The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-23
THE BANKS BEATEN.
Supreme Courts Decision OF the
County Tax Cases.
a PRISON AT PRIEST RAPIDS.
DIR. MfshIer Acquitted Of Msssisughssr
-Mrs- Grser, the Aged spekass
Murdsrsress, ssstsnesd.

oIyxrrA. Oct zz-An opinion WAS fied
sn the supreme court today in the case o.
the Washington National bank OF Seattle,
spp@llant, Va the County Of King ana
Byron Phslps, county treasurer, respon-
dent. The decision in this case decides
eight others Of like mature The COM
plants in these canes we're drawn 20
oaviat- objections sustained 20 tae CON-
paint Of the First National bank Of Aoer-
deem We. County Of Chehalis. In the cases
before IL the court says that IL may De the
allegation that the uDassessed eapitas De-
ing "all the moneysd capital owned b.
resident individual citizens and Interested
IN interest bearing loans, discounts and
securities, except that owned by and In
vested In incorporated banks" may In
clnds capital the exemption OF which
would creatd discrimination as against
that Of national banks. provided the
amount Of the exemption WAS great
enough in volume 70 be considered
material. Bat the officially with the COM
plasnss iu that they are general IN their
language and do not set forth with par
tlealarisy the classes Of unassesset
moneyed capital with cIearness sufficient
TO enable the court 10 say that aay material
quantity OF moneyed cspitai coming into
composition with that Of national banks
has been left aaassessst.
The conclusion OF the whole matter
seems 70 the conrt TO lie in the language
used By the United States coGrt as follows:
aThe terms OF The act Of congress in
ciude shares OF stock or other interests
owned by individuals In al enterprises IN
which the capital employed in carrying
OH It's business 10 money. II
includes money in the hands ofindtylduais
employed ia q similar way. invested In
loans or securities eithe- rs al investment
OF permanent character or temporarily.
with view TO repayment and reinyesi-
meut."
IL 10 moneyed capital Of this class en-
ployed In carrying on operations OF the
same character AZ those which are within
tho powers Of national banks and such
capital in the hands OF individual owners
IL what IL intended to be described by the
oct OF congress, and until II appears that
there 10 some considerable amount Of
moneyed capital OF this kind employed in
this way. exempted by Law. case Is not
made showing n discrimination against
national banks.
There was another point made in the
case: That tho revenue law of 1858 re-
pealed the revenue law Of 1901 aud con-
tains no saving clause covering uncol-
Iected taxes on personal property, and
therefore the treasurers of King county
and Seattle are without authority % make
collection of such taxes. IL IS true that
section 1877 of the revenue law OF 1893 re-
peals all acts providing for assessment aud
collection Of taxes. The unpaid taxes on
real property are clearly saved by the
terms of section iS8, but II the taxes on
personality are preserved at all the saving
clause Is found in section IS of this act.
1t cannot be presumed for a moment that
IL was the intention of tho legislature 10
release unpaid taxes Of 1891. Section IS
occurs in . portion Of the act which is
devoted to the future operation of the law.
and with other sections 10 lays ont a
scheme for the assessment and collection
OF taxes on personal property. and, not
withstanding the matter contained In sec
ton 3, would seem TO terminate the
powers of the treasurer. Section rs seems
to continue the powers OF tho treasurer
and his successors.
The various sections of the act must be
construed together and harmonired IL pos
slhIe. so that IL il we're impossible to say
that this power and duty should continue
In the treasurer in view of the positive
terms Of the repeating section, then the
latter section being the last in the act
would prevail. but as IL Is not unreason-
able. both can stand. Considering sections
rs and is6. the effect of the repeating sec
ton is simply 10 make the act OF 1888 a
future revenue law, leaving unpaid taxes
under former laws to be collected either as
prescribed in those laws or according TO
nsw methods of the later law. when h is so
directed. The Judgment of the superior
court sustaining the demurrers is affirmed.
Bowman. Warner & stewart, respond
ents. vs.. First National Bank of Spokane.
appellant; reversed.