The North-Carolina standard., 1850-07-27

letter aren che Attorney General.
Eurroa o. rns RealsFsa
HAVING been addressed hy asnslsman Of Fayes.
esvIle, on the propss constraction of the Revenue
Law Of lS40, Ihavs snswefed hims and - have
giyen the opinion % Officer, sia my view proper
that the opinion should be made public and a -
Very ssspecafaiIy, yodf ob't serv't
RALrlsH, July Goth, 1850.
trn M. Rosr. ESQ. 81 have received your let
tar Of the 18th inst, presenting several questions
.risins out of the Revenue law of le4S. MY an
swers follow each question.
I. L. money used in the business. commonly call.
ed shaving, aaoney Uested IN 'pceses y Ir0de,
within the meaning Of the act!
Answer. incline to think it is. note IS the
evidence Of right to money, and note-sh.ving is
tradinp in money. Money may be vested in buying
rights to money, as well as in buying rign's 70
propsrty, Usually, trading for profit requires oo!n
a purchase and sale, because both are genetai'y
requisite to attain tho pr9d, which is measured Sy
no difference between the purchase and sale OF a
note. and purchase and collection Of it. And
ceytainlv. when note is bought for $780, and SOLD
for elio, there is both trading and profit - g
But what constitutes tarabe pr9N In the traae o,
he receved or some act done which is equivalent to
it-as the making it debt to the purchaser. When
hi. + Dome if the debt is well secured (that IS,
safe1 think the profit is made 1t Is, In legal con-
temnation collected fit be used to buy with, or used
as set off against, or IN payment OF, oeo.w%o
proft is made when there is gain by the operation
Il is true that by the construction OF the act the
came ann 10 wit: the prot, is made to bear, appa-
rently, double tax, first tax on the Proht ano se
condlv tax on the interest which may accrue on ne
nrot: but this is the case with all taxed Incomes II
hev be vested on loan-thus the salary Of profess
sor of University IS taxed as salary; and 1t 1t De
mt ont at interest the interest also is taxed and such
s the case with the trades expressly mentioned in
the act, as negro trading, &c.
In word, dealing in the purchase OF securneS
for money, is, in my judgment, 'speces OF 'rade'
and when profits are realized, kno" no feaso" ""y
such profits are not taxable.
9. Are the profits on Cabinet or other mechanic
trades taxable under the same section! lSec' ~
Answer. They are not. The act, in the use OF
the term trade intends tra0e-and not occupation or
employment. The man whose trade is that OF max
ing Cabinet ware, is very different from the man VINO
trades in Cabinet ware.
2. Are the profits made by mechanic on wares
of his own manufacture taxable! Or are prohts made
in the purchase and sale of such wares taxable!
Answer. The former profits are not taSabe-the
latter are taxable When they are bought and SOLD
by a merchant, his license covers the tax. II the
trader in them do not fall under the description OF
merchant or pedar, he pays tax on the profits.
4. Are the artisans of the United States arsenal
taxable for their per diem, when 1t exceeds $'oo dur
ing the year, Under section 6!
Answer. think that one whose contract IS oy
the day is the recipient of salary. Other reasons,
perhaps would excuse them from the tax, even II
they received salary Of $500 per year.
S. Are the officers of the United States taxable
when their salary exceeds $500 per year!
Answer. In my opinion they are not Ut course
no person who is not an inhabant of the State ID
taxable account Of his income: HIS trading mere
NAV become 30. But think also that even when
an officer of the United States is inhabitant OF
the State his salary is not under the federal const
tution taxable The State has not the power to di-
minish the reward with which the Government of
the Union invites and induces the citizen to accept
it's Offices.
6. Are mechanics who receive five hundred dollars
per year as their stipulated wages, taxable onaccount
Of their wages?
Answer. In my judgmen. they are. ltis true that
the reward or price Of their labor cannot be called
''practice or sfees ''-butit may be called, and is
salary, abundantly appears by every book OF legal
or literary definition within my reach. ny some 1t
10 said, that salary" is term peculiarly and ex-
clusivsly applicable to the compensation OF officers.
Not only no definition of the term sustains this as
seron, but is rejected by the act ITSELF For, but
for the exception which exempts them, ministers OF
the Gospel would be taxable account OF their COM
ponSduOn Oy IOfce OF tne WoIu " SdIdIy' 0J oen>
e is said the Legislature did not intend to include
such persons. If 80, this intent is far from being
manifest. Ard the contrary appears 10 me-
Fira,, because the Legislature specially excepted
ministers of the Gospel.
Secondly, they did not except professors, teachers
Of schools, nor any portion of the laboring class
among whom there many whose compensation is
popularity called salary Engineers and many 9TH
er employees on Rail Roads.
Third, because the settled meaning Of the term
salary" favorable for the payers, is {" an
annual stipend" OF annual Pension," or allowance,
or yearly suages.
lis othe. def nitions would embrace day labor.
Now whatever may have been the intent Of the
Legislature, cannot abandon. in giving my opinion
the construction of language, the uniform and un-
varied definition of all exicography. and substitute
therefor another and different meaning, known to me
to exist only by hearsay the extent of which know
not, and only know by collecting the opinions of
al the citizens of the State-a task which judicial
officer can undertake. Indeed safer course would
be to enquire Of the individual members of the Leg
islature, and abide the result of majority of voices
But such rule Of interpreting the sense Of the law
maker is too unsafe for the construction of any law.
In Revenue Law, intolerable-it can form the basis
Of no judicial decision. Your ob't serv't
- B. F. MOORE.
Occasionally the Raleigh Standard makes remark
supcn the dictaiion exercised by few Wings about
Raleigh over the Whig party of the State. The
Rester affects vast deal Of indignation towards the
STANDARD this account and tries to show that the
Of that paper is preudical the interests of
Raleigh. The presumption Of this Clique" is un-
bounded. They actually assume TO consider them
Nlves to be the whole of Raleigh and Raleigh be
the e'Whole Of North Carolina. The Standard shows
them mp politicians; they cannot understand how
L. I~~. -. -