The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-01-18

MUNICIPALITY No. Three Us. SHERNAN
JoHNsoN-In this case, in the Supreme Court Of
Louisiana, Judge Sldel delivered the following
opinion;
"The defendant is sued for the amount of Mu-
nicpal tax imposed on the capital employed by
him in trade within the limits OF Municipality No.
Three There was Judgment in his favor, and the
plaintiff appealed. He resists the payment OF the
tax on the following, among other grounds; that
the ordinance imposing the tax is illegal and void,
because the power to capital has not been dele
gated to the plaintiffs.
"The question presented for our consideration is,
whether capital employed in commerce is personal
estate within the meaning of the act Of incerpora-
ton OF the city passed in 1905, which confers on
the corporation the power raise by tax, IN such
manner to them may seem proper, upon the real
and personal estate within the city, such sum or
sums OF money may be necessary.
sit appears to US that capital employed in COM
merce is fictitious thing; that it has no existencs
apart from the merchandise in which II is nvested
and that it does not come within the legal definition
of personal es.te. Ii it is to be viewed as money
under the Spanish laws which were in force when
| the act of Incorporation passed, il was rule
| derived from the Roman law, that money and active
| debts were not included in the word mogables,
when it was used alone and without any addition
| or designation. Under these laws money stood
/ apart account OF the distinct function Il per-
| formed as a measure of value, and active debts
| formed third class of things. Nouvean Ferrlere,
| verbo Legs des chooses mobiliaires. Leg chooses
sec. /, Il de Legat Sd Politiea de FilIa Dego. p.
AZ, No. 71-Gregorio Lopez on Law, title parhdS
9th, and on Law, Ia, title IL. partda A.
.'This distinction has been preserved BY act o55
Of the Napoleon Code, and although It would seem
to have been abrogated by the definition Of movable
given in the Louisiana Code, the Code OF Practice
has in fact retained it. by ordering the Sheriff to
seize in execution first movables, then slaves then
immovable property, and when there are neither
movables slaves nor immovable property the
sums of money, rights and credits ol the debtos-
C. p GAG, 649.
"The trainers Of the act Of incorporation Of 1909
acted upon it, when they worded that the estates
whether real personal, the rights, dues, debts,
claims or property whatsoever which heretofore
belonged TO the city OF New Orleans, etc, shall be
vested in the corporation In conformity with THIS
view Of the law, no attempt has ever been made %
levy taxes on capital of any kind before the passage
Of the act Of 1877 providing revenue for the sup
port of the Government Of the State, in which .
provision is found, which subjects to TAXATION all
capital vested or employed each year in traffic, trade.
merchandise, or in any kind OF commerce Acts
of 1S47 p l64
"The introduction Of this provision in the new
fiscal law after specifying all the real and personal
estate which was taxed before its passage, shows
that the capital was not previously subject te
taxation.
"The act of ls47 has exclusive reference TO Stat.
Taxes, and as the power to impose . iex on eapila
not in opinion desGAIea % the plaintiffs b
the act Of ineorpossfop, ihe tus9nsqat must " q
: Armed with costs"