The Placer herald., 1873-05-17
O0act0I Paper OF Placer County
DOUBLE TAXATION.

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We have always claimed that taxing mort
gagged premises at their full value, and also
the mortgage lien on it, was double taxation
and violation of the Constitution Of the
State, and now the Supreme Court of the
State. Chief Justice Wallace, Crockett,
Niles and Belcher, four out of the five
judges, have sustained our every position,
and even gone farther. The opinion is written
by Justice Crockett, and sweeps the whole
list Of solvent debts from the assessment rolls.
The arguments used by Judge Crockett
arc those we have given our readers through
editorials in the HERALD over and over
again, and are not necessary to repeat again
In our columns. Article XI, Sec. 13 of the
Constitution, to which are subservient all
laws and officers in the State, says: "Tax-
alton shall be equal and uniform throughout
the Slate. All property in this State shall
be taxed in proportion to its value, to be
ascertained as directed by law" If note
or mortgage has value, it is because there is
property somewhere to pay it, and this prop
erty has already been taxed. 1t is to be re-
grettsd that there is so little of legal mind
found in the press of the State, and that
superficial sputtering makes up the great
body of the reading that reaches the people
Of this State through newspapers. That the
producer and consumer pay all the taxes in
the State, county and district is an axiom,
self-evident truth, so plain that the justly
balanced, cultivated mind everywhere ad
mits is too fixed fact to inspire cavil any
where, all acknowledge. The expressions
Of the producer, the poor man, are, we say,
in Gods name enough now, when you make
him pay taxes on all he has, all he and his
eat, drink, smoke, wear and work WITH
without making him pay taxes on what he
owes. The broker and money lender pay
no taxes on what they lend. Go to the man
whose business is lending money, and ask
him for the loan of a thousand dollars. He
asks: "what are the taxes in your county
and district?" "Twenty dollars on the
thousand" says the borrower. Says the
lender: "make me secure and will let you
have the thousand dollars for one hundred
dollars in interest year, and you pay the
taxes on it, or you may have it for one
hundred and twenty dollars interest, and !
will pay the taxes" In either case the
borrower pays the twenty dollars taxes, and
il he invests the thousand dollars in business
or property be pays another twenty dollars
on that, and thus he pays double taxes be-
cause be is poor man. This is fair
sample of the whole business transactions in
the world. This is just the sort of double
taxation Of the poor man that the decision of
the Supreme Court has now wiped out, and
hereafter all property will be equally taxed,
and if the taxes are higher the poor man will
be taxed but once. 1t is just and constitu-
tional decision and inures wholly to the
poor man and borrower.
Since writing the above we have received
the order just issued to the assessors through
out the State, by the State Board of Equali-
sation, interpreting the decision and instruct
ing assessors what not to assess, and append
it here, as follows
SACRAMENTO May 12th 1878.
By decision of the Supreme Court, rendered
May Sth, 1873, in the case of Savings and Loan
Society VS.. Austin, and Bartlett Doe ct al vs.
Austin, the doctrine of the cases of People vs.
McCreary, People VS.. Eddy, Lick VS.. Austin. and
People vs.. Wartenby, is practically overruled
and it is held that solvent debts of all kinds are
not subject to taxation. You will therefore, in
making your assessment, omit all solvent debts,
whether secured by mortgage or otherwise, State,
county and municipal bonds. notes, judgments
for money, scrip, county warrants and all other
evidences of Indebtedness. And where you have
Tor the present fiscal year made such assess-
uaents, you will cancel the same before delivery
of the assessment book to the Clerk of the Board
of Supervisors, as required by Section 1864 of
the Political Code
Rules ", W., VII, XXIII. and XIV, adopt
ed by this Board February Oath, 1878, so far as
in conflict with the foregoing instructions, have
been repealed.
j. j. GREEN,
SMITH Brown