Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1855-02-15

$. Journal. and is the most critical view Of
the present tax law and It's conformity with
the new Constitution we have yet seem
His structures are only too true, and, as he
says, the Supreme Court should be consulted
before aiy litigation arises in consequence.
The Cunstitution--The Law-Mo-
neys and Credits---Pcrsonal Prop
erty-Average Amount-Building
Taxes--Corrcc'ion in Legislation,
sc.
CLEVELAND, Feb. 8, 1855.
The Constitution of Ohio says-"Laws
shall be passed taxing by uniform rule, all
moneys, credits, investments in bonds, stoc ks.
joint stock companies, or otherwise; and also
al real and personal property according 10 its
true value in money"
The Law Of Ohio says--"Personsl proper
ty of every description shall be valued at the
usual selling price of similar property a: the
/ time of listing, aLd at the place where the
same may then be-
| "Each person 10 make a statement on oath
! 20 the assessor of AL the personal property,
moneys and credits, &C., in his possession,
or under the control Of such person at the
time notice was given him by the assessor to
make out such statement"
! Now, by what rule in the Constitution, or
by what law, based upon the uniform rule of
taxation in the Constitution, can banker or
broker, merchant or manufacturer, be required
to return 10 the assessor Tor taxation any
greater amount of personal property, moneys
and credits, than they may have on hand at
the time notice is given them by the assessor
to make out their lists for taxation! What
has the rule in the Constitution to do with
the average amount Of personal property a
merchant or manufacturer may have had on
! haud each month during the year preceding
the time they are required to make the state
ment! or, why tre bankers and brokers re-
quired 10 return "the average value of all
moneys, notes, bills Of exchange, bonds,
stocks, &C., which he shall have had from
time to time in his possession, or under his
control, during the year next preceding to the
time Of making such statement!'
The Constitution only provides for the tax.
!, ing Of real and personal property, moneys
and credits not average amounts; and the law
shoL!d only provide for taxing such personal
property, moneys, &c, as the individual may
have on hand at tie time notice is given him
by the Assessor to make out his statement,
which is to be made between the I'd Monday
of April, and the I'd Monday OF May.
If A. D. a merchant, has on ham, on the
18th Of Apri! next $4,000 worth of goods,
although his average stock for the year pre-
cedng may have averaged $4,000 month,
he is under no obligation TO return any more
than $4,000, this being the amount Of per-
sonal property in his possession at the time
he is required to make his statement.
The rule Of 'acerage amOunt' is one cop
led from the old law Of 1856, Gas was the
10th section which was repealed by the de-
eision of the Supreme Court year ago,) and
this manner of ascert lining the value OF
property, moneys, &c, to be returned to the
Assessor, has no more constitutional validity
than the 10th section. "Average amount"
like deduction of debts from credits, belongs
20 the sold dispensaton," not to the new
one.
The private banker or broker cannot be
required to list for taxation the average val
ue of all moneys, notes, bills Of exchange,
&c, which he nay have had on hand during
each month Of the year. These for Twelve
months, may for each month amount to
100000, but if he has only $4,000 in mo-
neys and credits OIL hand at the time notice
) was given him, he is to return only $4,000.
The farmer is only taxed on the cattle
hogs, sheep, horses, &c, he has at the time
notice is given him to make out his list
And although he may have on hand from time
to time during the year $4,000 or O,000,
if he has only $1,000, at the lime of notice,
he returns only 900 for taxation.
c. D., manufacturer, on the l4th day Of
April sells out to Il. F. his establishment for
$4,000. He may have had on hand during
the year property to the value of $4,000
each month. But during the month OF
March he has run it down so that when he
sold to +, f. he had only $4,000 IN person
al property. The Assessor calls on G. ID.
Cor his statement. He says to the Assessor
81 have sold out,-l have nothing to RETURN"
and f. F. returns only he amount Of proper
ty he has on hand
The requirements of the law, Should be in
accordance with the rule of taxing property,
&C., in tho Constitution; and AUDITOR NOR
GAN when he sends out his instructions
should see to this. If he has doubts, let him
put the question to the Supreme Court, as
well as to the Attorney General. |! is the
practice in some of the States to ask the
opinion of the Judges oE the Supreme Cou TT
upon particular questions; and it seems to
me, it is a good practice. may be all wrong
in my view of the matter ol'average amount,
| hut | helnyn | am ripht
Here is another matter-it needs legisla-
tive correction. A. B. owns a building. 1t
is assessed for taxation at 8 900. 1t is oc-
cuped by c. ID, as a store. On the LIST of
December it was destroyed b. fire; and on
the 10th December he wants to pay his tax
es, and said to the county Audtor,"t bull
ding on such lot, valued at $4,000 was
destroyed by fire." and the Auditor, accord
| ing TO the law abateS the tax. The building
was insured for $1,000 in Il res ponsibe Com
pany. e. d. merchant, who occupied the
| store, lost his entire stock of goods worth
$4,000; but upon his tax there il no abate-