The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-02-23
CORRESPONDENCE.
Letter from Hon. =. va. Wes'on.
wEssoS, MIss., Feb. Is, 1876.

WEssoN, MIss., Feb. Is, 1876.
EDS. CLARION: When | published short
communication in your paper for the pur-
pose of encouraging the manufacturing OF
cotton and wooler goods in the State, ana 20
try to persuade the Legislature to give a
fostering care TO that interest, | gave a
present, living example of the beneficial
influence that the manufacturing interest
had produced upon the wealth and prosper
ity of Georgia and her people; ana stated
that % years ago, she passed laws exempt
ing all cotton and wooden machinery from
taxation, and now continues that exemption
indefinitely, and none OF her sisters that
have pursued a different policy have kept
pace with her in wealth and prosperity.
Ny experience proves that the Wesscn
factorv-or any other factory-will produce
a tax paving wealth. that would not other
wise be produced, of many times its own
value, and the benefit and blessings to the
poor are untold. and especially TO the
widows and orphans.
len THE CLARION of the 18th, some writer,
with the nom de plume $50 the Point" is so
uneharitable rs t. accuse me of being IN
terested." | suppose that he intended his
squib for me. l hope that l am too well
known to render defense on that subject
necessary.
But T. T. p. comes square up to the
Hpoint " in his opposition TO manufacturing
generally, and in his BELIEF that the present
law is unconstitutional but If he was a
LAWYER, instead of a literary man, he would
De better Judge of the cOnstitutionality of
the law. | will therefore refer him TO the
legal opinion of Hon. W. Z. Harris. which
herewith subjoin. Maybe L. L. Il. adopts
this as a stratcgical move, for the benefit of
the legislators. II this i his object, | will
say to him that Gen. George fully concurs
in Judge Harris opinion, and the chairman
of the committee has The opinion of dozen
Others all concurring in the constitutional
-, IaV t,f ha IoI *
tutional it is very easy to institute the
proper remedy. and hope and believe that
the present Legislature has "sound brains
enough, and that they eodH pass law eX-
empting from taxation. without circumlo-
cution, all capital EN- ployed in manutactu
ring cotton and wooden goods. Please
send 7. L. p. copy of The CLARION con
tanning Judge Harris opinion, and L think
it will relieve him of his "dtSgnsttng ease
neent !" and tell him that | am deeply inter
ested i'm this subject, as every good and in
teligent citizen should be, who has the
welfare of his neighbors and country az
heart; but that | have no cash CAPITAL in
vested and that lost all that did haye in
the business. Request him. also he think
it so ''SRuq'' a thing, to come down with his
Shechels, and build big mill like the Wes-
son Mills, and all the poor laborers will call
him blessed. j. NJ. WEssON.
OPINION.
The 18th section, article II. of the Con-
Sttution, is not command addressed to the
Legislature to tax the property of corpora
lions having no discretion. 1t merely de-
clares that the property of many corpora
tionS of certain kinds shall be subject to
taxation in the same manner that similar
property is taxed when owned by individ-
ualS. All that c an be said of the effect of
this provision giving full meaning and force
To every word in il. is that the property OF
the corporation shall be placed on the foot
ing of like property of Individuals. and
there shall be no discrimination tor or
against the corporations such. The eyI
designed TO be prevented was. not the eXer-
else Of the power to exempt property on
proper considerations OF public utility frOm
taxation. The method of taxing money
corporations, or corporations for pecuniary
profit, were various. Sometimes one cor
poration was taxed by one standard and
another by a different standard, and al
though corporations might own land,
credits and other personalities as indiVidu-
ais they were arbitrarily taxed by some
standard, which might be Onerous, but which
most frequently was unfair because too
light 1t is not very well settled what it is
that truly represents the value of the cor
porate property; whether the stock as
valued in the market or lis nominal value;
whether its value, as in case of railroads
and manufacturing companies is not its
earning power as tested by the profits OF its
business. There are few subjects more per-
picked by diversity of opinions and prac-
ing corporations. The simple declaration of
property owned by corporations should be
subject to taxes as though owned by indi-
Viduals, would confer no more power on
the Legislature than it would possess with
out the declaration. Hence we look for
some purpose beyond the mere giving OF
this power, and while it is not "A mandate tC
the Legislature to tax at all events and un- |
der all circumstances it may fairly be AS
sumed that it conveys, though indirectly, a
prohibition of the adoption of these arbi- |
trary standards. SO that where a general |
revenue law imposed a tax on lands, money, |
chattels and solvent credits, corporation |
owning these several kinds of property |
would pay the ad UdLoreDt tax as individu- |
ais and on the same rate of assessments. But |
it by no means follows, that on considera- |
lions of public benefit and for the promo |
tiOn of enterprises deemed essential to the |
point the Legislature is the sole judge--par- |
tlcular kinds OF property-Such as buildings |
and machinery for certain kinds of manu- |
facturlng purposes. may not be exempted |
by the Legislature from taxation as the |
means of inducing capital to take the di- |
rection of such enterprises. ! find nothing |
In this provision of the Constitution, nor. |
lndeed,1n any other provision, which eVinces |
a purpose to deprive the Legislature of the |
power to foster enterprises deemed essen
ual TO the material prosperity and progress
of the State ut large and the encouragement |
OF such enterprises must take the form of I
o
which Is only another form OF bcstOwing |
bounties. 1t would be quite as reasonable |
to contend that the words ''All property
shall be taxed according to its value is "a
command to tax all property, emitting none,
as to contend that the words " All property
shall be taxed according to its vaue' is a
to tax all property, emitting
none; as to contend that the words "Ihe
of all corporations for pecuniary
profits shall be subject to taxation" con-
ralnP6
pand to tax all property owned by corpo-
ratfons, emitting none. on any consdera-
ion or in any event. The provision in the
Both section of the same article. THAT taxa
ION shall be equal and uniform throughout
The State" has been charac terized by wri-
,ers of the highest authority as a limitation
Inherent in the taxing power as Il funda-
mental principle efficient and operative
without an express recognition by the Con-
tituton.
This provision has never been considered
IS taking from the Legislature the powers
o select the subjects of taxation. and it is
consistent with its spirit and
meaning to omit from taxation, money
oaned, credits, the products of agricultural
arming stock, machinery and buildings
lsed in particular kinds of manufacture
it has never been held to be re-
trlctlve OF the power to exempt property
employed in particular enterprises or bust
less of particular kind from taxation.
The remaining part of this section fixing the
standard OF apportionment OF taxation. to-
Wit: The value of the property OF whatso-
,ver character, means no more than that this
hall be the standard, and taken in connec-
ION with the first clause imports that this
tandard shall be applied throughout the
'tate. If we put the 18th and goth sections
ogether thus: Taxation shall be equal
and uniform throughout the State = All
property shall be taxed according to its
value to be ascertained by law: the Dron- |
erty of all corporations for pecuniary
profits shall be subject to taxation the | ;
same as that OF individuals" Combining
hem in one section and supposing them 70
ave logical sequence, our conclusion