The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-05-26
THE REVENUE Ia W.

THE RETENUE Ia W.
Opinions of the Public Treasurer on tne
Revenue Law.
David A. jenkins, Esq, Public Treasurer,
has delivered the following opinions on the
new revenue law:
STATE OF NORTH CAROLINA.
TREASURY DEPARTMENT,
Raleigh, May 18th, 1869.
" - Fayetteville, ~ G.
DEAR S1R:=Yours of May 18th to Gov.
Holden is referred to me for answer.
have also received an unsigned letter to same
effect apparently in your handwriting: -
I regret that you, who write so intelll-
gently on this subject, should not concur
with me in the construction OF the revenue
law.
l beg you, after reading this letter, to re-
view your conclusions and l feel confident
you will see that am right.
The Constitution of this State carries in
TO effect the great principle, that all prop
erty shonld be taxed according to its value,
and that every man shall pay in proportion
to the amount of property he possesses.
Our State has been levying taxes on diff
ferent principle for years. An inspection OF
the old revenue acts will show that the
mode of taxation then adopted was un-
equal and unjust. Men of large estates paid,
in proportion, much smaller taxes than their
neighbors, who followed occupations just as
useful and as much entitled to the protec
ton of the government Most OF the States
Of the Union, especially the thriving States
OF the Northwest, have long since discard
ed this grievously burdensome mode of par
tial taxation, and adopted the just and
equal rule of with "a few exceptions) ami
uersal taration Of all property according to its
gdlue
Moved by the foregoing considerations
the Convention of 1868 followed the lead
of the great prosperous States of the North
and West and of some of the Southern
States, especially Georgia, and adopted the
principle of AID vALoREM TAXATION. Here
after if man has little property, he must
pay little; if he has mach property he mast
pay more tares
Article V, Section of the Constitution is
as follows:
Laws shall be passed taxing by uniform
mode, all money, credits, investments in
bonds, stocks, joint stock companies or 9th
erwisc, and also all real and personal prop
erty according to its true galoe in money The
General Assembly may also tax trades, pro-
LESSONS and incomes, provided that no in
come shall be taxed when the property
from which the income is derived is taxed"
hat ha
bly, must tao all real and personal property
according otis true value in money. There
is no discretion. The command is peremp-
tory. This section gives no power to exempt
any property whatever, no matter what may
be its character or amount.
1t was thought best, however, to allow
certain exemptions. Section 6, Article V,
specifies what they may be. 1t reads as
follows:
property belonging to the State or mu-
niCipal corporations shall be exempt from
taxation. The General Assembly may e.
empt cemeteries and property held for educa-
tional, scientific, literary charitable or re-
ligious purposes also wearing apparel, arms
for muster, household and kitchen furniture,
the mechanical and agricultural implements
of mechanics and farmers, libraries and sci
entitic instruments, tn value not exceeding
three hundred dollars"
Notice that the trainers of the Constitu-
ton, ever SD anxious To secure and enforce
the principles of every mans paying accord
ing to his property, that the General Assem-
bly, is not commanded to erempt anything achdt-
erer-they are alloared to exempt $500 worth
OF the above named property in the aggre
atp l,ut fhpy hay M to ant
other property. State property and that of
municipal corporations are exempt by the
Constitution ITSELF Nor can anything be
palmer than that, under the foregoing pro-
visions OF the Constitution. all property must
be taxed uniformly, the General Assembly
having the power to exempt not exceeding
$500 worth of certain articles named in sec.
ton 6. The power of exemptiDg is with
drawn from the General Assembly except in
the particulars named The Constitution
with the above principle OF taxation was
submitted to the people. 1t was attacked
hy the Conservative Press and Conservative
orators on account of these very principles.
The usual declaration about the widows
cow" the poor mans hen and chickens, tin
cups, bahy's cradle" &c, &C., was abundant
ly lavished on the voters of the State, but
Notwithstanding all the oratory the voters
ratified the Constitution by nearly 10000
majority. Any exemption made by the
General Assembly beyond the foregoing pro-
visions of the Constitution, would be ancon-
Stitutional and cold For better or for worse,
the Constitution is the supreme law of the
land. The Legislature must enforce it or
break their oaths
The present Revenue law is formed with
IA view to carrying out the mandates of the
Constitution. Acting under the directions
given them, the General Assembly conclu-
died to exempt two hundred dollars worth
OF the articles over which they had power.
They were not authorized to go further,
they dared not go further
OF course if the Legislators are bound by
the Constitution to carry into effect its pro-
visions, the State Treasurer, ministerial
officer must carry into effect the acts of tile
Legislature passed in accordance with the con-
Stitution. You seem to think that produce
raised by farmers, on hand 1st of April; may
he exempt under the provision which de-
clares that "no income shall he taxed, when
the property from which the income is de-
rived is taxed" This position cannot be
maintained for a moment. By section 3
the General Assembly had power If they
chose, to tax trades, professions franchises
and income"
They are Commanded to tdg all real and
personal property according to value There
is distinction between the property and IN
come tax, The property tax is one thing
and the income tax is another thing:
Under the present Revenue law the pro-
perry tax is seuen tacentiethso Of one per cent on
its yalue-the income tax is taoo and lone ha!f
of one per cent on tile net income.
If the General Assembly conclude to levy a