Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-06-25
BANKS FIGHT NEW COMMISSION
(Continued from Page One.)

Of other individual property owned by
lhim-and the valuation already fixed
by the board Of equalization Of the
county, Is in proportion to its value,
and the proposed increased assess
ment Of the said shares is inequitable,
unjust and illegal and places an illegal
and unjust burden of taxation on the
said shares and is not in proportion to
the assessment upon other property
] in said county and state, in like situ-
alton and condition.
| Denies Jurisdiction.
This bank respectfully submits fur
ther that this honorable commission
is without Jurisdiction or power to as
sess property, either real or personal,
for taxation or to alter, change, in
crease or otherwise in any way modify
assessments made pursuant to law
under the authority Of the provisions
Of the statutes contained in the code
of laws, 1912, and amendments there
to in this behalf, because:
(a) The act approved February 20,
1915, entitled, IAN act to create a tax
commission and to define its duties
and powers in so far as it undertakes
to confer such power and authority on
| the tax commission Is unconstitutional,
null and void in that 1t violates section
II, article 3, Of the constitution which
provides: AN act or resolution hav-
ing the force Of law shall relate to but
one subject and that shall be ex-
pressed in the title," and the power
given said commission to assess prop
erty for taxation, to alter, change, in
crease or otherwise In any way modi-
fy assessments made In pursuance of
existing laws is not germane to the
title nor expressed in the title.
(b) The said act creating the said
commission undertakes to and does
modify and change the entire tax sys-
tenn Of the state Of South Carolina
as heretofore fixed by the laws Of the
state and the purpose to change the
said tax system is not expressed in
the title Of the said act, and is not
germane 10 the title Of the same.
(c) That in and by subdivision Is
of section s, of the said act Of the COM
mission Is given the power to annual
ly make such levy upon the assessed
valuation Of property subject to taxa
| ton as is necessary to raise the an
nual appropriation made by the gen.
eral assembly, which provision is in
violation of and in conflict with the
provisions of the constitution of 1895,
section 8, article 10, which provides
| that mo tax shall be levied except in
pursuance Of a law which shall dis
tinctly state the object Of the same to
which object the tax shall be applied"
and also in violation Of section 2, ar
ticle 10, which provides: "The general
assembly shall provide for an annual
tax sufficient to defray the estimated
expenses Of the state for each year"
etc.
(d) That the said act in and by
section 2, provides: That all acts and
parts Of acts inconsistent herewith are
hereby repealed and provisions Of the
said act in reference to the assess
ment Of real and personal property,
the valuation, equalization and reas-
sessment Of the same, are in direct
conflict and inconsistent with the pro-
visions of the entire body Of the code
Of laws, 1912, and amendments
thereto, on the same subjects and
more particularly with section 344,
345, 423, APT, 42S, Of volume l, code
1912, and wholly. repeals the same and
no such purpose is expressed in the
title Of the said act, nor Is it germane
to the same.
(e) That said act violates the pro-
visions Of section Of article 10 of
the constitution of 1895, providing for
the assessment Of shares Of stock in
banks and banking associations.
(f) The said act abolishes the state
board Of equalization and the state
board of assessors in violation Of sec
ton II of article of the constitution
of 1895, in that such purpose Is not
expressed in the title Of the said act
and is not germane to the same.
Unconstitutional.
6. This bank further respectfully
submits that this honorable commits
sion is without Jurisdiction or power
to assess this bank on the shares Of
| cho 70 in
or change it's assessment which has
already been made pursuant to the
provisions Of law, because:
(a) The act of the general assem-
bly, Of the state Of South Carolina, ap-
proved February 20, 1915. is unconsti-
tutional null and void in that sub
division 16 Of section s, undertakes
to confer on this commission the
right to assess and equalize taxable
value Of property and franchises of
banks and banking corporations which
is in contravention Of section 5, ar
ticle 10, of the constitution Of 1895.
(b) The said subdivision 16 Of sec
tion s, Of the said act embraces ma
tional bankers as well as state banks,
and thereby contravenes the act of
congress in reference to the taxation
Of national banks.
(c) The attempt of the South Caro-
lima tax commission to fix the assess
ment Of this bank for the year 1915
for taxation and the attempt to in
crease it's assessment fixed by the
county auditor and the county board
of equalization of the county of it's
location is illegal and void, and in con-
travention Of the act Of congress in
reference to the taxation Of national
banks and with the constitution of
the state Of South Carolina, section 5,
article 10, in reference to both state
and national banks.
(d) The act Of the general assembly
of the state Of South Carolina Of Feb
ruary 20, 1915, undertakes to confer
on this commission the power to
assess and equalize taxable value upon
the property and franchises Of certain
IL