David Josiah Brewer

“ Some plausible reason should be suggested before the intention is imputed to congress of granting to an independent jurisdiction, such as a state, the power to tax one of its own instrumentalities, and at the same time withhold a like power from a political organization like that of a territory, wholly dependent upon congress, and subject to its absolute supervision and control. ”

“ That the First National Bank of Butte is now and was during all of the year 1885 and before that time a corporation duly created under and by virtue of the laws of the United States relating to national banks, and located and carrying on a general banking business in Butte City, in said county of Silver Bow and territory of Montana, and that the capital stock of said bank is one hundred thousand dollars, divided into one thousand shares, of one hundred dollars each. ”

“ Under the general territorial system, as expressed in the various organic acts, the power of taxation is absolute, save as restricted by the constitution or congressional enactments. The intention of congress in the national banking system is, as we havenot iced, in favor of local taxation, including therein territorial taxation of national banks upon the same basis as is imposed by the locality on other purely moneyed corporations and capital. ”

“ It leaves in doubt what is meant by 'states of the Union.' Ordinarily these terms would be held to apply to those political communities exercising various attributes of sovereignty which compose the United States, as distinguished from the organized municipalities know as 'territories' and the District of Columbia. And yet separate communities, with an independent local government, are often described as 'states,' though the extent of their political sovereignty be limited by relations to a more general government or to other countries. ”

“ A bank is an institution organized for private business, and with a view to individual profit, although it may serve a public purpose, and such public purpose justify its creation; and no such private corporation has any implied exemption from local taxation by a municipal or political organization in which it is situated. ”

“ The Montana statute, div. 5, c. 53, § 1003, supposed to conflict with the federal statute, is as follows: 'Sec. 1003. All other property, real or personal, within the territory is subject to taxation in the manner herein directed, and this is intended to embrace improvements on lands and lots in towns, including land bought from the United States and this territory, whether bought on credit or otherwise, being franchises which, for the purpose of this chapter, are to be considered real property ”