The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-22


portance Of encouraging manufacturing in
dustry by favorable legislation. He, very
properly, does not assume to specify the
specific character of the enactments requir-
ed but more than one of our Democratic
contemporaries have jumped at the concln-
sion that the right course would be to eX-
empt from taxation for term of years all
capital invested in manufactures. Yet the
constitution is explicit lin declaring Art.
XII, Sec 20) that taxation shall be equal
and uniform throughout the State and that
all property shall be taxed in proportion to
its value, to be ascertaned as directed by
law. Exemption, therefore, would be a
measure of questionable value and a prece-
dent of doubtful effect.-Vicksburg Com
Eercial.
If our respected contemporary, the
Commercial, means to say that the Leg
islature cannot exempt certain property
from taxation for series of years, we,
beg to disagree with it. We will direc
its attention to the following extracts.
from a decision of our Supreme Court,
in which this power of exemption was
directly affirmed. The following pro-
visions in the State Constitution bear on
this point
Article u, Section 10. "The proper
ty of all corporations for pecuniary
profits, shall be subject to taxation the
same as that of individuals"
Article II, Section Ia. "Taxation
shall be equal and uniform throughout
the State. All property shall be taxed
in proportion to its value. to be ascer-
tanned as directed by law"
In the construction Of these clauses
of the Constitution, our Supreme Court
held IN Mississippi NILS u8. Cook, Sc
Miss. page 40: "Section 10 article u of
the State Constitution does not delare
that the property of all corporations for
pecuniary profits shall be subjected to
taxation, but that it shall be a,,1ject
to taxation that il, liable to taxation
+ The Legislature may ex-
empt property of particular class,
whether the owners be corporations or
natural persons. + The provision
is mafadasoryIas to the universal liability |
IF such property to be taxed, but aer-
n'sstUe to the Legislature to tax it or
exempt it as may seem proper, in COM
mon with the property Of the individ-
lals. : "The first clause Of
his section establishes tbe rule I
# equality and gaifarmiiy as to taxa
ion throughout the State, and the lat
er clause requires that all property
hall be taxed in proportion to it,
'alue. The words all prepepty shall be
axed in proposition to its value do not
equfre that all property shall be taxed
md deny to the Legislature the right I,
0 exempt any. The purpose Of their
Employment il 80 FIX the rule for taxa
ION ana protect against any taxation Of
property except in proportion to its
'alue, TO be ascertained as directed by
aw. This provision does not pro- 1,
Iibit exemption. I The Leo.
Stature has the power to Sc
sct such objects of taxation ~
hey may deem appropriate /; but when
ny article ct property is selected for
axation, it must be taxed IN pronortion
its value, and not specifically" Tb,s
uestion under the cid Constitution il
lso discussed in p Miss. Reports, page
O9. In that case the Court arrives =
he same conclusion,
These several authorities fully sustain
he doctrine that the Legislature NAV =
ne exercise of its discretion. exemnt |
srtain property from taxation for ]
cries af years. It is not our rule !
follow the dictum Of Courts j
reaching our conclusions unless Il i
FUNDED upon sound reason and iust 3
rinciple, but IN this case, It is clearly !
J, and we have no hesitation in SAVING !
lat the Legislature has power under b
le Constitution to grant exemptions E
ON considerations Of public nol;cv a
ot only to corporations, bnt i d
ldlylduals Hence We have favor. )
! the policy Of granting exemp- &
ons for = limited number If vear. !
railroad and manufacturing q. +
rprises, and to capital invested s. I
migrants r lands lying idIeand waste .
7 1ne purposes Of actual cultivation 4
s ~ R1okemepts When the period i
exemption f passed these properties Z
Iould ba put upon tie tx list Il M, i
emit AoFesA
The 1mfaiprafsoF h.fI