Joseph McKenna

“ The imposition of a tax is certainly a function of government and creates an obligation, and the power that creates the obligation can assign the measure of its delinquency-the detriment of delay in payment, and section 14a has done so in this case, and explicitly done so. Five per centum penalty is the cost of delinquency, and interest upon the amount due at 1 per cent. per month-12 per cent. ”

“ Besides, the federal statute is precise, and it is made peremptory by the distinction between 'penalty' and 'interest,' and if it may be conceded that the use of the latter word would not save it from condemnation if it were in effect the former, it cannot be conceded that 1 per cent. per month-12 per cent. a year-gives it that illegal effect, certainly not against legislative declaration that is within the legislative power, there being no ambiguity to resolve. ”

“ Bouvier defines it to be 'a consideration paid for the use of money or forbearance in demanding it when due.' This court has declined to give it peremptory definition, and construing statutes considered that it could 'safely decline either to limit' the word 'debts' to 'existing dues, or to extend its meaning so as to embrace all dues of whatever origin and description.' Lane County v. ”