The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1854-07-14
In THE Eousr, April "a, 1854.
(Continued.)

In the decision referred TO: -
BARTLEY, Chief Justice, THURMAN,
Judge, (CoRwIN and CALp~ELD, Judges,
concurring,) delivered opinions holding
"Ths tax law of April l3, 1852, is
valid and Constitutional in the basis il
provides for the taxation Of banks, banks
ers, aud brokers.
"Jhe tenth section Of that lar, aehich
dllcps individuals and certain corpora>
tious in giping their f0r list, 10 ,deduct
their Liabilities from the amount IF their
money and credits is 'crrgndnt 10 the
Constitution of Ohio, and pod. The Con-
stitusion prints no deduction Of lie6ili>
ties from moneys and credits. "
On The decision Of The Court being
announced, THuRMAN, Judge, gave his
opinion, from which | make the follows
ing extracts:
"Is section 10 unconstitutional? Thai
section is in these words:
"'SEc 10. In makipfupthe amount
Of moneys and credits which any person
is rsq ired 10 list for himself or any 9th,
or persoa, cdmpAny or corporation, he
shall be entitled TO deduci from the gross
amount Of moneys and credits, the az
mount Of all bona debts owing by such
person, company or corpofalion, Iorsa
consideration received; bu, no acknowl-
edgment of Indebtedness, no, founded
on actua! consideration, believed, when
received, TO have been adequate, and no
such acknowledgement made for the pui-
pose Of being so deducted, shall be con-
sidered debt within the meaning ofihis
seciion; and SO much only ofsny lisblI-
V, as surety for Others, shall be deincl-
ed, as the person making out tho states
menl believes the surety is legally AND
equltably bound 10 pay sand so much on>
ly as he believes such surety will be COM
PEELED TO pay. en- account Of Tho inability
OF insolvency Of the principal deblor;apd
if there are other surelies who are able
to contribute, then only so much as The
surety in whose behalf the statement is
made will be bound to contribute; provi>
ded, that nothing in this. section shall be
so construed as 10 apply 10 any bank, com
pany or corporaton, exercising banking
powers Or privileges
"This section is impugned on The
ground that the deductions pstmls are
forbidden Ly the constitution. The pro-
visions Of the constitution that hearu upon
the question, are SECTIONS 2 and 3 Of al
iicle 70 and section 4 Of article l3. By
The firss OF ihese sections il Is ordained
that
"T.aws shall be passed, taxing, by a
uniform ruls, ALL moneys, credils,invesl-
ments in bonds, stocks, joint stock com
panies, or otherwise; aud also ullreal and
personal properly, according to its true
value in money; but burying grounds,
public school houses, houses used excIu.
sively for public worship, institutions Of
purely public charity, public property
used exclusively for any public purpose,
and personal property TO an amount MOI
exceeding in value two hundred dollars
for euch individual,ma by general laws.
be exempted from taxation; bh, all such
laws shall be subject to alteration or re,
peal; and the value of all property, 30
exempted, .shall, from time 10 lime be as
'cer,aint d and published, as NAV he di-
rected by law"
"It cannot be denied that tho letter Of
this section requires all moneys and cred.
its to be taxed, No part Of them, or oI
ei,hsr of them can be exempted, il we
follow The plain, unamblguous language
Of the section. 1t cannot be done by a
direct exemption, by name, or by iudi-
rec, exemption, under ihe name Of de-
ducilons. The one is as much viola
lion Of the letter Of the section as the
other Even the two hundred dollars
exemption, authorized by the section
cannot he of moneys or credits. |, il
confined 10 "personal PROPERLY and al
though personal property" in lega
Specification, includes moneys and cred
us, it is apparent that wherever it is EN-
ployed in this section, it is used in lin
tied sense, and does not include them.-
tits only neoessary-to read The section
TO see that this statement is correct. =
There is just as much reason for saying
THAT a man may Deduct his debts from
his real or personal property, as 10 ga.
that ho may do SO from bis moneys ant
uedRs. The laugnnge that reqairs al
real and personal. property 10 he taxed
with certain exceptions, is no more s'rin
gent, no more copprehenslVc or explic
lii, than iha. requiring all moneys an,
credits To be taxed
"ll is argued, however, that there is I
distinction. It is snid that a mans rea
and personal properly, is property in pos
session, that his credits are only chooses
lin action, and ihati il the law tax him OF
|aII that he is entitled ioIeeeive on,bes,
chooses in action, after thepaymenl of hi
debts, he is faxed upon all bis credils.-
With greafrespect for. ihose who advanc'