The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-02-24
MONDAY, FEB. "a, 1873.
Another InIquitouS Scheme OF Tax
RIiOnS

ought to be restricted to very narrow
bounds. But it is proposed, according 70
a synopsis Of this license bill which we
find in the Point Pleasant Journal to ex'
tend this oppressive kind Of taxation be-
You'd anything in the previous experience
OF our people. Persons are forbidden to
do any Of the following things without q
license for which they are to pay tax to
the State: ...
To contract TO sell or offer to sell, for
himself or for others, for profit or on COM
mission, or for other compensation, any
personal property, by deed or other writ
ing, by delivery, sample, card, or other
representation.
ITO sell or barter the right to manulac'
ture or use any machinery or other thing
patented 10 any person or company, under
the laws olthe United States.
ITO act as general agent for the sale Of
lands, or act as book agent, unless rest
dent OF the State.
ITO sell wine, ardent spirits, &c.
ITO sell at auction or public 0utcry
without a license, except, sc.
ITO act as stock broker.
ITO lend money or other thing upon
pawn, or in any manner lend or advance
money for or on account Of personal prop
erty deposited with the lender in pledge.
ITO distilI, rectily, or in any manner
manufacture ardent spirits or malt liz
uors.
ITO keep hotel, a house of private
entertainment, boarding house, an eat
ing house or bakery.
ITO exhibit any theatrical perform
ance, or any performance similar thereto
deliver lecture, or give musical concert.
ITO exhibit any show, circus, perform
ance, or any menagerie or such like per-
Torrance.
ITO practice as an. attorney OF law,
physician, surgeon or dentist.
ITO act as agent for any foreign lnsur'
anCe company.
ITO transact the business Of telegraph
company.
"1'o keepa stallion or jackass for breed
ing purposes"
The only authority for license taxes is
found in the first section Of the tenth ar.
Llcle OF the constitution, wherein it is pro-
vidcd that "the Legislature shall have
power TO tax, by uniform and equal laws,
all privileges and franchises Of persons
and corporations" Will anybody pre-
tend that the baking Of bread is "privi-
lege| If SO it is equally privilege to
nuke confectioneries, to make wagons, to
make cigars, and 10 do hundred other
things in the way Of ordinary business
which everybody regards as natural
right belonging to any member Of society.
II the baking Of bread isnot d privilege
or franchise it cannot be taxed. II tits
either, every other vocation OF like char
scter must also have a license and pay o
tax, for this taxation Of privileges or fran
chises must DO uniform" 1t Is doubtful
whether under tho first specification mon.
toned man could sell his own property
without taking out license and paying q
tax Tor it. 1t is certain that under the
seventh he could not lend money on COL
lateral. The requirement OF special tax
before q person may practice profession
Is relict of aristocratic old Virginia; but
II the professions are to be taxed, they
must all be taxed uniformly; and II a tax Is
to be imposed for the privilege" Of con-
ductiug the telegraph business, why not
exact tax Of express and railroad COM
panies for the like privilege"
The fact Is that good deal of the taxa
ton here proposed Is in violation alike Of
common sense, natural right, and Of the
Constitution. The citizen Of this country
as a member Of the body polite has some
rights Of which he cannot be Invested
without his consent. In despotic govern
ments, where nobody'has any rights, no
body can do anything save by permission
Of the ruling powers; and there almost
everything down to drawing ones breath
is a privilege" to be taxed II the rulers
choose. Here the people reserve to them
selves all the natural rights essential to an
untrammeled exercise Of the functions Of
society; and the State has no right to lay
It's hand restrainingly upon that freedom,
because no power to do so has been grant
cd 10 the Constitution. The power to tax
privileges and franchises of persons or
corporations" is very limited one and
does not confer a right TO lay tax on the
manufacture Of bread, on the buying or
selling Of real estate, on the practice Of the
professions, on lending money, on thekeep-
ing of jackass or on the sending Of tele.
graphic messages. Hit did, where would
tho principle find its llmitH A tax could
be laid on marriage as q franchise or on
Celibscy as privilege, The kissing Of
ones wife might DO declared a privilege,
and Of another mans wife special priv.
lege, to be taxed accordingly. (of course
these ara privileges ofavery high order;
but We are speaking now orprivilegcs in
a legal mot Wsthetic) aspeCt) Every
kind Of manufacture might DO made to
REQUIRE a license. Merchants, BARRIERS,
knife grinders, piano tuners, white wash
ers, livery keepers, cattle dealers, plaster.
era, carpenters, shoemakers, timers, mil.
liners, tanners, tailors, and even probes
sioual loaiers, could just as well be taxed
for the privilege OF their vocations as the
baker who treds them all. Onco the
narrow limit Of real privilege" mCRut
l. ,,,oh o,oo,r,np,o no tho constitutions