Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
provisions, but rather an increasing number of States adopting them,
from which it may be inferred that they work satisfactorily. Nearly
all the States purport to tax the capital value of both real and
personal property, not, as in England, rents or incomes; and they tax
"tangibles" and also "intangibles." That is to say, they undertake to
tax stocks or bonds or mortgage debts; the evidence of property, as
well as the property itself; and the debt as well as the property
securing It. Some States, such as Pennsylvania, impose a smaller, more
nominal, tax upon stocks and bonds in the hands of the owner, for
the sake of getting a larger return, but in many States, such as
Massachusetts, this legislation would be unconstitutional, as not
proportional taxation.
There is a mass of legislation every year directed to the
assessing and collecting of taxes, tending more and more to become
inquisitorial, requiring the tax payer under oath to furnish full
schedules of his property, with provision for an arbitrary assessment
if he fails to do so. One effect of this has been to drive very
wealthy men from Ohio or other Western States to a legal residence in
the East, where the laws are more lenient, or their enforcement more
lax. The problem is a most important one and I see no signs yet of any
solution in the increasing mass of legislation one finds upon this
subject every year. It is to be noted--what our socialist friends have
never seemed to observe--that just in so far as a man's earnings or
income are taken from him in the form of taxation, you are already in
a state of socialism. That is to say, to that extent is his income
taken from him and administered by the state. This is an observation
most unwelcome to the opponents of capitalism, so-called, who resent
the conclusion that if the State and Federal governments are already
taking forty per cent. of his income from him, a state of perfect
socialism could do no more than take the other sixty per cent. This
whole problem of taxation, indeed, is evaded at present only by the
miserable solution of fraud; hardly any one, except the non-propertied
classes, paying what the law purports to take from them; and the
non-propertied classes only pay it because their taxation, being
indirect, is paid for them by others.
Public-domain text, read in full here on John Shaqi.
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