Appletons' Popular Science Monthly, October 1899: Vol. LV, May to October, 1899Various
Philosophy
Appletons' Popular Science Monthly, October 1899: Vol. LV, May to October, 1899
Various
Science -- Periodicals; Technology -- Periodicals
Another large proportion of the personal property owned by the
citizens of the State is of the most intangible character, and in
great part invisible and incorporeal, such, for instance, as
negotiable instruments in the form of bills of exchange, State,
municipal, and corporate bonds, and, if actually situated in other
States, exempt from taxation where they are held; acknowledgments of
individual indebtedness, and a number of similar matters. All property
of this character is, through a great variety of circumstances,
constantly fluctuating in value; is offset by indebtedness which may
never be the same one hour with another; is easy to transfer, and by
simple delivery is, in fact, transferred continually from one locality
to another, and from the protection and laws of one State to the
sovereignty and jurisdiction of some other. It is not to be wondered,
therefore, that all attempts to value and assess this description of
property have proved exceedingly unsatisfactory, and that nearly every
civilized community, with the exception of the States of the Federal
Union, have long ago abandoned the project as something wholly
inexpedient and impracticable.
The differences among the States in the interpretation of residence,
of the _situs_ of the property taxed, are also an objection to this
system and an obstacle to its application. The want of uniformity can
not be abolished by enactments of law, because absolute uniformity of
laws would not insure as uniform interpretation of their provisions.
The rules for assessment are uniform for the officers of a State, but
the returns made involve such differences in the application of the
rules that one is forced to the conclusion that a misunderstanding of
the spirit of the law exists, coloring differently the view of each
returning officer. Discrimination against the county or municipality
and discrimination against the individual are to be met at every turn.
No wording of the law can eliminate this personal judgment of each
assessing authority, and the supervision of the returns by State
boards of equalization has introduced an even greater departure from
justice, as a majority, based upon selfish interests, may be had, and
its decision may readily be defended as based upon good and sufficient
reasons. An appeal to the last resort, the higher courts, may produce
redress against unjust assessments, but each case must be decided upon
its merits, and only under very exceptional circumstances--as in the
recent case at Tarrytown, New York, where striking and general, even
personal, spite had been shown in the tax levy--can a number of
taxpayers find it their interest to combine and carry the question
into the courts for adjudication.
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