Governmental limits.—All society recognizes certain universal wants and the necessity of meeting these with essential order and the best economy. These universal wants enforce the organization of society under some form of government. Such an organization grows out of the necessity rather than the will of humanity. Hence government, local or more general, is the direct effort of individuals in society for the general welfare. Usually the best test of general welfare is the assent of the majority of mature and intelligent members of the community. In the history of the world, however, the importance of the object to be gained has overcome obstacles in the will of the governed as much as any other. Among children the right of the parent to govern for the welfare of the family is never questioned until character and wisdom are doubted. Among crude and disorganized bodies of people, superior wisdom and earnest purpose make leadership. Yet always, in the end, the ideal of welfare in any community implies growth of individuals into authority over themselves as one of its main objects, if not its chief one. Thus the best government for any community at any stage of its advancement is the one that best secures the welfare of all in existing circumstances.
[pg 338]It must be remembered that the chief elements of welfare are above government. All the kindly affections which make the chief bonds of society are to be cultivated by good government, but cannot be forced by any law, either positive or prohibitive. Individual character in all its proportions is individual growth, which can be fostered but not forced. All the catalogue of virtues is made up of elements of character, not one of which can be made by force. So government of every grade fosters the highest welfare of individuals by sustaining virtuous motives and restraining vicious ones, or rather by encouraging right action in its enjoyment of welfare and restraining wrong action by deprivation of welfare. Government, therefore, is best when its aims are distinctly confined to universal welfare. The distinctly personal wants can be best provided for by affording the best conditions for free exercise of individual powers. Governments can never wisely do favors for a class, since such favors weaken the power of government for promoting general welfare. What government does for any it needs to do for all. What it does for all it must secure to each in fair proportion. In any effort to extend the range of governmental action this natural limit of universal welfare for individuals must be considered.
Ends of government.—In this view of the reasons for organized government and its natural limits, certain universal wants can be clearly perceived. Most obvious is protection against external foes, personal or material. This universal need, in the presence of personal enemies, is so plain as to make the crime of treason notorious. The internal peace of society is just as evidently [pg 339] a universal necessity, and so any infringement upon the order of society, as agreed upon either by express statute or by the common law of established precedent, is punished as a crime against all. Personal violence, even in the shape of private vengeance for wrong done, is a menace to internal order, and so a crime against the whole organization. The mutual dependence of each upon all and all upon each in every-day transactions enforces the interest of the organization in personal contracts, and makes the government a partner with every right-doer against every wrong-doer in all attempts at fraud or abuse of power of every kind. This guardianship of personal freedom makes necessary the bulk of criminal law and most of the machinery of courts. The arbitration of disputes between interested parties is a natural sequence of the effort to prevent violence. Government does not and cannot right wrongs; it barely saves a remnant of good to the individual wronged, and furnishes a warning to others against future wrong.
Universal needs.—Every force, external or internal, which is likely to be injurious to the whole community, the whole community through its organization is obliged to combat. Hence the necessity for quarantine against infections diseases wherever found, and provision against destructive storms wherever possible. Protection against the ravages of insects falls into the same list, and so does every safeguard in which the whole community is interested. The same principle applies to positive provisions for welfare in economical ways of meeting universal wants. The universality of the need [pg 340] makes the water supply and the lighting of cities a proper work for the city organization. If the same machinery can provide most economically for larger personal wants without infringing upon the rights of all, simple economy invites it, and the principles of good government sustain it. The question of municipal lighting is simply one of true economy for the entire body of citizens.
For the same reason, that everybody needs it, the government is obliged to have control of the means of transit so far as ease and safety and economy to all require. Government must maintain highways suited to the needs of the community at all stages of its development. The question of city management of street car lines, beyond such control as secures safety and essential justice, is purely one of economy for all concerned; that is, for the entire community. This economy is not settled for one community by the conditions of any other. It must be decided in each community whose interests are to be served by the actual need and abilities of that community.
The same may be said in regard to all methods of providing ready communication of wants and abilities as needed for mutual welfare. The postal system is a natural government machine, because every citizen needs to be within reach of every other citizen in the same community. If government does not furnish the machinery, it must control it to the same end. The extent of the machine must be decided by the extent of the want. If the want is sufficiently universal, the organization cannot avoid providing the machinery. [pg 341] This principle applies to every form of communication devised or discovered. The question of government ownership of telegraph or telephone connections becomes one of simple economy, whenever the community finds such means of communication a matter of universal want. If economy or vested rights of individuals prevent such provision, government must still guard these universal interests by inspection and control. The exact point where government ownership becomes economical and legitimate must be decided by a careful weighing of the general interests of the whole community.
Universal education.—The necessity for universal intelligence is so evident that governments not only recognize and foster benevolent efforts of individuals for education, but rightly make the organization itself a direct force in maintaining educational institutions. Public schools are now universally recognized by most enlightened people as meeting a universal need, and therefore one of the essentials of good government. How extensive such provision should be is still an unsettled question. In fact, it can never be finally settled in any growing community, because the universal need of the community becomes more and more extended. So far as universal intelligence depends upon the higher intelligence of leaders in the community, the whole mass is interested in the training of that higher intelligence. The very nature of education, shedding its light over all in its neighborhood, makes every member of the community a sharer in the advantages of university training. Hence governments rightly and economically [pg 342] administer educational systems which involve the welfare of all. The same responsibility makes improper the use of public funds in support of private institutions without such restrictions as insure the good of all.
The propriety of governmental control of churches and religious training must rest upon the same basis of principle. Religion is of such a personal nature, so wholly a matter of conscience, that it cannot be said in any proper sense to be universal. Yet the need of religions sentiment and freedom in development of that sentiment is universal. The state does well to provide security for religious thought, practices and fostering influences in all governmental machinery. On this ground the civil law protects a Sabbath. The state church has had its apparent reason for existence, and still has in many parts of the world, from the close connection between religious training and popular education. Naturally state churches emphasize the educational side of religions institutions. The world is coming to see more clearly the dividing line between information or thought about religion and religious action in faith, its common basis, and can leave the latter for individual growth.
Government wards.—The welfare of the whole reaches finally to a guardianship over such individuals in the community as endanger, either by weakness or by wickedness, that welfare. For this reason government can maintain asylums for the weak or diseased, or even the extremely ignorant, not simply to protect these individuals, perhaps not chiefly for that purpose, but to [pg 343] protect the whole. It can rightly and wisely enforce such protection by health regulations and officers, and by truant laws and officials. Upon this principle it may rightly constrain even the friends of insane persons to give up control of the insane to the safer public provision in asylums. When any community realizes a similar need with reference to inebriates, it will assume the same constraining authority.
In dealing with the problem of personal wickedness, a community must still draw the line between universal and individual welfare. The criminal injures all; therefore all must constrain him, and effort is made to measure that constraint by the evidence of opposition to public welfare. Vices are more distinctly individual. They touch the universal welfare in those forms which propagate vice in neighborhoods. Governments universally fail to enforce laws against personal vices wherever the danger to upright character in other persons is not clearly perceived. All restrictive legislation upon vicious habits, like intemperance, gambling or other immoral practices, is naturally aimed first at the places contrived to foster such habits, and therefore to attack the innocent. The actual working of such legislation in preventing the growth of vice is the only final test of its wisdom. What it can do is what it ought to do. In general the actual public sentiment in local communities must be the main dependence for executing such laws.
Protection of the weak.—The common statement that government must protect the weak against the strong is subject to the same principle of universal welfare, and is applicable only where society has definitely recognized [pg 344] rules of good order which somebody is violating. Any attempt to supply to the weak a strength which they cannot wield is necessarily a failure. But society as a whole rightly shields children and youth, and even women of mature years, from burdens which may injure the general health or wisdom or virtue of the community. Laws prohibiting contracts which involve such burdens can be enforced so far as the community appreciates the evil of such contracts. So, to a certain extent, weakness from ignorance may be protected by any method that tends to remove the cause of weakness. All such action of government must be carefully guarded against becoming such a protection as will render the weak weaker.
Public responsibility.—The organization of community is best for the mass of the people when all desires are allowed to give their proper impulse to action, and when every enterprise is encouraged by freedom until it is seen to infringe upon the general welfare. Any system of government which checks natural impulses and hinders individual enterprise, without clear evidence that all must suffer from such freedom, is harmful. The genuine application of the phrase "laissez faire" is in giving honest efforts free course, because these efforts secure the largest good. It really means, leave humanity free until injury is attempted. In general, government has to deal with all necessities which are identical throughout the community. Provision for those necessities and those only it is bound to make.
All questions of nationalization of industries or of [pg 345] community consumption must be brought to the test of universal need. What the whole community wants the whole community has a right to provide in the way which brings most good with least expenditure of exertion in any form. No other question can outweigh in importance this one of public need or public welfare. Every producer and every consumer is interested in seeing that such welfare is not overlooked by the public, or infringed upon by any individual or combination of individuals in his community. This must be done by emphasizing personal responsibility, even in public enterprises. For the statement is beyond dispute, that the attempt to substitute corporate responsibility for personal responsibility ends in no responsibility at all. Above all things it is necessary to remember that all the progress yet made from the starvation and degradation of barbarism has been by organized interest of the whole community in protecting first individual life, second individual liberty, and third individual property, as the foundation of universal welfare. Yet society holds all these rights of individuals subject to the same higher law of welfare by restricting the purpose of individuals when possible, and action always, if it opposes the total welfare.
Resources of government.—All expenditures of government are as subject to economic laws with reference to consumption of wealth as are those of individuals. Actual result in welfare is the only reason for such expenditure. Hence the same tests of economy are applied. Government makes but few expenditures for the immediate purpose of reproducing and increasing wealth. So far as its investments sustain productive industry, and the products of that industry enter into the world's market, they are subject to the same economic laws of supply and demand that govern all production of wealth. If in any case they are not, it is because of government monopoly cornering the market, or because of unnatural conditions of government production undermining the market. In general, government is simply expending for the common welfare a part of the wealth produced by individual effort.
Its resources are in small part derived from fees for special services rendered to individuals of the community. Such are fees for registration of deeds and mortgages, and of the same nature, though for convenience of collection paid in a different way, is the revenue from sale of postage stamps and stamped envelopes. Revenue [pg 347] may come from pay for certain special privileges or franchises established by license or patent. These are supposed to be not so much in payment for special service as for sharing in responsibility and cost of protection. Another source of revenue is in the shape of money penalty, or fine, for minor trespasses upon good order. Such revenues are accidental, and diminish as the government becomes more perfect. Under peculiar circumstances of opposition by citizens or bodies of citizens to the general order, government confiscates property used in such opposition. A good illustration of this is connected with smuggling, where the introducer of foreign goods opposes government in its revenue laws by fraud or violence, and suffers the confiscation of goods so introduced.
None of the foregoing sources of revenue, unless it be the license, and this is sometimes a mere method of taxation, can serve to any great extent the purposes of government. All government expenditures for general welfare must finally be met by some system of distributing the burden over all the people. This method of distribution is called taxation. The principal revenue is raised by taxation of possessors and producers of wealth, in anticipation of current public needs.
If for any reason government expenditures exceed its revenues, the government, like any individual, becomes a borrower. It may borrow by contract to pay at some future time for construction of buildings or machinery, or by issue of scrip in the shape of promises to pay at some definite or indefinite time in the future, or more distinctly still by sale of bonds, which are [pg 348] definite certificates of indebtedness, negotiated like the notes of individuals in great banking centers. Yet all of these are only methods of postponing the taxation which must support the government in its necessary machinery. Government can live upon credit in the same way, and only in the same way, that individuals can. The economic reasons for such credit must be the same as in individual experience.
Principles of taxation.—Since taxation in general is simply a way of distributing expenses to those for whose benefit expenditure has been made, the first question is one of fairness in distribution. The benefits from government expenditure ought to be universal, but are not necessarily equal. Like all the good things of nature, the benefits of the government are not appreciated by all alike. No one would probably suggest the possibility of distributing the expenditure exactly in accord with advantage received. Wherever the service is distinctly personal, as in the regular mail service, an attempt is made to charge each person the average cost of the service. Even the large miscellaneous mail distribution at less than cost may be fairly borne by those who use the mail for personal advantage, since this is likely to be in proportion to the intelligent activity shown in correspondence. Some few taxes upon special commodities of questionable advantage to the multitude, like liquors and tobacco, are supposed to be paid by those who gain the only advantage received by anybody in protecting their use.
Some more general principle, however, must be found for adjusting the burden of general expenses so [pg 349] that each individual will bear his share. If the burden belongs to all, it should rest fairly upon all. Hence equality is usually given as the first principle of taxation. But it is evident that in this case equality means equity, not a mathematical division by the number of taxpayers. The interpretation is therefore “according to ability.” According to Professor Rogers, the student of economic history, “Equality of sacrifice is the only honest rule in taxation.” This means, in practice, that any system of taxation should be planned with distinct effort to distribute the common expenses according to the ability of different members of society to meet them.
It is evident that no exact gauge of ability is at hand. If the actual income of every citizen could be distinctly known, and the burdens of a dependent household clearly expressed, a basis for equal sacrifice, so far as wealth is concerned, might be reached. But no such basis has been or can be actually found. If found, it would not give an accurate gauge of sacrifice, because the actual wants for comfort of different individuals are so widely varied. Two distinct approximations toward this equity are found. The first is in the total annual consumption of the individual taxpayer, especially of such articles as meet wants above the mere maintenance of healthy existence. In this the government assumes that all will spend according to their ability. The second is in a total accumulation of property. In this the government assumes that every man saves for future consumption all that he gains above his present needs. Both assumptions are untrue in individual cases, and [pg 350] only approximately true anywhere. In many instances the expenditure of a given year upon more continuous wants than ordinary, like a home or farm buildings, will count also as wealth laid by. So, in any combination of the two systems of taxation, the more thrifty and far-seeing will bear a double burden. Yet even this combination may not transgress the rule of equity, since such foresight is itself proof of ability.
To this first principle of equity we may add others, less fundamental, but equally important in practice. Taxes must be sufficiently definite to be understood and provided for by every taxpayer. This is needed for maintaining the interest of every citizen in both the necessity and the economy of public expenditures. Taxes must be so levied and collected as to be conveniently paid. This means that private enterprise shall be hindered as little as possible in making assessments, and that times and places of collection shall be suited to the convenience of taxpayers. The collection of taxes must be by such methods as will involve least outlay, either in salaries of officials or in machinery of the collecting process. These four principles of taxation were announced by Adam Smith more than a hundred years ago, and have commended themselves to students of the subject ever since. It is evident that the last three are more explicit methods for carrying out the first. Most briefly stated; they imply equity, definiteness, convenience of paying, and economy in collecting.
Most legislation with reference to taxes shows some effort to carry out one, if not all, of these requirements. It is evident that a tax may be conveniently [pg 351] paid in connection with ordinary expenditures, and at the same time be very indefinite and quite inequitable. Many taxes upon articles of every-day use in the home are of this nature. A very equitable tax may be so inconvenient from its interference with private interests, and require so many officials for collection, as to make it a serious burden to all. Such a tax would be one levied upon net income, supposing it possible to discover the exact facts for such a levy. Taxes levied without consideration of these principles are defended as means of checking extravagance or vice, as equalizing other conditions of welfare, or as correcting inequalities from other existing methods of taxation. Even these last assume the necessity of equity in the entire system or group of systems.
Direct and indirect taxation.—For convenience of study, taxes are spoken of as either direct or indirect; that is, a tax may be levied upon one whose property or earnings must be reduced by the amount of the tax, or a tax may be levied upon one whose property when sold, or whose service when rendered to another, will be worth as much more as the burden of the tax he has paid. A poll tax, an income tax, a tax on the farm, or a tax on household goods and jewelry, is assumed to be paid by the owner or user, without reimbursement. But a tax on stock in trade—like the farmer's live stock—or upon the machinery of production or service—like railroads, insurance companies and banks—is assumed to be transferred as an additional expense to the one who finally enjoys the wealth.
It is easy to see that such a distinction is difficult. [pg 352] Every owner of wealth will consider taxes connected with its possession a part of the cost of such wealth, and wherever possible in the conditions of the market will count a tax in the selling price. It is impossible to judge from the form of wealth or the nature of the service when the tax can be transferred to a final user. A farmer's wheat may be the source from which he pays the total cost of raising it, including taxes upon the land employed. If, in the condition of the wheat market, he has still a profit upon his management, he will assume that the wheat buyers have paid the taxes. If the market price is so low as to not cover the cost, he will emphasize the fact that he pays the taxes. Yet probably the fact is the same in both cases, that the owner of the land has his profits diminished by the actual amount of the tax. More strictly, the tax is taken from the rent of his land. In any case of over-production, when land gives no rent, the tax will be paid by the producer out of other income. So far, however, as farm products conform to the principle of cost of production in the tendency of prices, there will be a corresponding tendency to shift the tax upon the final consumer.
Thus direct and indirect taxes are not always distinguishable; but in the tax systems of the United States most state and municipal taxes are assumed to be direct, because levied upon persons and more permanent forms of property, while the taxes of the general government are by the Constitution indirect, unless levied upon the states according to population. They are in the form of customs or excise, in which some article of commerce or some service rendered gives a value upon [pg 353] which the tax may be transferred. Thus the state, the county, the city and the school district levy upon assessment of property and enumeration of polls. The United States collects upon imported goods of various kinds, upon special articles of manufacture, upon persons or corporations carrying on particular business, and upon commercial transactions of various kinds.
Assessment of direct taxes.—Assessment implies an enumeration of property in the possession of supposed owners and an appraisement of its value. The officer making the assessment is under constraint of an official oath to give a fair valuation. The market price is supposed to control his judgment, and is usually explicitly named in law.
In actual practice in various states of the Union assessed valuation often falls as low as one-third or even one-fifth of a fair estimate at market value. This is brought about by several causes. Each assessor fears over-valuation, lest his district will bear too large a share of more general expenses; and his successor is inclined rather to lower than raise the standard of value, from neighborly interest. Even if the assessors of an entire county agree upon terms of valuation, they are together under the same influence with reference to state and special taxes. A more definite cause of under-valuation is the practice of exempting a certain limited amount of property from all taxes. If personal property worth $200 is exempt from taxation for every householder, the smaller the assessment for his total property, the larger in proportion is the exemption. Specific taxes at a fixed rate, for state or school or improvement purposes, [pg 354] operate in the same way to force down the valuation of property in the entire state or district. In assessment of real estate even greater violence is sometimes done to equity. In newly settled portions of the country the valuation of land held in the name of non-resident owners is notoriously high. Often in cities the assessor is subject to political influences and social connections in such a way as to destroy all equity in taxation. The official oath attached to such assessments is a sham.
If all property of stated kinds were equally and fairly valued, the burden of taxation would be most fairly distributed as regards property owners. Any tendency to undervalue is sure to oppress the weaker part of these property holders. If the price of a horse is fixed at twenty dollars, when the average price is sixty, the more wealthy owner of horses whose average value is above the general average has a larger part of his property exempt than the poorer owner whose horses are below the average. In the same ratio all household goods and even farms and buildings are under-estimated.
In this connection it is proper to mention the exemption of certain property devoted wholly to public welfare and contributing alike to the good of all citizens. In every state there are multitudes of schools, created and sustained by gifts of benevolent men. These supplement and extend the work of the state for general enlightenment, and are wisely encouraged by exemption from the burden of taxation, because their entire income is devoted to the same ends which the state serves. Public libraries and churches, devoted to such general [pg 355] enlightenment and moral growth, are wisely included in this exemption. Nobody suffers, but everybody gains, by the use of private property for such purposes. If in any way these institutions serve the private ends of individuals, those individuals become themselves property owners, subject to the same taxation as others. Such exemptions may extend even to art collections made by private funds, and to extensive grounds laid out in parks, provided they are open to the public and serve as a means of wholesome recreation and culture.
In general, however, specific exemptions of private property from any taxes lead to abuse of privileges, jealousies and popular dissatisfaction, which result in danger to government and harm to the people. Exemptions of property used for particular purposes, like a farmer's team, may be thought of as a bounty upon such means of production. But the effect is almost always to the disadvantage of the weak, and the practice gives a general encouragement to the disposition to escape taxes. Farmers, of all classes of people, are most interested in a fair and painstaking assessment of all forms of property. Their influence is most widely extended and far-reaching in its effects. The whole community should be led to realize the absolute necessity of fair taxation and prompt meeting of individual responsibility. Fraud in the treatment of taxes is a crime against society, whether it involves false swearing or not. It partakes of the nature of treason, and may well be subjected to severe penalties. Usually, however, a penalty in the shape of additional taxes and forfeiture of property by sale for taxes, with room for [pg 356] redemption at considerable expense, are sufficient to secure a proper assessment and collection, if the community are really in earnest in resisting the fraud.
Indirect taxes.—The methods of indirect taxation by excise and custom duties have been familiar for ages. They are usually favored by politicians who dread the opposition of the people to taxation, because the collection is so incidental to ordinary expenditures as scarcely to be realized and never clearly measured. Few users of tobacco or strong drink have any distinct idea what portion of the cost represents the government revenue. Still less in drinking the cup of coffee, or sweetening it with sugar, does the person benefited weigh the tax he pays. It is doubtful if most of those who read this, actually know that sugar pays a tax, while tea and coffee do not, in our country.
So convenient is this mode of taxation that it forms the favorite mode of discrimination in favor of productive industries. A tariff of 50 per cent upon imported cloth may actually increase the price of similar cloths manufactured at home by nearly that amount, thus fostering cloth-making by a premium on the product, while only a few discover the added burden of the tax. Yet these modes of taxation are usually costly to the people. Even if free from complications with either preventing vice or fostering industry, they require a separate body of officials from those provided for direct taxation. They involve investment by every wholesale and retail dealer of extra capital in taxes, upon which extra interest and profit is expected. The actual consumer bears this extra burden with only partial realization [pg 357] of its bulk. If duties are high, the temptation to smuggling and fraud becomes great, and a force of officials must be stretched around the borders of a country to prevent it.
Custom, or duty.—Duties are said to be either specific or ad valorem. Specific duties are a definite sum upon every pound, ton, yard or other unit of measure, applied to the article taxed. They are easily assessed, and misrepresentation or fraud is scarcely possible. Ad valorem duties are a certain rate per cent upon the invoice value of the goods. In these, frauds are abundant, and experts are required to prevent them. Specific duties are relatively heavy upon the consumers of goods of cheaper quality. A tax of 25 cents on each yard of cloth worth a dollar is five times as heavy as the same tax on cloth worth five dollars. Equalization is frequently attempted by combination of specific duties upon all goods of a certain character with ad valorem duties upon all such goods above a certain quality.
Excise collections.—The same difficulty is experienced in adjusting taxes by excise under our internal revenue system. Such revenues are largely collected through a sale of stamps, though the dealer himself may be required to pay a license fee, to secure the necessary inspection. Here, too, the tax is specific and bears most heavily upon the users of the poorest grade of goods. If attempt is made to grade it by quality, expensive machinery for preventing fraud is necessary. This is well illustrated in the list of officials required in connection with distilleries and bonded warehouses. Both the [pg 358] manufacture and the sale of alcoholic liquors must somewhere be under the inspection of an expert officer. All this necessary expense of collecting must be borne by the consumers. The bonded warehouse itself must not be mistaken for a part of this machinery, though it is essential to the collection. It is simply a device by which the holder of manufactured liquors subject to sale can avoid the payment of a tax until the time of actual delivery. His warehouse, being under bonds to the government, is open only in the presence of the revenue officer, who carries one of the keys necessary to its opening. Without this the tax would have to be paid at time of manufacture, and interest on that amount, to greater or less extent would finally be paid by the consumer. While this system protects essentially against fraud on the part of the owner alone, it does not protect against the weakness or wickedness of officials, and the temptation is sometimes enormous.
Peculiar taxes.—Aside from these general forms of taxation, peculiar devices are common. The stamps required on official papers or commercial transactions, involving checks, notes, mortgages and deeds, have been familiar at various times in our country, and are associated with the history of the world. These differ little from the practice of affixing stamps to patent medicines, cigars and other articles of trade; but instead of being attached to the article transferred they are affixed to the check or note or deed or bond employed in the transaction. These bear unequally, being proportionally heavy upon the people of small means, and are generally annoying in active business. They are frequently [pg 359] favored, however, as being felt most by those who deal most in commerce.
The heavy taxes laid upon the consumption of alcoholic liquors and tobacco illustrate another device for making so-called luxury bear the heavier portion of taxes. It looks both ways, attempting to check luxurious living or vicious practices by a penalty for indulgence, and at the same time to secure a revenue as the result of such indulgence. Evidently in so far as it prohibits indulgence it is not a revenue measure; and in so far as it secures the revenue it does not prohibit indulgence. It is borne somewhat patiently, because each person feels that he can avoid the payment by ceasing to indulge himself. The universal tendency is to make it purely a revenue measure by fixing the tax just where it will not retard consumption in any material degree, and in some instances will give a quasi dignity to the dealer through his official license.
Taxation of credits.—A very common device adopted in most of the states is that of assessing credits as well as property. The majority of farmers favor the assessment of mortgages upon a valuation equal to, if not higher than, that upon farms. They forget that the ability to pay taxes from year to year comes out of the profit or rent from the farm; and if both farm and mortgage are taxed, the adjustment comes through the interest which the mortgage must bear. To illustrate, a father sells his farm, worth $5,000, to his son, taking a mortgage for the entire value. If mortgages are assessed, the value of that farm for all purposes of taxation is $10,000; and yet the living of both father and [pg 360] son, taxes included, comes out of that farm's production. The two have no more property and no more ability after the transaction than before. Thus the mortgaged farms in every community where mortgages are taxed bear double burden.
In a similar way the taxation of any form of notes or bonds or stock doubles the assessment in form without increasing the abilities. The actual property in use will finally bear the burden of both assessments. The road-bed and rolling stock of a railway are property whose value is readily estimated. The actual ownership is in a corporation which may be distinctly taxed. Certificates of stock are individual titles in that corporation whose property has already been taxed. Its outstanding bonds are simply claims against that corporation, to be paid out of that property which has already been taxed. So every note, being evidence of debt simply, is not a representative of property, but simply a claim against property supposed to exist somewhere else. It may be an absolute fiction, in being a claim against property only hoped for. The result of all efforts to treat certificates of indebtedness as personal property are hardship to debtors and apparent fraud on the part of many creditors. Even though the creditor escapes taxation by hiding his possession of a mortgage, the possibility of its being taxed is always counted in his bargain with the borrower as an important element in interest. The experience of those states in which such taxation has been abolished proves that lower rates of interest are sure to follow.
Income taxes.—A favorite device in some countries, [pg 361] and often advocated in this, is a direct tax upon incomes above a certain amount, graduated so as to give a much larger rate upon large incomes than upon more moderate ones. The most obvious reason for such a distinction against the large incomes is the evident failure of our national system of taxation to distribute the burden according to ability. It is evident that the expenditures of the very wealthy for such articles as bring revenue to the government are not in the same proportion to their income as the expenditures of the poorer people are to their incomes. A further reason is based upon the supposition that large incomes involve a considerable unearned increment, in the shape of rent or extraordinary profits, because of accidental opportunity or the crowding of population. An income tax, carefully graduated, is supposed to cause such extra privileges and opportunities to bear a fair share of government expenses.
There are several difficulties in administering such a tax which have stood in the way of its general and permanent adoption. No one has yet devised a certain or fair method of estimating income. The peculiarities of any business or employment make great variation in the ability given by a certain income in dollars and cents. The business man in a small town, with an income of $5,000, might live in relative luxury, and still have a surplus for investment in his business. The same man, attempting business in a large city, might, even with an income of $10,000, find it barely possible to keep up appearances. The income of farmers is largely in provisions and personal privileges from use of [pg 362] teams, etc., never counted in dollars and cents, while the village mechanic pays from his measured income for all such comforts, or goes without them. The actual, necessary expenses of the business of a professional man in the way of books and travel are as essential to his business as are farm implements and live stock to the farm; yet no one counts such expenses as a subtraction from the income. A teacher promoted to a higher position is at once subjected to extraordinary expenses, and may be less able with a higher salary to meet the requirements of his new life than he was with a lower salary to meet the less expensive requirements.
Another principal difficulty is the unpopularity of such a tax from its necessary interference with private business. The country will be almost certainly more divided along lines of wealth over an income tax than over anything else. On the part of the wealthy it seems an effort of the people to take from them actual property rights. On the part of the poorer classes it fosters the assumption that the more wealthy are unjustly so. In the nature of the case, it is an arbitrary adjustment without the possibility of establishing exact reasons for any distinctions made. Finally, since such distinctions are liable to be varied from time to time, an income tax requires some nice adjustment as to the nature of the income. An income from the sale of property is entirely different in character from the income made by interest on the same property. One is a part of permanent investment, the other is the result of productive investment. One destroys the principal if consumed, the other adds to the principal. Yet no one [pg 363] could arrive at the actual, natural income, without a most intricate system of book-keeping open to public inspection. For without public inspection the temptation to fraudulent returns, under the feeling that the tax is unjust, is so strong as to be demoralizing.
Inheritance taxes.—A device much employed for making large accumulations of wealth bear a larger portion of the community's burdens is a heavy tax upon inheritance. Since such inheritance requires the guardianship of law for security of transfer, government is suffered to take a liberal fee for such transfer. Moreover, the inheritor is assumed to have no such property interest in what has been accumulated by another as to claim that he can be wronged if government takes a portion. It is defended also by socialists on the ground that large estates are dangerous to the general welfare.
Some facts bear upon the opposite side, and are worthy of consideration. A large estate is the accumulation of enterprise and industry on the part of a man of more than ordinary abilities. The presumption is in favor of following his judgment in making that useful after his death. Most frequently it is employed in some huge industrial machine, which the public cannot manage, but can destroy by even taking a portion from it. One of the main stimulants to all accumulation is the provision for the future wants of a family. If the state takes the accumulation, it also takes the responsibility for the successors in the family line. Wherever it is applied, it is felt to be a heavy burden upon the community at large. If the state interferes with the freedom of a testator, the chances are that few estates will [pg 364] be accumulated, and wasteful methods of expenditure, diminishing the power of the entire community, will surely follow. Moreover, evasions of the inheritance tax are comparatively easy, and are likely to be adopted extensively by the holders of large estates. The very rich can give away a large portion of their property before death without material suffering. Only the moderately wealthy are obliged to hold on to their possessions until death. Any wealthy man can dispose of his wealth during his lifetime, and still retain its income, by giving it away, subject to an annuity. To prevent this the law would have to be extended with intricate inspection to cover all transfers of property. Let no one be deceived into feeling that this is a simple and easy way of saddling government expenses upon the rich.
Special taxes.—A multitude of minor devices are worthy of brief consideration. An occupation tax on business men is easily levied, but bears unequally upon the original payers, and in the end falls most heavily upon the poorest. A house tax, measured by the number of rooms, or the number of windows, or the number of fireplaces, has been supposed adjustable to actual income of the possessors. But it bears very heavily upon men in certain professions requiring house-room, and forces the poor into narrow and crowded quarters. The rent of the poor is necessarily a larger proportion of their living expenses than that of the well-to-do. It is a serious hardship when a tax is levied upon that which a man cannot possibly save.
A tax upon retail dealers and peddlers is frequently [pg 365] advocated, as tending to prevent the increase of unnecessary middlemen and wasteful competition. Yet this, too, bears heavily upon the poor, since it crowds out also those who are satisfied with small profits and deal in small sales. Even a tax upon pawnbrokers, whose profits are supposed to be extraordinary, gives occasion for a sharper grinding of the poor. A study of all these devices will lead one to the conclusion that a tax upon property only, based upon a fair valuation and paid by the controller of the property, is fairest to the whole community and leads to truest conceptions of the relation of property to public expenditure. It is certainly best for rural welfare.
A single land tax.—A brief consideration must be given to a proposed system of taxation, commonly known as the single land tax. The proposition is to tax all lands, including building sites, to such an extent as may be necessary to meet all public expenditures. The lands are to be valued for this purpose at the rent they will bring, independent of all improvements. The supposition is that such an income is due entirely to the effect of crowding population, and therefore belongs to society as a whole rather than to the individual possessing it. In fact, if the state were to consume the entire economic rent, it would take only, it is said, what already belongs to the community. Other supposed advantages of the single tax system are the reduced expense of assessment and collection, together with incidental effects in promoting production by removing burdens from capital, in preventing the holding of land unproductive, possibly in equalizing wealth [pg 366] and diminishing greed for landed property, while the poorer, cheaper agricultural lands, having no rent value, would be relieved of all burden. These are essentially the views maintained by the followers of Henry George, the leading champion of such taxation. It is claimed, further, that the poor in crowded cities would be better housed, since buildings would bear no taxation, and holders of city lots would make them productive through construction of buildings without adding to their burden of taxation. It is claimed also that such taxation would be finally distributed, and fairly distributed, among all the consumers of products affected by land possession, as well as all even indirectly making use of the land. Since food and shelter are universal, all would contribute, so far as they are self-dependent, according to food consumed and space occupied.
These statements are somewhat inconsistent with each other. If rent is of such a nature, as assumed at the beginning of the argument, that it cannot directly affect all values because it depends upon those values for its existence, a tax levied upon it cannot be distributed but rests wholly upon the landholder. If, on the other hand, a tax on land is distributed among all consumers of its products, there is no economic rent, but the burden rests upon the consumers alone, according to the amount consumed, subjecting this tax to the objection against all indirect taxes that the poor bear the heavier burden.
It is evident, too, that such a tax must bear heavily upon the unthrifty. The valuation of farms must be [pg 367] made by an expert judge of what farms similarly situated ought to produce. A farm valued at $500 annual rent might, under thrifty management, produce twice as much as under unthrifty management. The tax, under thrifty management, could be easily paid; under unthrifty management, it would ruin the manager. This certainly does not levy the tax according to ability. It also bears heavily upon the enterprising young farmer whose capital is small, as compared with the long-established farmer with accumulated capital. The man weak in capital would bear as heavy a burden as the strong.
Again, it provides no system of taxation in newly settled communities where land has practically no value except from improvements. Unless a fictitious value be given to such land for purposes of taxation, as sometimes happens with reference to non-resident land-holders, no government could be maintained.
Finally, since under this system government assumes a control over landed estates, from which it exempts all other forms of property, it tends toward the nationalization of land, which would necessarily destroy the system itself. For if government claims all increment from land production, land ceases to be property and does not pass from owner to owner at a market value: then government fixes arbitrarily the rental of space, and taxation is distributed upon a new principle. If a new principle were not to be assumed, there could hardly be a device conceived more likely to make the rich richer and the poor poorer. Farmers, of all men, are best situated to realize the unequal workings of a single land tax system.
[pg 368]Government debts.—An important part of government machinery is connected with its ability to make use of borrowed capital. Under the pressure of heavy expenditures in case of war, or in undertaking permanent improvements in a new country, or in carrying on various enterprises for common welfare, the demand for means is greater than the supply from ordinary modes of taxation. Not even the special devices of war taxes can meet at once the burdens of a defensive war. The rightfulness of such expenditures upon the credit of the government depends upon the object to be secured. The expense of the war which defends and preserves the future home of posterity may properly be borne in part, at least, by posterity. The court house, the water works, or the electric plant, whose benefits will be shared by the people for a hundred years, may properly be so constructed that all the people benefited may share in the burden. Good economy requires the foresight which builds beyond mere present need. The danger is that expenditure made under expectation that others will pay may be wasteful, and often other reasons than actual needs in the interest of private speculation control.
Nevertheless, there is good reason for government debts; and every form of government, from the loftiest to the most insignificant, finds such indebtedness easy to contract. The smallest school district can issue scrip in payment of its teacher, or can issue bonds for the construction of its school-house. Only the general government, under our laws, can borrow by issuing due-bills in the form of legal tender notes. All of these certificates of indebtedness enter into the general commerce under [pg 369] the common law of supply and demand, and bear an economic price proportional to the certainty of their final payment and the convenience of their use in commercial transactions. The exemption of national bonds, or even state bonds, from local taxation works no more hardship than the exemption of state property. Under ordinary circumstances the entire advantage of such exemption is gained by the state, and so by all the taxpayers of the state. The exemption of national bonds from every form of taxation prohibits interference with the government's privilege of borrowing when and where it can, and the advantage comes back to the people in full through the low rate of interest or the premium in price which such bonds bear. They are subject to fluctuations in value through their being a means of transferring floating capital between industries. Under a stable government, with a somewhat permanent debt, a holder of bonds is a sort of stockholder in the governmental wealth, with definite stated dividends rather than profits.
Such bonds have various effects upon a general industry of the country. While they lessen somewhat the immediate burdens of present productive industries, they may increase the burden of the same industries in a second generation. Their convenience in securing annuities for long series of years may diminish the enterprise of a community by fostering a class of non-producers, whose wealth is represented in the display of government buildings rather than in productive enterprises. Just so far as government employs the capital of the country through bonds, it diminishes the capital [pg 370] which would otherwise find investment in productive employment. The danger of extravagance to even small communities, from the ease with which such government debts can be contracted, warrants the contrivance of strong constitutional limitations. Indeed, provision, not only against extravagant debt, but for reasonably prompt settlement, may well be required by constitutional law. All property holders, but especially land holders, are interested in preventing extravagant outlay by means of bonded indebtedness. Farmers must know that the burden will have to be borne, with all the natural additions, by the property they hold, and the value of that property will be lessened by whatever extra burden it bears.
Settlement of government debts.—The settlement of government debts is a matter of uncertain provision. In many instances there has been a tendency toward a permanent debt. The United States has shown a surprising capacity for making such debts for all sorts of purposes, but has also shown an equally surprising ability in payment. And yet examples are not wanting, even in our own country, of a tendency to indefinite postponement and a rapidly increasing burden, until settlement could be made only by compromise or a total repudiation. The effect of such bankruptcy of nation, state or municipality is like that of any failing enterprise, only more widely felt. The repudiation of a government debt affects the capital of the country like the confiscation of estates under ancient tyranny. It destroys the common faith, which is the basis for true productive industry. It takes the nation back into the [pg 371] dark ages as regards its relation to the individual welfare of citizens. Every economic reason existing for the collection of private debts, and leading to government machinery for collecting such debts, has still greater force when applied to the debts of governments. The demoralization, widespread and destructive, which follows repudiation, or anything resembling it, cannot be outgrown for generations. The most plausible reasons for repudiation, except in cases of absolute fraud against the government, should have no weight with a citizen who cares for the welfare of his fellow-citizens and their progress toward that welfare, under the natural laws concerning wealth. A nation of robbers is safer to live in than a robbing nation.