New Jersey Law Reports Volume 48

New Jersey Law Reports Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... a nullity as to state taxes. Having seen that if the act of 1884 be unconstitutional and ' void there is no lawful method of assessment upon these com panies in reference to the subjects of taxation mentioned in such act, the vital question now arises whether the act of 1884 is constitutional. Upon the answer to this question depends the decision of this cause. I agree with the Supreme Court in that part of the opinion which holds the act of 1884 not invalid because itdirects that the valuation and assessment shall be made by a board of assessors specially appointed for the purpose. It matters not what the machinery set in motion by the legislature to execute a tax law may be, so long as the principle lying at the root of the act is not antagonistic to the constitution. Nor would it affect the case if such machinery be found defective or if the board should make mistakes. The act gives the Supreme Court ample power to correct mistakes in the application of the act. Nor is the act of 1884 invalid because in the ascertainment of the value of the property of the companies the franchise is to be taken into account as one element of value. The opinion of the Supreme Court rightly holds " that this subject is not debatable at the present day, and the doctrine has become already accredited bv many decisions as well of the federal as of the state courts." One ao--called vice of the act of 1884 is stated in the opinion of the Supreme Court in the form of an interrogatory. It is asked " whether by the law and constitution of the state it is competent for the legislature, at will, to select the property of two classes of corporations and impose a tax upon such property, at the same time exempting all other property from the...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236886658
  • 9781236886651