The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-01-09

praisers, or an enactment should be
passed declaring that the present ap-
praisement shall remain as the basis
of taxation for another year, and Civ
ing the appraiser elected in each
county time to appraise personally all
the real estate In his county. 1t is
very important to have a uniform and
just appraisement Of real estate for
taxation, and it is believed that this
will be better attained By having one
man to appraise all the real estate in
county 9aan by having multiplicity
of appraisers In each county.
The law as it now stands fixes the
compensation of appraisers of real es-
tate at two dollars per day It is wor-
thy of consideration whether this is
an adequate compensation under ex-
isting circumstances.
The act of March Is, 1867, entitled
An act to provide for the assess I.
ment and collection of taxes on shares
of stock IN banks, and banking asso-
Citations doing business In this State,
expressly exempts stock In tie Bank
of the State Of Indiana aud In Ma
tional Banks from taxation for mu-
nicipal purposes. / respectfully re-
commend that this section be repeal
ed; and that an amendatory section
be passed declaring that shares of
stock In these exempted banks shall
be taxable for municipal purposes
like other property.
Banks are generally, if not always,
located in incorporated towns or
cities, and derive as much benefit and
protection from municipal govern
ment as any other persons or institu-
tions, aud there is no justice in ex-
empting them from their just share of
municipal bufthens. The stock Of
the National Banks doing business in
this State cannot be taxed for muni-
c;pal purposes SO long as that of the
Bank of the State of Indiana is ex-
empt, because the act of Congress re
qulres 1t to be placed on an equal
footing as to taxation with State Bank
ing institutions. 1t is true that the
fifteenth section of the charter of the
Bank OF the State exempts its capital
stock and that of its branches from
municipal taxation, and it Is equally
true that the Supreme Court of this
State, in 1858, declared this exemp-
tion to be constitutional. In the de-
provision of the Constitution which
makes 1T the duty of the Legislature
to " provide by law for uniform and
equal rate of assessment and taxa
ton, and to prescribe such regu-
latiOns as shall secure a just
and equal valuation for taxation
of all property, both real and person >
al, has no application to municipal
taxation, but refers to the general
levy by the State, and the reason given
is that taxes for corporation, town
ship and county purposes cannot be
equal, that is, because a different rate
OF taxation is required in one muaie-
lpal corporation, county or township
than is demanded by the necessities
OF another; therefore the very just con-
stitutlonal provision as to equality and
uniformity of assessment and taxa
ZION of all property, has no appliea-
ton to county, township, or munich
pal taxation.
Tbs eounts-, tovvnsllip. and munich
pal taxes are many times greater than
the aggregate amount of the taxes
imposed directly by the State; and
the result of this construction IS. that
the Constitution has carefully guarded
the smaller interest, but has left the
larger unprotected and a mere matter
of legislative discretion.
In 1860, however, the decision of
the Supreme Court, before alluded TO.
was virtually overruled by the same
tribunal; aud following the interpre-
tation given by the Supreme Courts
of Ohio and Wisconsin to similar
constitutional provisions. the just
principle was established that the
constitutional restriction applies TO
every species of taxation imposed un-
der or In pursuance of State law;
requiring that the same rate Of taxa
ton shall be imposed in one county
or city that is assessed in another
county or city, but that the rate of
assessment shall be equal aud uniform
on all property, real and personal, in
the jurisdiction or territory In which
the tax Is levied. If the tax be
State tax, it must be uniform and
equal on all property in all parts Of
the State. If it re a county, town
ship or city tax, 1T must be uniform
and equal OF ali property throughout
the county, township or city in which
the levy is made.
AIo JUDI duu lQDCIDFc .
/ tation of the Constitution removes all
obstacles In the way of an equal tax !.
atIon OF bank stocks with other prop
erty. In the larger town and cities
the municipal taxation is necessarily
onerous, and 0y exempting large
amounts Of banking capital, (than
which no other property eau better
afford to pay taxes,) the burden inn
posed for the benefit of all, are made
TO fall uDjustly on other property and
capital not thus favored.
For the years 1867 and 1868, the
tax placed upon the duplicate for
State Debt Sinking Fund purposes,
was twenty cents on each one hundred
| dollars in value of taxable property,
and the collections for those years
were made accordingly. The correct
ness OF this levy depends upon the
construction of three separate and dis
tinct acts of the General Assembly.
and, in my judgment, a correct con-
structIon of these acts only authorized
fifteen cents on each one hundred
dollars In value of taxable property.
The acts uDon which the question de-
pends are those of March 9th, 1861,
entitled an act iu relation to applying
certain funds therein named to the
payment of the public debt,
and raising a revenue for
the support of common schools,
/ ETC.; the act of May 13, 1861,
authorizing the issue Of war loan
bonds, and the State debt of Decem-
Der 21. 1865. The act first named au-
thorizes five cent tax for the reduc-
ton and ultimate extinction of the
public debt. The act of May 13,
1861. authorizes five cent tax for the
payment Of the interest. and final pay
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