, 1875-08-30

1Ac 3taL1 DOAla oI I1luiAl1aLluu OF 1llu0lB
is another vcriGcation OF tho a1iom that '.tho
world is governed too much" The estab-
lishcl principle Of American republican gov
crnneut is thnt tho three powers, executive,
Legislative, and judicial, nre each exclusive in
their appropriate department, and that no
one Of these can lawfully exercise the
authority Of tho other. This principle is
enacted in the Constitution of this Stato.
Notwithstanding the Constitution declares
that the legislative power shall be vested in
a General Assembly, and the judicial powers
in tho Supreme and other Courts, We have
another tribunal, which, though created
by tho Legislature, exercises both
Legislative and Judicial powers, and that,
too, absolutely aud without appeaL.
The Supreme Court, upon appeal, has de-
cided TINT the judiciary arc powerless to cor
rect any official act by tho Board Of Equal
ization in tho way of Assessment except on
one or the other OF two grounds i. Fraud
by tho board; 2. Assessment Of property
not taxable. The Supreme Court said, sub
stautally, If not in terms, that in the exer-
ciso Of its powers the State Board was
court unto itself. When. therefore, it makes
an assessment, no matter how contrary to oil
Justice and reason, its action is final and
binding. In the act croating this Board, the
Board is authorized to make "r1lles," md
under this power it onacts laws. and, claiming
to DO legislature unto itself, as well as
court, it ovorr1llos mud discards tho enact
ments OF the General Assembly 1T its pleas
ure.
Tho Revenue law Of 1872 WIS framed un-
der tho prejutlices, founded upon ignorance,
against whnt il generally known as capital.
When haf dozen mon combine their means
to carry on business which but few per-
sons could do aIone, the Revenue Inv assumes
that these men arc conspirators against the
wclfAro Of mankind, nre enemies of labor,
and schemora who deserve to be punished.
Tho law provides, therefore, TINT these cor
rorations slnll be ta1ed, not only on MI they
own md possess, but ahall be taxed thereon
under as many forms as the ingenuity OF tue
state Board can suggest. Tho State Board,
nothing 10th, having fortified themselves
with rules having tho force of Inv, have exer-
ciscd the authority with vigor. But the Gen.
eral Assembly at the last session, listening to
general romonstrance from all parts Of the
state, amended the Revenue law, and
in plain aud explicit terms required
tho State Board, in assessing the
property Of manufacturing aud two othe.
GLASSES OF corporations, to treat them as intli.
vidua1s, aud to exempt thom from the dupli.
cato assessment on capital stock. The State
Doard, however, reaonts this Interference. It
is claimed that II one class Of corporations ba
exempt, then all must be exempt, and tbs
State Board. acting rs sort OF supreme
legislature, proposes to disregard tho act
Of tho General Assembly Of 1878,
and, acting on the advics Of the Attor,
ncy General, to assess them just na II no such
act had been passed. II the Board shall &C
decide o.-and it aosms probable that It will,-
then wo will hare put in successful operation
new tribunal exercising m appellate juris
diction, both legislative and judicial, ant
uniting supreme power, not only to maxi
laws aud repeal them, but To expound then
for tue governcacnt Of the courts,
Tho mora this whole business OF taxing cop
1tal stock " considered, the more lulioron
mud ut the Same tisno unjust does tho who'll
proposition appeaT+ The attempt was mad
in order to swell the revenue by the doubl
taxation of one class Of property, and Mr
Dxa1o1aoN admirably illustrated The resul
by reoiting the story Of the dog who, rich il
the possession Of one pece Of meat equal t
his need, was tempted by the shadow on III
water to grub for another, thereby lo4ln
what he bad. The State, in its Efforts t
double its revenue by taxing the intangibl
shadow Of the tangible property, has lost II
revenue from both. The collection Of .ev
nue from corporations has been attsnde
with costly lttgatloni the revenue has nj
been collected because tied up with iujun
tioas, with q certainty that In the en
: the whole assessment will be swept awe
by tho DEGREES Of courts which 1
not recognize the State Board I
a tribunal Of superior authority. After fos
or f,ve years Of litigation. during which L
productive industry hAA b.sa 41a.4cl /