one
is tax en- and the other lef but such selections are
never made blindfold. In this, as in all cases,
coach beats dray without an effort"
Judge' appointed Otherwise than by the direct
vote of the people will always lean TO the sup.
port of the privileges Of the class that appoint.
l,hsm. Never can labor find its due protection
when the laws are administered by men who
hold power and station independent Of the labor
or. 1t is only by making every department o
our government and every officer under it direct
ly responsible to the people tina, the masses car
hope to check the insidious progress Of oppres
: sve lays.