William Strong

“ It is, however, only so much of the tax as is levied upon dividends or sums of money due and payable to stockholders, policy-holders, or depositors, &c., which they are authorized to deduct. Thus it appears the tax is laid upon two subjects,-the one dividends or sums due and payable, and the other the undistributed surplus of gains or earnings carried to a surplus or contingent fund. These subjects, though together making up the entire net earnings, are distinct from each other; and they are thus treated throughout the section as well as throughout other sections of the act. ”

“ It must also be conceded to be a rule of the common law in England, as it is in Pennsylvania and many of the other States, that where a statute creates a right and provides a particular remedy for its enforcement, the remedy is generally exclusive of all common-law remedies. ”

“ An assessment is only determining the value of the thing taxed, and the amount of the tax required of each individual. It may be made by designated officers or by the law itself. In the present case the statute required every savings bank to pay a tax of five per cent. on all undistributed earnings made, or added during the year to their contingent funds. ”

“ The most general words that can be devised (for example, any person or persons, bodies politic or corporate) affect not him in the least, if they may tend to restrain or diminish any of his rights and interests. ”

“ People v. Rossiter, 4 Cowen, 143; United States v. Davis, 3 McLean, 483; Same v. Williams, 5 Id. 133; Commonwealth v. Johnson, 6 Pennsylvania State, 136; United States v. Greene, 4 Mason 427; Same v. Hoar, 2 Id. 311; Same v. Hewes, Crabbe, 307.↑ See pp. 155, 299, 300, 339; see also Comyn's Digest, title 'Debt,' A. 9; 1 Rolle, 383.↑ 1 Mason, 482.↑ 13 Peters, 486.↑ 14 Stat. at Large, 111.↑ Attorney-General v. _____, 2 Anstruther, 558.
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