The Hawaiian gazette., 1901-07-12

q Moved, That it is the sense of q
@ this meeting that the constitu- 2
@ tionality of the Income Tax law q
@ be tested" y
@ Motion made by C. W. Macfar- e,
@ lane seconded by p. Muhlendorf, Q
@ at the regular monthly meeting 9
o of the Chamber of Commerce q
o yesterday morning, which was q
q passed unanimously. o
@0000000o000000oo0
The Chamber of Commerce will join
issues with the Merchants Association
of this city in testing the constitution
atty of the Income Tax law passed by
the First Territorial Legislature.s The
expense of obtaining an opinion upon
the subject from three of the represent
alive legal firms of Honolulu will be
borne Jointly by the two organizations.
II the opinions suggest the unconstitu-
tionality of the act. test in the Cir
cult Court will at once be made and
carried to the Supreme Court.
Energetic action was the watchWord
at yesterdays meeting of the Chamber
OF Commerce. That the subject was
one which has made a deep impression
upon the merchants was evidenced by
the large representation. The meeting
was presided over by w. F. Allen, with
James G. Spencer as secretary. The
members present were +. j. Lowrey,
E. Faxon Bishop, ]. F. Hamburg, G. NJ
Cooke, f. M. Swanzy, G. Bolte f. A.
schaefer, Henry Waterhouse, Bruce
Cartwright, A. j. Campbell, Paul Muh-
lendorf, c. N. Wight, M Phillips, Geo.
r. Carter, j. B. Anterior, ]. NJ. Nc
Chesney, Clarence W. Macfarlane, j.
G. Rothwell, A. V. Gear.
The discussion upon the Income Tax
law was spirited and the consensus of
opinion was that the members are
against the law because it imposes a
tax upon their property already taxed
by other methods. Henry Waterhouse
was for immediate action. He was Of
the opinion that IL there was any doubt
as to the constitutionality OF the law,
then the Chamber of Commerce should
take immediate action in the courts to
test 1t and decide the matter once and
for all. Other members spoke in SIM
far strain and the climax was capped
when C. w. Macfarlane introduced his
motion to have the Chamber of Com
merce as a body bring the matter be-
fore the courts at the earliest possible
date
]. B. Atherton was the first to speak
upon the question. He said the matter
was under discussion by one or two
other organizations. An opinion would
undoubtedly be given by several legal
firms upon Its constitutionality at an
early date.
Henry Warehouse: st don't propose
60 have my property doubly taxed. If
the issue Is to come let us meet 1t right
now instead OF waiting for future de-
yelopments. If It Is unconstitutional,
let us have the law stricken out" Some
thing was said as to the case being an
issue between the Income Tax law and
an extra session.
George r. Carter: "As to an extra
session Of the Legislature, which has
been spoken of lately, that is being fos-
tered by the legislators Everything is
being done to cause a call for an extra
session, as they believe Il will he nee
essary In order that the Government
pay its expenses. ! don't believe that
the ma iority have taken ina crnsii-
alton the kndi act which authorizes
warrants to be issued. The revenues
have not been increased except by the
income tax The shortage In the Gov.
eminent finances can be met by the Is
suance OF warrants, That method Ia
used IN every town, city county and
state I'm the Union to tide over the
time from the receipt of taxes until
they come In again I would rather
haVr seen the Government borrow the
money 10 meet the current expenses.
will be brought up again, anyhow,
whether we test the income tax or not"
Mr. Carter inquired whether an opln-
Ion as 20 The cOnstitutionality Of the
act was being obtained, President Al
len stated that the Merchants Assoc
citation was already looking after that.
Mr.. Carter suggested that the cham
Der ~ Commerce Join issues with the
Merchants Association IN the matter,
Dir Rothwell suggested that commit
tee be appointed % confer With the
Merchants Committee. with power a
act iie thought that n the Issue was
~ connie u ought o. be met right away.
he ihpuHht that ~ tie greater EVIL II
should b. decided whether u Was the
income taK or the ektTa session Nj.
h1ihwrllH HuffsHiinn HHH put into
fhe form ~ Il motion and afeauded hy
Nr nuhlendnff 10 added that the
Chamber - Commerce aaa also too IN
portant haaY 10 play second ndale and
should assist ~ such a mamentnua mat
az as that under discussion
A. aHrhesneY 40 nai ihink n sefth
atlls 81 JON lFsues Nlfh aay other o.
HHHiHHIlHn
AZ hHihhells motion haaHsHf haH
paaaad unaaiWaaaif ana iila famHiiF
- aamfa - fallaef fGsHlAsai Allse.