Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-04-19
NO. 20

tberefrom operates on the power to borrow
before It Is exercised and has a sensible In
finance on the cont. act, and therefore sucn
tax is a tax on the power OF the staes ana
their instrumen allties to borrow money, ana
consequently repugnant to the constitution
OTHER QUESTIONS INVOLVED.
Upon each of the other que,ti ms argued
at the bar to wit; First whether the '0ia
provisions as to rents and income from real
estate invaidate the whole act; second,
whether as to the income from personal
property as such the act is unconstl'u'ion@'
laying direct taxes; third, whether any
part Of the tax, il not considered as Il u'ieo'
tax. Is invalid for want OF uni ormity OIL
either OF the grounds sugge'ted' lne Ius
tices who heard the argument are equally ul-
vIded and, therefore, no opinion Is e1presSef
THE RESULTS.
Tie result is that tho decree OF the Circuit
Court is reversed and the cause remanuel
With directions to enter O decree In iayor o.
complain. ant in respect only OF the voluntary
payment of the tax on the rents and Income
OF its real estate and that which 1t noids o'
municipal and State bonds.
The decision was $50 adverse to this part
of the law as repugnant to the constitution.
On the other points the court was divided
and, therefore, no opinion could be given.
PRESENT TARIFF ACT
The Chief Justice quoted various Supreme
Court decisions and sought TO snow 'n"'
while the question had been before the c'u''
the question had only been considered asap'
plying to the question at issue IN the pa'Oo.
lar cases. Coming down to the present 'arin
act, he said that the law was passed In
time OF profound peace, and 1t was 10 10
taken as evidence that Congress had souglI
In this matter to form a precedent Tor ue'
parture from established lines, and 1t tnete-
fore became important 10 inquire INTO 'ne
circumstances with some atten ion TO de'ai'
and for the purpose OF compassion ne went
back TO the enactment of an irc me tax dur
ing the civil war. He quoted from the de'
ciion in the Springer case, giving history
OF the case and deyoting much attention 10
It. as he said 1t was upon this case that tue
defense had apparently reliei upon more
generally an upon any other precedent II
is, he said, conceded in all the cases IT. ID
Hylton to Springer that taxes on land are di'
rect taxes. while IN some OF them 1t Is deter
mined that taxes on rent' derived from
lands are indirect taxes. Was there. he ask
ed any distinction between tax on the land
and the income derived from the land?
WHAT IS LAND?
What. in other words, was the land but the
profit on lP The namo Of the tax Is unim'
portant and thu court had been unable to see
anv distinction. He closed this part oil the
opinion by saying the court had reached the
conclusion that the tax on rents was In.
yolyed.
The Chief Justice then took up the ques'
ton OF the :axation Of municipal and STA
bonds.
The decision was also adverse to this part
OF the law as repugnant to the constitution
On the other points the court was oN'ueu
and therefore no op MON could be given.
MANY OPINIONS REVIEWED.
The announcement Of the conclus ons oil
the cont was preceded by review Of the
many opinions OF the Supreme Court from
the time OF Chief Justice Marshall wn 10
the celebrated Springer case. brought by ex'
Repre- entative Springer, OF Illinois, and by
an exhaustive review OF the nature oil direct
and indirect taxation, in the course OF which
the ChieiJustice reviewed the debates leading
to the framing OF the federal constitution. IL
conclusion the Chief Justice stated that this
opinion upon the Pollock case covered the
two her cases.
The delivery OF the opinion consumed just
one hour. Chief Justics Fuller began at H. D
and CONCLUDED at C5. He was followed by
Justice Field, who read the first dissenting
opinion, speaking in low tone that con-
,rasted noticeably with the loud delivery OF
the Chief Justice.