If so great confusion can occur where the property to be valued for taxation is visible and tangible property, and where the principles underlying the assessment are few and comparatively simple, what is to be expected when the attempt to reach invisible and intangible property is added?
Constitutional provisions have not secured equality of valuation, and the statute laws are powerless to make effective the sounding phrases of the Constitutions. "Property shall be assessed for taxes," says the Constitution of New Jersey, "under general laws and by uniform rules, according to true value." The Assembly sought to embody this principle or rule in the laws of the State. "All real and personal estate within this State, whether owned by individuals or corporations, shall be liable to taxation at the full and actual value thereof, on the day in each year when by law the assessment is to commence."[1] Such assertions of the basis of taxation need no further explanation, for the intention of the framers of constitution and law is unmistakable—equal and uniform taxation, a common burden involving a common obligation to discharge it. The practice at once creates the necessity for recognizing the inaptitude of the instruments called upon to carry the law into execution. More than four hundred separate assessors and boards of assessors determine the taxable values upon no uniform system and in defiance of law and Constitution. "In practice they value real estate all the way from twenty-five to seventy-five per cent of its true value, depending on its location, income, etc., and their personal or political prejudices, and value different contiguous areas at different valuations, though of equal values really; and as to personal property, I regret to say, they appear to make no earnest or honest effort to reach it anywhere, except in the agricultural districts, and even there very imperfectly."[2]
Enough has been said in these articles to show that this defect of method is not peculiar to one State, but is to be found in all. The remedies proposed or adopted have proved ineffectual to produce a better result. It is asserted that the more careful selection of the assessors, a higher salary for service, and a more strict accountability for their acts would introduce a reform; but this could, even under the most favorable of conditions, be only a partial reform. A State assessor with power to remove the assessors has been recommended, but this officer could not become so conversant with conditions throughout the State as to be able to decide on the many questions of assessments coming before him. Certain descriptions of property could be dealt with by such an officer and
