Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-09-29
THE MERCHANTS TAX.
Act.ou of the Memphis Chamber OF
Commerce--.Draft of n BAH to be Pre-
seuted tn the Legislature.

scented to the Legislature.
Atameeting of the members Of the Memphis
| chamber of llnmmerce Saturday afternoon, Nj,
| VIM. r. Moore, on behalf OF the commi tee
| previonslv appointed to draw up bill amenda-
| forv If the merchants tax law. TO be presented
| to the Legislature for adopslon; rsported tnSt
| the committee had prepared a bill with much
care and with special referees 20 % ths iaws
| fectinV Louisville and st. LOUIS. The whole
system of taxation, as 1t affected the mercantile
community. was false ana FUNGUS one, Gas
against the interests OF merchants would be
enough. Suppose, said Mr.. Moore, gentle-
man in Memphis goes into business with caps
itaI Of one hundred thousand dollars, which he
turns over five times in a year, he is charged
one and half per cent. on ~ eaen Time. when
amounts to s.. $40 in tax that ne Is compelled to
nav. The same merchant in St Louis or Lou
lpSH;;iIa bav;nr 10 nav one half of one per cent
per annum on the capital he may invest In bu-
siness pays just five hundred dollars. or Ms
teen times less than ne mas ih 70 pay Rs{. lbs
The merchants of st. Louis and Louisville are
taxed on capital: we are also taxed on energy;
for every time we push sale OF goods we are
taxed for it-that is TO say we are taxed for
Whatever efforts we may make to spread our
trade and increase our power and wealth, II IS
repressiye tax. Mr.. Moore then read the bill
as follows:
STATE,
Section l. Be it enacted by theGeneral Assem-
bly, of the State of Tennessee. That the taxes on
sales and purchases of merchandise heretofore
levied in this State be. and the same are here
by abolished; and sections 4S2 and 53S of the
Code are amended by emitting therefrOm the
word merchandise"
Sec. q That hereafter each stock Of goods kept
for sale by any merchant shall be taxed upon
its value, in like manner as other personal
property such taxes 70 pc assessed as me ner EN-.
lector, in like manner as other property taxes;
Prouided, that his act shall not affect the col
lection of privilege taxes upon the avoeations
declared by section $50 OF the Code or subse-
quent laws to be privileges. except the business
of selling merchandise upon commission.
Sec. 3. That section SAL Of the Code be and the
same is hereby amended so as to include in the
taxable property of the State. 18th, all stocks
of merchandise kept for sale by merchants.
Sec. f. That section $40 of the Code be and
the same is hereby amended, so as TO maze 1t
the duty of the Assessor to enter In the assess,
meut book, in a separate column, all stocks OF
merchandise kept for sale by merchants, as de-
signated by the above named amendment to
section 54l of the Code.
Sec. 5. That every merchant doing business in
this State shall render TO the Assessor on or be-
fore the second Monday of February, in each
year. written statement underneath, showing
the true value in money of the largest amounts
of goods, wares, and merchandise held on hand
by him for sale at any time during each month
of the pl eceeding year in which he was engaged
in merchandising, and the aggregate Of said
sums divided by the number of months, shall
be entered by the Assessor as the taxable stock
of goods of such merchant for the year:
See, 6. That the Assessor shall administer to
each merchant the following oath, to be al
fixed to his statement, and signed by him and
certified III due form by the Assessor, to-wit
y, A b, do solemnly swear that the foregoing
statement is full and correct statement of the
true value in money of the largest amount II
goods, wares and merchandise on hand Tor sale
BY, - At the time herein specified SO
Sec Z. That the Assessor shall return all
such sworn statements by him received TO
the County Court Clerk, with the assessment
books; and the Clerk shall file and preserve the
same in his office.
Sec 8. That if any merchant shall neglect or
fail to render to the Assessor the said statement
under oath, by the day herein before provided,
1t shall be the duty of the Assessor to examine
the stock fsuch merchant, and value the same,
using the best evidences and information attain
able, and return the same with the other assess
ments.
Sec. 9. That the term merchant" as used in
this act, includes every person trading and deal
ing in goods wares. merchandise, groceries Jew
elry, drugs or medicines, whether the trading
and dealing be done on land, or at any steam
boat wharfboat or other craft, stationed or ply
ing in the waters of the State; provided. that
each mercantile firm or copartnership OF mer-
chants shall be required to make but one report
yearly to the Assessor for such firm. which may
be sworn to by any member thereof
Sec 10. That the provisions of this act shall
apply TO all stocks OF goods or articles OF meI-
cnanGise held for sale on commission, and each
commission merchant shall report to the Asses
sor the amount of such goods held for sale in
like manner as all other merchants; provided
that the provisions OF this act shall not apply to
any productions of this State nor TO any arti-
cles of merchandise manufactured of the pro-
duce of this State; and provided further, that
farmers and planters residing IN adJolniug
States may bring into and sell in this State by
themselves or their agents, the productions OF
Ii e soil raised by themselves, without paying
tax thereon, or taking out license as mer-
Sec. II. That sections SIS, 679. $50, 6sl and 6S2
ofthe Code be and the same are hereby repealed.
Sec. II. That no merchant or mercantile trm
hall engage in business without first taking
from the Clerk of the County Court license
therefor which shall be issued In the name Of
the State. upon the applicant entering into
bonds Joint and several, before the Clerk, with
at least one good surety, in the penalty Of
one Thousand dollars. PAYABLE to the State Of
i Tennessee, conditioned that he viii. on or be-
| fore the second Monday Of February next en-
suing render to the Assessor a sworn statement
of the true value in money (by which Is here
meant the circulating medium generally USED
| in business transactiOns) of the highest amount
OF goOos on hand for sale at the times and IN
| the manner hereinbefOre provided, and Will
| pay all the taxes duly assessed thereon at the
| times and in all respects as required oy law
and the Clerks fee of one dollar for taking the
| bond and issuing,the license shall be paid the
| time of Issuance. -,
Sec Is. That each merchant or mercantile
| firm continuing in business shall renew such
| bonds and license annually.
Sec II. That no license shall authorize mer
| chandising out of the county where issued, nor
for a longer period than one year.
| Sec. Is. That the license bond of any mer-
| chant or mercantile firm shall~be forfeited
| 6y his or their failure to render statement
/ to the Assessor, as hereinbetore required, or
/ by rendering a false statement as to the
/ amount of goods on hsnd at any time, or dur
i ing any period. or by failure to pay the taxes
| assessed at the time and in the manner re-
| qured by law; and it shall be the duty OF the
/ States attorney to bring suit in the proper
| court on any forfeited bond. to recover any
| deficiency in the amount of either State or
| county revenues. or other damages accrulng by
| reason of the forfeiture.
Sec. It. That any person engaging in busl,,
| ness as a merchant, without giving bond and
taking out license as hereinbefOre required, Is
guilty of a misdemeanor, and shall be subject
| to persecution for each days violation OF the
law; and on conviction shall be fined five hun
bred dollars for the first oflense, and one nun
| dred dollars for each subsequent Otfense.
| Sec. II. That all laws and parts of laws Whlch
are in conflict with the provisions OF this act, be
| and the same are hereby repealed.
| Sec. IS. That this act shall ia elect from
| and after its passage.