9 Pa. 359 | Pa. | 1848
It is a matter of very little importance whether a corporation identical with the plaintiff in error was formerly subject to taxation by the statute of 1844, or not. The question is, whether it was subject to taxation or not in the year 1847. No argument can be drawn by analogy from statutes previously enacted, to the operative one in this ease, passed the 22d April, 1846. Because the subjects and objects of taxation have been constantly extending and augmenting since the enormous increase of the public debt. And the plighted faith of the commonwealth requires that the last statute should be fairly and honestly enforced in all its length and breadth, in order to meet even the interest on that debt. And the annual message of the governor, delivered within a few days, last past, intimates strongly, that in order to enable the government to meet that interest, the public taxes must be extended and enlarged. What the legislature therefore intended to embrace in the statute of 1831, or of 1844, gives no authoritative or just rulo for interpreting their intent in the act of 1846. Yet it would seem that even in the act of 1844, it was the intent
The 1st section enacts, among other things, that all property, real or personal, not taxed by existing laws, held, owned, used, or invested by any person, company, or corporation, in trust for the benefit, use, or advantage of other persons, excepting always such property as shall be held in trust for religious purposes, shall be subject to a tax of three mills on the dollar for state pui’poses. These mortgages and stocks are held and invested in trust by the saving fund for the benefit of other persons, and the exception proves the rule: they are not held and invested for religious purposes.
The 2d section, by a fair construction, in connexion with the 19th, and the whole purview, makes the same subjects of taxation enumerated in the 1st section, liable to taxation for county purposes, as in the act of 1844. And the 3d section, having no doubt special regard to the decision in 8 Watts, before mentioned, provides that every person, eveiy fii’m and partnership, and every president, secretary, cashier, or treasurer of every company or corporate body subject to taxation, shall deliver to the assessor of each township, &c., a written or printed statement, showing the aggregate amount of bonds, mortgages, &c., enumerating eveiy species of debts by contracts, agreements, decrees of coui’t, stocks payable in presentí or in futuro, and whether bearing interest or not, and excepting certain things which are not embraced in this case.
There is a laborious intent on the part of the legislature to include every species of interest or personal property of this kind.
If the one million and a half of personal estate employed in this institution in making profit, could be withdrawn from taxation, I know not how much might follow in existing institutions of the same kind, nor how great the temptation which might thereby be held out to multiply them.
Judgment affirmed.