The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-03

America and 70 England In the latter cOun.
try he has been the recipient Of royal favors
as we'll as Of the respect and good will Of all
classes of the people among whom ne has 50
long resided. On his present visit to his own
country we have no doubt that he will receive
due recognition of his worth.
Threatened Destruction OF the Commits
sion Business-Statc Tax on Merchan-
disc Brokers.
We publish elsewhere law Of s0ms-
what extraordinary character, which was
passed by the last Legislature of this
State and signed by the Governor. II
provides for an enormous State tax, or
fees, upon all auction sales and store goods.
wares and merchandise or other personal
property which shall be exposed for sale by
samples by brokers. All wines and
ardent spirits at the rate of one dollar on
every one hundred. All goods imported from
beyond the Cape Of Good Hope at the rate OF
fifty cents on every one hundred dollars, and all
merchandise the product Of any foreign ooun-
try at the rate of seventy-fve cents for every
one hundred dollars. The Comptroller Of the
State is directed to appoint agents to collect
this tax and receive bonds Of all brokers and
auctioneers.
There is evidently large cat in this meal
somewhere. Ii has very much the appearances
Of monster scheme to provide fat places for
fayorites at the expense Of important business
interests in this city What makes 1t more
suspicious and extraordinary is that it was
quietly slipped through without attracting any
attention either by the members Of the Legis.
lature, the reporters Of the press or those who
are affected by it. The first that tho
public know of it was after it was signed and
filed in the Office Of the Secretary of State. IL
effect will be seen from the fact that brokers
who engage in selling teas by sample now
charge one per cent. On this they pay the in
ternal revenue tax, and will now be required
to pay one-half Of one per cent in addition To
the State. The sugar brokers charge one quar-
ter Of one per cent on their sales, and under
this law they will be required to pay three.
quarters Of one per cent State tax, making .
tax. besides the internal revenue, Of three times
the amount charged by them for their services.
Bonds have to be given and fees paid for fling
them. 1t seems as If the Legislature Of this
State was determined to drive business from
this city to other points, like Boston and Phila.
delphia. It strikes a severe blow at the whole
commission business in this city and State, and
virtually compels those enterprising men 10
abandon their trade. The enforcement Of the
prove almost a complete destruction to the
commission and brokerage business in this me-
tropolis All who are engaged in that line ars
very justly indignant and have held several
meetings to see what can be done in the emsr.
gency. The report Of the proceedings Of tho
meeting held in Pine street yesterday, which
we publish this morning, will give some idea
Of the dilemma which the merchandise brokers
find themselves in under this law. They seem
to be in great doubt as to what they shall do,
whether abandon their business or test the law
in the courts. A repeal was urged, but tbs
Legislature which passed ii having adjourned
and the Governor having signed the bill, ~
relief can come from that source until next
January. 1t is certainly mystery how Gov
ernor Fenton ever signed 80 rlinous NEE
sure. The fact tina. he has does not speak
very well for his sagacity or ability. In the
present emergency we can see no other course
for the parties affected by the law bu. 70
appeal to the United States courts.
The tax imposed on foreign goods and msr-
chandise Is clearly unconstitutional and VA.
we believe, in effect 80 decided by the United
States Courts some years since. This Is q
question which Congress alone has jurisdiction
over. II is a tax on commerce that brings .hs
Legislature in conflict with the constitution %
the United States. Those interested should
make up case as soon as possible and take Il
before United States Cycuit Court and have
1t adjudicated upon. There can be no doubs
as to the decision OF the Court in the matter.
No jurists could possibly decide the law conss-
tutional. This should be done at once, before
the politicians who have concocted this scheme
and provided rich places for themselves can
secure the coveted prize. This course should
be adopted to rebuke the Albany schemsrs
and Us a warning that there are vested To-
terests which they cannot appropriate to sasm-
selves at pleasure.
EI.es In NJ