The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-10-03

ne Ta1uttOn OF
..,,,.ned friend of the Preston
w.. ., E,,,aI asks US II We did not some
,,, '',, publish ;hedecision Of the United
- ..,,. = .,pr.ne , Court touching the ques-
n the non.taxability Of United
....-. ". h,p,!.. and suggests that We repro.
IN, ipa.innch, as he says. many Dem.
Wv ~, =, ,,e seeking to throw odium on the
g's,bli,1r Marty hy claiming that it was
p,ii,,J Congress that exempted govern.
s,,o,l. from taxation, and thus put
-. a,-,p,l tax on other kinds Of property.
T.b,y.once or twice, perhaps, publish.
=, ,,,rar, or two from the decision Of
.I,;,,J state, supreme Court in the
81. ,,,.. ,.tsr,.I to. There were two inn
.,.,,, 80, j.i.ion. in regard to it, and our
,..,i riII fnd them in 4th Wheaton,
- -, a.; and "a Peters, page F2, OF the
r >gy,eme Court reports the cases be-
d, E,oun 4, MrCulloch vs.. the State OF
y,,rI,sd and Weston vs. the City Coun-
gjCbr!e.,on. Roth opinions were de
,,.,,, bv Chief Justice Marshall, the for
,~, the February term, 1919, and the
~, =, the January term in 1879.
v.n careful To specify the date, and
&. ,,ne Of The Chief Justice, 80 that our
r-,op COUNTY Democratic friends will
,,, no excuse for saying that the de-
qsors ,manatei from Radical Court.
|, the iormer decision Chief Justice
Yrshal lays down the doctrine that the /
pvg TO tax involves the power TO de-
sn1 and tha, the power to destroy
,rJeira;a and render useless the powerto
nx,.r On page 1876 he says: live apply |
q. MndpIe for which the State Of Mary
ni eon.eal- to the constitution general
Nv, shall iind it capable OF changing To-
uIy the rharar,er OF that instrument: Wei
AIl fnd it capable OF arresting all The
psare, Of the government and otpros-
mn. i, 4, the foot Of the States. The I
.-r;iean people have declared their con-
s:rion and the laws made in pursuance
a.reoi, 70 be supreme; but this principle /
plId transfer the supremacy in fact to
4 Sa;cs" s.4 IA
-Iiihe States may tag one instrument
.7Foyel by the government in the ex-
sgSoa Of iLs powers, they may tax any !
o! rvery other instrument. They may |
Ete nail; they may tax the mint; they
ii ux pa;en, rights; they may tax the
Hsroiihe Custom House; they may tax
Il Tie means employed by the govern
aAi TO an exccs. that would defeat all
d. ends of the government. This was
~ zrnlsl BY the American people.
Eey lid not design to make their gov
,nael, irpeaden, on the States"
Ia the ep@ Of Weston w. the city of
Cs4heton. Chief Justice Marshall laid
,bJa the as Is follows lsee page III, ID
hens I'll the right to impose the tax
ass its right which in its nature ac-
hSVleiees no limits. 1t may be carried
pny extent within the jurisdiction of
asS,l,e or rcOrpon,ion which imposes it,
'hsh the will OF each State and corpora
VA may prescribe. A power which is
nta BY The whole American people for
hareonnon good, mhich is to be GrSreised
a &HS atiod' p,riois, for the most im-
HTIat purpose, on the free exercise Of
Vsieh the interests certainly, perhaps he
Ss1' y & rto'r may dePend, my be
biNienet, imPeled, II not arrested, by.
ny Of the organized parts of the Con-
Ssasr."
vsPaE Us, the Chief Justice proceeds
"a, "A contract made by the Govern
nat the exercise Of its power, to- borS
~ n'uey on the credit Of the, United
sEs. i undoubtedly independent 6f the
'lloilay State in which the individual
'a' leads may reside, and is undoubtedly
4 oPera;iOn essential to the important
'S.e:' for which the Government was
'ea'st ltongh,, therefore, on the prin-
as'e 'et,led in the case OF McCulloch vs..
s'Sa'e Of Maryland, to he exempt from
ARnHa;ion, and consequently from be-
H' ta1ed by corporations deriving their
H'r from States" w
EAe'e Ar the points laid down by the
SP'ens Court in the years 1919 and 1879,
Aas enough before the Radicals Issued
ny sovemmen, honda We commend
Asa TO the careful consideration OF not
"aly the Preston County Democrats hut