Samuel Freeman Miller

Name: Cummings v. National Bank — Opinion of the Court
Author: Samuel Freeman Miller

Cummings v. National Bank — Opinion of the Court

Summary

“Cummings v. National Bank — Opinion of the Court”, is a work by Samuel Freeman Miller. It explores elements such as valuation, taxation and equalization.

Quotes from Cummings v. National Bank — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ In construing this provision of the Constitution the Supreme Court of Ohio has said that 'taxing by a uniform rule requires uniformity not only in the rate of taxation, but also uniformity in the mode of the assessment upon the taxable valuation. Uniformity in taxing implies equality in the burden of taxation, and this equality of burden cannot exist without uniformity in the mode of the assessment, as well as in the rate of taxation. But this is not all. The uniformity must be coextensive with the territory to which it applies. If a State tax, it must be uniform over all the State ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ If we look for the reason for this common consent to substitute a custom for the positive rule of the statute, it will probably be found in the difficulty of subjecting personal property, and especially invested capital, to the inspection of the assessor and the grasp of the collector. The effort of the land-owner, whose property lies open to view, which can be subjected to the lien of a tax not to be escaped by removal, or hiding, to produce something like actual equality of burden by an undervaluation of his land, has led to this result. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ We thus see that one board of equalization has charge of the valuation of the real estate of the whole State once in every ten years, another has charge of the valuation of railroad property every year, and a third has charge of the valuation of shares of incorporated banks every year, and the amount fixed by these State boards is in every instance the final basis of taxing that species of property for State and county purposes. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ In paying the money it is acting in a fiduciary capacity as the agent of the stockholders,-an agency created by the statute of the State. If it pays an unlawful tax assessed against its stockholders, they may resist the right of the bank to collect it from them. The bank as a corporation is not liable for the tax, and occupies the position of stakeholder, on whom the cost and trouble of the litigation should not fall. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ The standard of comparison in the act of Congress is, 'other moneyed capital in the hands of individual citizens of the State.' We do not think we are called on to decide whether a tax which is assailed on the ground of violating that statute is void for that reason until the case, by positive averment, or by necessary implication of such averment, is shown to be within the prohibitory clause. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ And while it may be true that there has not been in other States such concerted action over a large district of country by the primary assessors in fixing the precise rates of departure from actual value, as is shown in this case, it is believed that the valuation of real estate for purposes of taxation rarely exceeds half of its current salable value. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ If it refuses, it must either withhold dividends, and subject itself to litigation by doing so, or refuse to obey the laws, and subject itself to suit by the State. It holds a trust relation which authorizes a court of equity to see that it is protected in the exercise of the duties appertaining to it. To prevent multiplicity of suits, equity may interfere.
But the statute of the State expressly declares that suits may be brought to enjoin the illegal levy of taxes and assessments or the collection of them. Sect. 5848 of the Revised Statutes of Ohio, 1880; vol. liii. Laws Ohio, 178, sects. ”

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Source: Wikisource

Samuel Freeman Miller, Cummings v. National Bank — Opinion of the Court

“ It is next suggested that since there is a plain, adequate, and complete remedy by paying the money under protest and suing at law to recover it back, there can be no equitable jurisdiction of the case. ”

Samuel Freeman Miller

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