The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-02-22
letter from Hon. = VI. wes>on.
wEssoN, Miss, Feb. Is, 1876

communication in your paper for the pur-
pose of encouraging the manufacturing OF
cotton and wooler goods in the State, and TO
try TO persuade the Legislature TO give
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; and stated
that 2S years ago, she passed laws exempt
ing all cotton and wooden machinery from
taxation, and now continues that exemption
indttiuitely and none of her sisters that
have pursued different policy have kept
pace with her in wealth and prosperity.
NV experience proves that the WessCn
factory-0r 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.
In THE CLARION of the 18th, some writer,
with the nom de plume ''TO the Point" is so
unchartable as TO accuse me of being I'm
terested" / suppose that he intended his
| saufb for me- / hope that | am too well
known to render a defense on that subject
! necessary.
| But T. T. P. comes square up to the
point in his opposition to manufacturing
| generally, and in his belief that the present
| law is unconstitutional but If he was
| 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. 2. Harris. which
herewith subjoin. Maybe I. T. 2. adopts
this as strategical move, for the benefit OF
| the legislators. If this i, his object, L 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 concurSing in the constitutional
ity of the law. But if the law is unconsti-
tutiOnal, it is very easy to institute the
| / hone and believe that
che present Legislature has " sound brains !"
enough, and that they aCiU pass law eX-
empting from taxation, without clrcumlo-
cution, all capital EN- ployed in manutactu-
ring cotton and wooden goods. Please
send TT. 2. a copy of The CLARION con-
tanning Judge Harris opinion, and L think
il will relieve him of his "disguSttng ease
naent - and tell him that | am deeply inter
eSted in this subject, as every good and in
telligent citizen should be, who has the
welfare of his neighbOrs and country at
heart; but that [ have no cash capital in
vested, and that lost all that did haye in
the business. Request him, also, If he think
it so ''Snug' a thing, to come down with his
Steckels, and build a big mill like the Wes-
son Mills, and all the poor laborers will call
} him blessed. J. M. WESSON.
OPINION.
The 18th section, article II, of the Con-
stitution, is not command addressed to the
-
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 can be said of the effect OF
this provision giving full meaning and force
to every word in it. 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 for OIL
| y1ct tl,.ln SIlah no nVI
designed to be prevented was, not the eXer-
else of the power to exempt property on
proper considerations OF public utility from
r 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 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 toe
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 its 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-
tice than that of the proper standard in tax
property owned by corporations should be
subject TO taxes as though owned by indi-
Vlduals, 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 CT
this power, and while it is not a mandate tc
the Legislature to tax at all events and I'M
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,
r chattels and solvent credits, corporation
owning these several kinds of property
would pay the ad Udl0rem tax as individu-
ais and on the same rate of assessments. But
it by no means follows, that on considera-
: tiOns of public benefit and for the promo
f ton of enterprises deemed essential to the
general prosperity of the State add on this
, point the Legislature is the sole judge--par-
+: ticular kinds of property-such as buildings
and machinery for certain kinds of manu-
, featuring 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,
3 lndeed,ln any other provision, which evinces
purpose TO deprive the Legislature of the
power TO foster enterprises deemed essen
r tal to the material prosperity and progress
OF the State at large ; and the encouragement
OF such enterprises must take the form of
: bounties, or of exemption from burdens,
which is only another form of bestowing
bounties. 1t would be quite as reasonable
to contend that the words Gall property
+ shall be taxed according to its.value'' is a
command to tax all property, emitting none,
az to contend that the words :. All property
shall be taxed according to its vaiue'' is a
command TO tax all property, emitting
none; as to contend that the words "The
property of all corporations for pecuniary
; profits shall be subject to taxation" con-
tanned in the 18th section, imports COM
mand to tax all property owned by corpo-
ratlons, emitting none. on any considera-
} 30th section of the same article, shat taxa
ton shall be equal and uniform throughout
the State" has been charac terized by wri-
tiers of the highest authority as a limitation
) Inherent in the taxing power as funda-