30
The Green Bag
and is unconstitutional because the federal government has no power to tax franchises granted by the states.
"The language of the act, as well as the declarations of its sponsors, clearly indicate that it is intended not asa direct tax on prop erty but as an excisetaxon privilege." It is "a tax upon the privilege of doing business in a corporate capacity. . . . It is familiar law, re-iterated over and over again by the Supreme Court, that Congress cannot tax the
means or instrumentalities employed by the states in exercising their powers and func tions. . . . The right to grant corporate charters for ordinary business purposes is an attribute of sovereignty belonging to the states, not to the general government." “The New Federal Corporation Tax." By Clare E. More. National Corporation Re
“It must be clear that the predatory and other kinds of wealth do not receive very
much consideration at Mr. Lloyd George's hands. Clearl, his idea is to tax wealth rather than in igence." See Interstate Commerce. T" Universities. "In Heidelberg." By George A. Katzenberger. Phi Delta Phi Brief, v. 9, p. 113 (Nov.).
"It is not my opinion that the courses offered are of much practical value to an American law student unless he has had a thorough education in a universit, stays abroad long enough to master the nguage and complete the course, covering four years, and intends to prepare himself as a lecturer on those subjects; and even then, under the present conditions, the wisdom of his choice
is questionable."
porter, v. 39, p. 399 (Nov. 11). “The Law of the Universities; IX, Miscel
“The act does not provide for a uniform tax upon each class of subjects, but does pro vide for a tax upon one class of subjects. It is not a tax upon the occupation, because it excludes those corporations which do not have an income of $5,000 or more.
This also adds
to the fact that it is a direct tax upon the property of the corporation, for the reason that it exempts from taxation a certain amount of that property. "While we are not yet prepared to say that the law is unconstitutional, still our inclina
tion is that there is sufficient doubt as to the constitutionality of the law that every step taken by members of this association towards compliance with the law should be taken under protest.” “Inheritance, Income and Corporation Taxes-United States." By Robert Argyll Campbell. American Political Science Re view, v. 3, p. 577 (Nov.).
“The situation is not altogether deplor able. The inheritance tax in the form intro duced should have been voted down. The inheritance tax belon s to the states and has no place in the financial s stem of the nation. The income tax bill, whi e the best that has been introduced in America, is still defective,
and more study and thought must be given to its administration. If the constitutional amendment passes the way will be clear to introduce an income tax modeled after those of foreign countries. In the meantime, the administration of the corporation tax will throw light on the difficulties of administer ing the income tax. It is true, the corpora tion tax will be shifted in whole or in part, degending largely on whether the business is su ject to competition or is a monopoly. It will, however, expose some of the evils of
corporate management and in the end may give way to a just and well-administered in come tax." "England's Epoch-Making Budget." By Justin McGrath. Cosmopolitan, v. 48, p. 43 (Dec.).
laneous." By James Williams, D.C.L., LL.D. 35 Law Magazine and Review 25 (Nov.). Dealing with (a) Practice and Evidence‘
(b) Differences between Oxford and Cam bridge, (c) Acts of Parliament Affecting colleges, and (d) The Undergraduate. Vice-President of the United States. See Government.
Wills and Administration. “The Post Mortem Administration of Wealth." By Daniel S. Remsen. 10 Yale Law journal 36 (Nov.).
“Whatever we may think or say concerning executors and trustees the fact remains that administration of property after death de pends primarily upon the testator. He ma direct it into any channel, givingor withhol ing such directions, powers and discretions as seem to him best. As he has the power he must accept the responsibility. If he plans his will wisely, makes sure that it will stand the strictest scrutiny afterdeath, and selects his executors and trustee carefully, requiring bonds where desirable, he may reasonably expect satisfactory results, but not otherwise. ' "Form of Will of an Alien in France." By Oliver E. Bodington. 35 Law Magazine and Review 34 (Nov.). Commendin the decision of the Court of Cassation in esling v. Viditz, holding that it is o tional for a testator to adopt the form of wil recognized by his own country.
Miscellaneous Articles of Inlercsl lo the
Legal Profession Army. "The ‘National Guard'——-A Hint from the United States." By Lieut.-Ool. Alsager Pollock.
Nineteenth Century, v. 66,
p. 910 (Nov.).
"There are but two ways of filling the ranks of an army with suitable raw material-the one by compelling good men to enlist, and the
