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
A definition of a franchise has been given by the Supreme Court in
terms of sufficient general accuracy to be adopted: "A franchise is a
right, privilege, or power of public concern which ought not to be
exercised by private individuals at their mere will and pleasure, but
which should be reserved for public control and administration, either
by the Government directly or by public agents acting under such
conditions and regulations as the Government may impose in the public
interest and for the public security."[14] A necessary condition,
then, is a public interest in the occupation or privileges to be
followed. The good will of a person or individual trader is not a
franchise in this sense, though a franchise may be enjoyed by an
individual as well as by a corporation, and good will may rest upon
the privilege implied in the franchise.
[Footnote 14: California vs. Southern Pacific Railroad, 127 U.
S., 40.]
The recognition of franchises, a species of property "as invisible and
intangible as the soul in a man's body," as a proper object for
taxation is now beyond any dispute. It is peculiarly appropriate as a
source of revenue for the exclusive use of the State, inasmuch as the
grant of franchises emanates from the State in its sovereign capacity.
In the case of Morgan _vs._ the State of Louisiana, Justice Field, of
the Supreme Court of the United States, said: "The franchises of a
railroad corporation are rights or privileges which are essential to
the operation of the corporation and without which its roads and works
would be of little value, such as the franchise to run cars, to take
tolls, to appropriate earth and gravel for the bed of its road, or
water for its engines, and the like. They are positive rights or
privileges, without the possession of which the road or company could
not be successfully worked. Immunity from taxation is not one of
them."[15] Further, the extent to which this taxation of franchises
may be carried rests entirely in the discretion of the taxing power,
subject only to constitutional restrictions.
[Footnote 15: 93 U. S. Reports, pp. 217, 224.]
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