The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-04

was required 10 contribute In some way or
form his pro rata share to the support of the
government and the prosecution of the war,
the railroad and express companies had been
let off. The language of the law shows that
Congress had no such intention. 1t imposes
tax on each and every one of these cor
porations in terms that cannot be evaded or
misconstrued. 1t requires every railroad,
common carrier or express company to issue
to each shipper bill of lading or receipt,
which shall be stamped and the stamp can
celed at the time of issuing; land any fall
ure to issue such bill OF lading. receipt, etc..
shall subject the railroad or express COM
pany to penalty of $50 for each offense. !"
ANnis does not impose any duty or penalty
en- sce shipper; both are imposed on the
company. No shipper Is obliged to accept a
bill of lading from a railroad company or
receipt from an express company unless the
stamp is previously affixed and Cancelled by
the company, and failure to do so subjects
the company to the $50 penalty. Each bill
of lading or receipt issued by a railroad
or express company without a stamp being
affixed and Cancelled constitutes separate
far as railroad and express companies are
concerned there is no doubt as to the law.
The section in regard to telegraph mes
sages is as follows:
That on and after the LIST day of jury, 1898,
no telegraph company or its agent or en-
pioye shall transmit to any person any dis
patch or message without an adhesive
stamp, denoting the tax imposed by this
act, being affixed to a copy thereof or hav-
fhQr0unOn.
Iault thereof shall incur penalty of $40,
provided that only one stamp shall be re-
quired in each dispatch or message, whether
sent through one or more companies; pro
vided that the messages or dispatches of the
officers and employees of any telegraph or
telephone company concerning the affairs
and service of the company and like mes
sages or dispatches of the officials and en-
ployes of railroad companies sent over the
wires on their respective railroads shall be
exempt from this requirement: provided
further, that messages of officers and en-
ployes of the government on Official business .
posed upon Geographic and telephone mes
sages.
Unlike the section regarding railroad and
express companies, this leaves it in some
doubt whether the stamp on telegraph mes
sages is to be affixed by the company or by
the sender. Under the general rule that the
signer or issuer of document must affix
and cancel the stamp, this duty would fall
on the sender of telegraph message. while
the fact that the penalty for violation of
the law is imposed on the company might
indicate that the latter must affix the stamp.
Probably, however, a fair construction of
the law requires the sender of message
to stamp it.
In regard to bank transactions, the maker
or issuer of the paper must stamp 1.-THE
drawer in the case of a check and the bank
in the case of a draft or certificate of de-
post issued by it. The banks in some cities
have issued circulars of ''informa ton" to
the public in which they include drafts
among the papers which must be stamped
by the individual. This is wrong. A bank
must stamp and cancel its own drafts.
In the last resort all taxes on corporations
are likely to fall on the public through some
indirect process, but in the present case cor
porations should be careful how they invite
criticism by seeking to evade a war tax
which it is the patriotic duty of all alike to
assist in carrying. If they persist in the
attitude they have assumed Congress should
not adjourn until 1t has amended the war
revenue law in such manner as will put be-
yond question the payment of all taxes as
sessed against corporations.