The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1891-10-29
T axation.

EDITOR GOLD LEAF The Public
Ledger. OF Oxford. of the 10th Oct.
published letter from w. d. Lyon
who asks for rebate" of taxes paid
on 5000 which was exempt under
United States laws The information
he gives the editor says is = startling if
true" He says :. if true from which
we infer there is some doubt in his
mind. The = startling" feature i'll the
matter is that our people will not in
form themselves and list nothing for
taxation the State cannot require them
to list. l have long been convinced
that our State cannot tax Federal obll-
cations. whether in the shape Of bonds,
legal tender notes, gold or silver GER
titicates, or matured bank bills. And
the legislature that inserts in the rev.
enue act. as proper = SUBJECTS for
State taxation. things they can not
reach by State laws, either shows ig-
norance of their duties, or their disrc-
gard Of the rights of the people. Leg
islatures are not elected and sent to
Raleigh to deceive and rob the people
by inserting in the Revenue act non
taxable property, but to defend their
rights by wise legislation. Section 370l
of the Revised Statutes Of the United
States expressly says: All stocks,
bonds, treasury notes and other Obll-
cations of the United States shall be
exempt from taxation by or under
State or municipal or local authority" "
This ought to decide the question as to
the right of a State to tax Federal OBJ
legations. Congress. in a subsequent
act, passed the 18th Of February, 1875,
defining the meaning Of the above
quoted section says: THE words,
obligation or other security Of the
United States shall be held to mean
certificates of indebtedness. national
bank currency. coupons, United States
notes. fractional notes. certificates.
bills, checks or drafts for money drawn
by or upon authorized officers of the
United States. stamps and other repre-
sentatives of value of whatever denOm-
ination which have or may be issued
under any act of Congress. What
can be palmer to an intelligent taxpayer
than this: If [ owned anything that
was nOntaXable by State authority,
and the State legislature required me
to list the same for State taxes | should
not regard it. Laws passed by States
in conflict with United States laws
simply show the ignorance of those
that passed them, and cannot nor
should not be enforced. The editor
says - the common people (under AL
lance teaching) are reading and think
ing for themselves" This is what they
ought to do. And if Mr.. Lyon (the
teacher) had read and thought more
before he listed and paid tax on the
5000 he wants a rebate" on he would
hardly have given it i'll. 1t is time our
people were learning their rights and
acting with more intelligence in listing
their taxable property. Whatever is
exempt by Federal authority from tax
alton under State or municipal au-
thority'' should not be listed for State
taxes whatever the Revenue Act may
say. 1t should not be uniustly taken
because the Legislature knew not the
boundary Of its duties in framing the
Revenue Act. Samuel J. Tilden. know
ING his rights. failed to list about five
millions worth of public securities.
Some parties thinking such securities
should not go untaXed carried the ques-
ti0n into court. The court decided that
Tilden was right. | shall not stop to
argue whether or not the general GOV
ernment acted wisely or unwisely in
eNOneratlng national bank currency.
gold and silver certificates. legal tender
notes, and government bonds from
taxation under State or municipal
authOrity.' Our laws are as thev are.
and our people have no inclination to
list for taxation property the highest
authority says should not be listed for
taxation - for any purpose whatever.
Thousands of dollars go into the State
treasury wrongfully paid, because our
people are not better posted with re-
gard to their rights The taker of the
tax list asks them. did you have any
money on hand the first of June:" and
not knowing that it is exempt under
United States laws. gives it in and
pays tax on nontaXable property. If
man has a kindly feeling for the State
and desires to assist her he can list his
legal tender notes, gold and silver GER
titi6ates. and national bank notes, and
pay tax on them. but as a matter of
right the State can not demand it Of
him. While [ am willing to pay my
proportionate part of our State taxes
l am not willing to list and pay on ex-
empted property. r. W. HARRIS.
FX-SFNATOp INcaIIS of Kansas