Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-01-13

RALEIGH, Jan. 9th, 1864
Ills Exeelleaey, q. B. Vanee:-
SR:-l have received your letter of the Esd De-
cember last asking my opinion whether the property
under the management of the Literary Board can
be taxed by the Confederate Congress- and also the
letter Of Or. W. T. HAWKING Prest, Of the Raleigh&
Castor Railroad Company, addressed to you and
by you referred to me, nquring whether the States
interest in the Raleigh & Gaston Railroad Company
is taxed By the Confederate Revenue law Of April 81
1868.
In rendering my opinion it will not be necessary
to discuss the poUer Of the Confederate Congress to
tax the property Of tho State because am decided
in my Opinioa that such power II it exists, was
not intended 10 be exercised and the words used
may have fall scope and meaning and are altogether
proper to embrace all other and unquestiohed sub.
jects Of taxation conclude that il it had been the
purpose OF the Congress to embrace the property of
the State it would have used language not to be
misunderstood.
The only terms in the act under which such a
purpose csa be argued are "persons y and cor
poratons" The State is net ,ly described under the
term "persun," and although great corporation,
is never intended under the term =" corporation
IL the State is embraced under either Of the terms
then the State House is taxable, and all its Offices
must pay In income tax--all its hospitals, its Uui-
versity, colleges academies and common school
houses. 1t is true that BY section Is, the income
Of hospitals asylums churches schools and colleges
is exempt from taxation. This provision was ne
cessary exempt private property this character
and not such as belonged to the State. In addition,
If such construction is to be given the Treasurer
must render schedule OF the public moneys or,
hand on the LIST of July. Allie stores of public
provisions on hand and more thar enough to serve
for the residue of the current year also taxable
ali its cotton, its sterling exchange, &c &c. 1t
cannot for q moment be supposed that if the Con-
gress had really designed to tax oil these subjects
Of State property, it would have left its purpose so
darky expressed. A perusal Of the act will satisfy
US that State IS not embraced and that the mere
fact that the act is silent to the person who shall
render the list, and imposes penalty on such tax
payers shall not conform to the provisions Of the
act, are sufficient to make ridiculous . contrary
construction.
1t probably may be supposed BY some that the
fact that the property of the Literary fund is vested
in corporation may subject it under that name to
the revenue law. But it must be borne in mind
that the corporation styled 1.-THE President and Di.
rec.ors Of the Literary Fund Of North Carolina is
mere State Agency to manage certain Sratefunds and
is of the same character if the manager had been
the Treasurer or the Governor, or separate and
distinct officer Of the State, and was removable at
the pleasure Of the creator. - ~,
As to Banking and Bail Road Corporations COM
posed of stocks, whereof certain portion is the
property Of the State, it is true that with rs the
manager is not, unless SO provided in Tho chAter
removable by the State, becadse he State hA sn.
tered into contract with individual STOCKHOLDERS
in respect to the mode Of management and must
abide BY the contract. But the property thus man
aged is as completely the property Of the sovereign
State as if the entire corpsrton were its sole prop
erty,.as the Bank of the Ssate Of SO nth Carolina
and certain Railroads in Georgia I an Of opinion,
therefore, that neither the State profits nor any
other property Of the State in whatever form it may
appear, whether managed BY creatures Of its ewn
appointment OF by the agency of corporations,
whereof the State is sole joint owner are taxable
undo: the act Of Congress +.
=, SION Fl. ROGERS,
-5.es..g ?. Attorney. General.