David Josiah Brewer

Name: Adams Exp. Company v. Ohio State Auditor — Opinion of the Court
Author: David Josiah Brewer

Adams Exp. Company v. Ohio State Auditor…

Summary

“Adams Exp. Company v. Ohio State Auditor — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as property, taxation and franchises.

Quotes from Adams Exp. Company v. Ohio State Auditor… (David Josiah Brewer)

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ To the owners thereof, for the purposes of income and sale, the corporate property is worth hundreds of thousands of dollars. Does substance of right require that it shall pay taxes only upon the thousands of dollars of tangible property which it possesses? Accumulated wealth will laugh at the crudity of taxing laws which reach only the one, and ignore the other; while they who own tangible property, nor organized into a single producing plant, will feel the injustice of a system which so misplaces the burden of taxation. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ It is something of value, something on which he will receive cash, and which he can sell in the markets of the community for cash. It is as certainly property, and property of value, as if it were a building or a steamboat, and is an justly subject to taxation. It matters not in what this intangible property consists,-whether privileges, corporate franchises, contracts, or obligations. It is enough that it is property which, though intangible, exists, which has value, produces income, and passes current in the markets of the world. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ To ignore this intangible property, or to hold that it is not subject to taxation at its accepted value, is to eliminate from the reach of the taxing power a large portion of the wealth of the country. Now, whenever separate articles of tangible property are joined together, not simply by a unity of ownership, but in a unity of use, there is not infrequently developed a property, intangible though it may be, which in value exceeds the aggregate of the value of the separate pieces of tangible property. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ But, if the state comprehends all property in its scheme of taxation, then the good will of an organized and established industry must be recognized as a thing of value. The capital stock of a corporation and the shares in a joint-stock company represent not only the tangible property, but also the intangible, including therein all corporate franchises and all contracts, privileges, and good will of the concern. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ A distinction must be noticed between the construction of a state law and the power of a state. If a statute, properly construed, contemplates only the taxation of horses and wagons, then those belonging to an express company can be taxed at no higher value than those belonging to a farmer. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ In the city of New York are located the headquarters of a corporation whose corporate property is confessedly of the value of $16,000,000,-a value which can be realized by its stockholders at any moment they see fit. It tangible property and its business are scattered through many states, all whose powers are invoked to protect its property from trespass, and secure it in the peaceful transaction of its widely dispersed business. ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ Courts deal with things as they are, and do not determine rights upon mere possibilities. If half of the property of the Adams Express Company, which by its own showing is worth $16,000,000 and over, is invested in United States bonds, and therefore exempt from taxation, or invested in any way outside the business of the company, and so as to be subject to purely local taxation, let that fact be disclosed ”

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Source: Wikisource

David Josiah Brewer, Adams Exp. Company v. Ohio State Auditor…

“ Again and again has this court affirmed the proposition that no state can interfere with interstate commerce through the imposition of a tax, by whatever name called, which is in effect a tax for the privilege of transacting such commerce; and it has as often affirmed that such restriction upon the power of a state to interfere with interstate commerce does not in the least degree abridge the right of a state to tax at their full value all the instrumentalities used for such commerce. ”

David Josiah Brewer

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Quotes from Adams Exp. Company v. Ohio State Auditor… (David Josiah Brewer)

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