Birmingham state herald., 1896-06-07
NOT TAXABLE.
An Order for a Certain Number of Dollars Worth of Silver Bullion Mot
 Currency

Columbus, June 6.-The Columbus En- quirer-Sun will tomorrow publish the fol- lowing:
 On March IS, 1896, Hon. Louis F. Gar rard, an attorney of this city submitted to Hon. John G. Carlisle, secretary of the treasury, an obligation, which is set forth in the attorney generals opinion and stated in the brief furnished to the sec retary of the treasury, that the Colum- bus Savings bank, which was state bank, chartered by the state of Georgia, owned certain silver bullion and pro posed, under the advice of MT. Garrard, to issue the obliga tion set forth in the at torney generals opinion published below. MT. Garrard cited among other author ities the decision of the supreme court Of the United States in the case of Hillster vs Zion's Comparative Mercantile insti- titution class, III United States supreme court reports, page 62. and insisted that the obligation was not note within the meaning of the statute, levying 10 per cent tax on the circulation of state bank issues.
 MT. Garrard asked the secretary for an immediate answer, sta ting that it was his desire to take the matter into the courts If the ruling was adverse, requesting that Q the commissioner of internal revenue should without delay assess tax, if the secretary should require 1t.
 The authorities al Washington declined to pass upon the question on the ground that it was not a live question, that there was no case made upon which an opinion could be predicated.
 MT. Garrard caused note to be is- sued by the Columbus Savings bank and passed over the counter to the Third Ma tional bank of Columbus, Ga., for which note he paid the sum of $10, thereby making an actual case, and this case was. again submitted to the secretary of the treasury on April 1 with the state ment that the note had been circulated by both banks. This obligation was re- ferred to the attorney general of the United States and the following decis- ion was rendered by the solicitor general and approved by the attorney general. and was received by MT. Garrard on yes- terday,: ,ooe
 "Office of the Secretary of Treasury.
 "Sir: I have the honor to acknowledge the receipt of your letter of April 10 re- questing my opinion as to whether the following order is this such a note, on the circulation of which, in lieu of the money or currency of the United States, 8 tax of 1 percentum is imposed by sec tions 19 and 20 of the act of February s. 1875 QS statutes S1D.' The order is as follows;
 "sOffice of Columbus Savings bank, Columbus, Ga., 1st day of April, 1896.
 "sPay to Louis F. Garrard or bearer ten dollars ($10.00) in merchandise silver bullion at retail.
 "'H B. CROWELL,
 " Assistant Treasurer.
 ""To G. Gunby Jordan, President"
 'In Holliter vs. Mercantile institution, III United States. 65. Chief Justice Waite, speaking for t1s sala tbs subject and the apparently studied use by congress of words of appropriate sig hif3ation, whenever It was intended to cover anything else than promissory notes in the commercial sense of that term, we are led to the conclusion that only such notes as are in law negotiable, so as to carry title in their circulation from hand to hand, are subjects of taxa tion under the statute.'
 "If the instrument be expressed to be