, 1875-03-02


TAKING THE INVISIBLE AND 1NTANa1-
BILE.
We suggest to the Committees on Revenue
Of tho Illinois Legislature, and to the n,enl-
bcrs Of the General Assembly generally, tl!at
they estimato the wcaltl, Of the people Of tho
State OF Illinois, and discover, If possible,
how thero cnn be included in that aggregate
wealth anything but ths visible, tangible
property, in such form that it can DO seen
and felt, measured, weighed, or counted.
Can tho property of s.atc, community, or
individual consist Of anything unknown to
the senses? When the Constitution Of lii
nois dec1ared that tho Legislature should raias
ths noedful revenue Of tho State by "leyyiug
a tax by valuation, 30 that every person and
corporation shall pay o tax in proportion to
the valuation of his, her, or its property"
could it have been presumed TINT
anything wns to DO valued ns prop
crty save that which had real
and substantial existence, visible to
the ego, and capable Of being touched md
handlcd2 How would 1t read that in tho list
Of taxable property Of tho state Of Illinois,
one-third Of the property is Of m invisible,
unsubstantiM character, not discoverable
with microscope, nor capable Of being SUBJ
iected to possession, nor substantial enough
to flll the compass Of child'B thimble? and
yet tho rovenue law Of Illinois ia founded
upon the theory that ono-thirl the taxable
property Of tho Stato is Of TINT character.
We know that upon the trial OF thief for
stealing promissory note, the Court held
that the note was property in tho aense
Of justifying conviction, and upon this de-
olsion rests the authority to tax crodits and
mortgages, intangible things, and sentiment
tai or imaginary nonentities. There aro
many things In which each individual has
right Of property in one sense, for
tho deprivation Of which he has legal remedy
for tho return or for compensation, and for
taking OF destroying which there ia = crn,-
inal responsibility. A man has in ono sense
right Of property in his wife and children
lle may net sell them, but he may take lifo
even in their defense. A man las property
in his eyes, in his hands and his limbs; when
deprived Of them, he oan punish criminally
the person committing tho wrong, and re-
cover compensation for tie 1oss Under the
law, \ citizen hos right to vote in one
| .t.ta L
sense sna1 r'e"1 IL properly pes"use 10 caa
recover compensation "nen un'A"1"l4y o.
psaSea OF II. ne nus 1'8nt VI property III
Ills poseona1 noefty' ano can recover coai-
pensa1'oh When onla"im'y uep'aseu u H.
nc has f'9ae Oh properly IN h's WHO enas-
tity, anti can recover damages 'fon nct
sedueef' Ivory person nas nsat o1
properly IN LIE gooo nahlo aaa roPa'
tation, and TO mnny pefaona these are
tue most valuable OF AL possess'oas' anu snch
person has fcmcdios' CIV! and criminal, 1or
tho Loss or injury 70 anch reputation: we
might extend this list OF intangible. sent''
mental and imaginary varieties Of prop
esty'" IN which persons have large anu valu'
aole Pecun'afy interests fecosnazeo ~ a11 'a"a
anu co''i's' yo' taes nfe na.ouy s"ch i'oSSes'
s!ons ~ Gun % sa.uea 'o9 'a100e Pa'I"*''
ons why 'iot II 'n1n s'Fo his wf'''en
plom,so u p,s nao'ase' ~ l'on'nH nenee3
slo IN co1S'ae'naon ~ no1se ua''1!etses
70 'ne otawet o1 .:e p'u"'se' WY ~ 'u's no,'
aauo]eot VI 'aA"aon' tao A''"o p.'as 'a1eu
any moro taan 10 "f'ssen promise OF 'nas
rage! both are mere "neten memoranda
OF contracta TO DO executed IN tAe 1u'nfe
They are not property. and both contracts
l AnutS& a RI n