New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-21
DAVID A. WELLS ON TIE TAXATION OF
TITLES


LAND ALONE ACTUAL PROPERTY-THE INJUSTICE
AND ABsURDITY OF TREATING TITLES 10 PROP
ERrY AS THE PROPERTY ITSELF.
TO tho Edttor Of Ths Tr'o"ne'
Sm. II IA curious what strange ideas find their
av into the heads of some persons in respect to the
liability of property to taxation. from their inability
~ draw clear distinction between actual property
ord titles IN property. For example, in The TRIB-
,,vp of Nov d ia a communication signed Nv. j..
N which assumes that tax on mortgage is q
tax on property and justiles taxation OF mortgages
ON tho ground thaJ mortgage is title to so much
If the property mortgaged as Is represented by the
loan. This 10 equivalent to tho assumption that
fills ar, propery and ignores the fact that the land
which Is the subject Of the title-whcther 1t be
"mortcacey tito or "fee simple title-is alone
thu nronerty. TO show the utter absurdty OF such
an assumption. let us suppose case.
partnership of two persons own piece OF real
estate in New-Jersey. and one OF the partners re-
sides out of the Statcsay in New-lork ms part
nor.b;n land Is taxed as whole in New-Jersey. But
~ tho tite 10 the land in addition be property, then
the New York partner is clearly subject to assess
ment in respect to taxes for his share of the property
IN New.York which would be double taxation on q
part of tho Same property and that too by . State
which can give no protection 10 the part
thus taxed extra-territorially is, however well
settled by tho decisions of the United States Courts,
and the courts of tho State OF New York, that no
State can tax property beyond its jurisdiction, and
that only State can tax tho same properly at the
some time: or in other words that tho determine
ton Of the s!us of any given property or Its capab
itv Of being taxed in ono State. excludes the posi-
blty of the situs and capability of taxation being
in any other State at the Same time. IT. therefore,
tha tn Iar a. ia M
where it is taxed then the Decd the mortgage, the
nornership interest or any other form Of title, can
not DO the property; for the same thing certainly
cannot be property in two distinct States or jursdlc
tions and in two distinct forms at the same time.
On tho other hand, if it be assumed that the title
whatever it may be- partnership interest, mortgage,
debt or deed to tho property, ard as such can be
taxed. then the land in New-Jersey, which is the
subject Of the ttle must be cxcinded from taxation
there, and regarded as not property, or In other
words the land is not in New-Jersey, but where the
owner resides having gone out of the State i'll the
pocket of the individual who walked of with the
title deed mortgage deed. and the like. We have
learned of such concentration OF meat. that all that
is valuable in an fer food be put into quart
can; but such concentration OF property us Is
hero supposed is something altogether more
remarkable, and admits of man having
ten acres OF woodland in the crown of his
hat, church with long steeplo in one coat pocket
and four story brick block, with possibly mill
privilege. in the other.
Sobery, however, the making of no form of in
debtedness-leasc deed, mortgage or any other form
of title-creates or produces any new property but
simply indicates the rights titles or interest OF
parties in pre6xisting property and any tax on any
of these titles is only another form OF burdenng the
property which is tho subject of those titles. Fur
thermore, if tax is levied these titles in any
other State than the ono where the property is
located, the tax is an cXtra-terIitoral tax. and.
therefore, by the decision Of tho u. ). Supreme
Court Unconstitutional; and If levied on mortgage
titles within the territorial jurisdiction AS the
land is which is also there taxed is simply double
taxation on one and the property. or an odious
discrimination against lands which happened to be
covered by such titles. The land in the instances
cited bears the burden of taxation az whole; but
tho taxation will apportion itself on the persons
holding the various forms of titles to tho parts,
whatever be the nature of these ttles-leasehold.
mortgage debt, fee-simple. qut-clam, &C.; aud this
not by law. but by mutual agreement as In the case
OF dlord and tenant DAVID A. WELLS.
Eorsteh, Conn, December. 1874