The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1854-02-22
tFor he ohio union.
SUPREME COURT vs.. THE TAX Law.

MR. EDITOR :-Ine late oeelsiOn OF inc
Supreme Cour, Of Ohio, aubulling, that
part OF the Tax Law Of 1851, ION The
ground Of lis unconsiiludonaIiiy which al
lowed individuals doing business in a pri.
va,e capacity, in making out a list Of their
effects subiec, 10 taxation, 10 deduct their
debts from their credits, OF moneys due
them. comes upon the business men Of the
State like an avalanch, threatening 10 crush
hundreds and thousands Of young men
engaged in business, without any capital
bu. their credit which they have gained
by their enterprise, honesty, capacity and
industry.
Now. Mr.. Editor, il must be evident tu
every person, who will read the debates
in Convention when tho second and third
sections Of the 10Th article on Finance and
Taxation was passed, thai the Convention
did not design 10 tax individuals, doing
business in a private capacity, after the
manner Of taxing Banks and Bankers
II reads as follows:
"The General Assembly shall provide
by Law for taxing the noles, and bills dis.
counted or purchased, moneys loaned. and
all other property, effects, or dues, ofeyery
description, Without deduc,ion) of all
Banks now existing, or hereafter created,
and all Bankers, so that all properly en-
Ployed in Banking, shall always bear a
burthen Of taxation equal 10 that imposed
on the properly Of individuals"
Note the peculiarly Of The section itself:
$50 that all property employed in Bank
ing, shall be taxed wiihou, any deduction,
&C., &c" Now, If this section was in
tended TO apply to all classes Of persons,
and all kinds Of business, why were Banks
and Bankers specified particularly II
was argued. you wiH remember, by the
Democratic members OF the Convention,
and justly loo, that as Banks were granted
special privileges, that they should pay a
special tax. Hence, that 81 section, moi
allowing Banks the privilege Of making any
deductions from their effects in listing fol
taxation. That this section was intended
to apply TO any other business than tina
Of Banking, is ridiculous. The Conven'
Iiun itself did not so understand il; the
people. when they voted for il, did moi SC
understand it; the Legislature. when they
acted upon il, did rot so understand it, oil
they would moi have legislaied as they did
The second section of The same article
declares that all property shall be taxed By
a uniform rule. What is meant by
uniform rule! | understand it TO mean
that all kinds Of property -whelher Rea
or Personal-shill be taxed al its casI
Ualue. 1t is q long established p%rincipl,
Of taxation, 10 tax property iE the hand
of those listing il, whether paid for b,
them or not-whelber Lands, Goods o
!, Stock, il must be taxed without any dc
auctions. This has been found by lon
r experience. 10 be the only practical rule @
, taxing, though it may. in many cases, b
. grievous, yet no general law can b
A framed, so as 10 meetevcry particular case
For example, a man who buys a farr
D worth $4,000, and pays bu, n lhousan
dollars down, must pay a tax upon $4,000
r although he is worth bu, one thousan
dollars. Just so the merchant, who buy
8 a stock Of Goods worth $4,000, and pay
a but one thousand dollars on the purchas,
c is compelled 10 pay a tax upon $500
worth Of Goods. No praclical law can b
e so framed as 10 avoid these instances
hardship.
But lei US suppose another instance, VI
der the present construction Of the Const
tuition. Suppose a man buys alarm on
credit, wor h $1,000, md he has Soda far
n on a credit, worth $4,000, in Eve annu
payments, which, when paid, he intends
!. apply upon the purchase lie has mad
a Now he has a farm in possession, wor
Ie $4,000, though moi a dollar yet paid upc
e il. and $4,000 worth Of notes. The A
70 SCISSOR calls upon him to list his efEec
III under the present construction Of the Co
10 siitution. He must pay tax upon Il
ID $4,000 due him and The farm likewis,
and the individual holding his notes
Q. faxed upon them, neither being allowed
" deduc, one dollar Of what they WI fro
a. the amour, due ihem-ihereby virtual
rs taxing the same property twice, and taxi
IN them upon their debts.
Again, here is a young man who.
his character for honesty aud industry
established a credit whereby he ZONES
10 possession of $4,000 worth Of Gooi
d. After having been in business one year,
~ has disposed Of $4,000 worth upon a cred
The Assessor calls upon him 10 list
he effects under the prsson. construction
the law. lie must list the Gveragea mOv
u. Of his goods on hand during The year, q