A TREATISE UPON THE LAWS AND PRACTICE OF TAXATION IN MISSOURI. By Frederick Л. Judson. Columbia, Mo. : E. W. Stephens. 1900. (xiv+358 pp.)
policy demands a quick preventive remedy "in every case where the validity of an exercise of the taxing power " is questioned. The remedy suggested is the regulation and enlarge The title of this excellent book is modestly ment of the jurisdiction of the courts in writs of misleading. The volume is all that the title certiorari. Mr. Judson is an opponent of double taxation, imports, and it is more. It treats in an exhaus tive way the history and development of taxation and like many other students of taxation, he in Missouri, and in so far is a book of especial sees -clearly the injustice and failure of the value to the scholarly lawyer of that particular present system of taxing personal property. As State; but using local tax laws as texts, Mr. to the question of taxation of corporations, he believes that the franchise of the corporation, Judson has discussed many of the most impor tant questions of taxation which are pressing as well as its tangible property, is rightly subject for solution elsewhere. It is this latter side of to taxation, " either on the basis of the market value of the securities representing such intan the book which makes it of interest to any stu gible and tangible property or on the earnings dent of the problem of taxation. To the first two parts of the book, — Part I, of such entire property "; that the taxation of Historical; Part II, Missouri Taxation in 1900, the full value of the corporate property and fran but a word can be given. It is enough to say chise requires the exemption from taxation of the stock and bonds by which they are represented; that Mr. Judson has given in a clear and inter esting way what appears to be an exhaustive that holders of corporate securities representing properties and franchises in other States, should presentation of these divisions of his subject. be exempt from taxation on those securities. To the question of local assessments for pub In his concluding chapter Mr. Judson, clearly lic improvements, one of the most important questions of taxation of late years, one chapter and with good judgment, enumerates the ele is devoted, and is treated as fully as the purposes ments of weakness and inefficiency in the pres ent system of taxation, and points out the of the present volume demand. The subject of local assessments is, however, remedies. He sums up his general scheme for in a somewhat unsatisfactory state, and we a fair and just system of state and local taxa should like to see it treated, at some time, at tion under the following heads : first, quicker and more adequate judicial remedies for ine the length which it deserves, by so good a stu quality in taxation, to be found by enlarging the dent and authority as Mr. Judson. jurisdiction of the courts in writs of certiorari; We are glad to find Mr. Judson calling atten second, the separation of the sources of State tion to the uncertainty, confusion and inad equacy in remedial procedure in matters of and local revenue, — local revenue to be raised illegal taxation. For example, take the question from the tax on real estate, chiefly, and from of determining the constitutionality of a tax that on personal property, assuming that last statute. It may be brought up under a writ of named tax to be retained, and State revenue to certiorari; but the difficulty and oftentimes the come from such taxes as those on railroad prop erties, on earnings of express companies, dram impossibility of obtaining full and adequate an swers, make this proceeding a far from ideal shop and other licenses, inheritance taxes, etc.; remedy. The question of constitutionality has third, local control of the tax rate and bond issues, subject only to some constitutional limi been tested in other ways, of course; by prohi bition, by mandamus, by injunction, by defending tation; fourth, the substitution of a corporation criminal prosecution. But the multiplicity and tax, laid either upon the value of the corporate confusion of remedies, and the uncertainty property and taxable franchises, or upon the which may arise in the mind of even a well- earnings of the corporation, in place of the present personal property tax; fifth, the avoidance of posted lawyer as to the proper or the most effec tive remedy in a given case, indicates, as Mr. ' double taxation in any form; sixth, inheritance Judson rightly believes, a defect in procedure. taxation; seventh, an income tax upon income And he is right in thinking that sound public from services and business profits.
