I do not believe that the representatives of
any people, passing laws to tax that people
for educational purposes, will so tax them as
to oppress them, and for that reason I vote—
aye.
Mr. STIRLING, when his name was called,
said: As I said betore, I will vole for this
amendment because it is a restriction. I vote
—aye.
Mr. THOMAS. As I said yesterday, I am
opposed lo all kinds of capitation taxes. I
should like very much to vole for the propo-
sition of the gentleman from Baltimore county
(Mr. Ridgely) but I know there are a great
many poor people who want to send their
children to school, and who are not able to
pay a capitation tax to send them, and I
think the men that own the properly ought
to pay the tax to send them. Therefore I
vote—no.
The question recurred upon the amend-
ment of Mr. SCOTT as amended by the adop-
tion of Mr. GREENE'S amendment ;
Mr. JONES, of Somerset, submitted the fol-
lowing amendment to the amendment.
Strike out tire amendment and insert :
"Article 14. The General Assembly shall
have power to lay and collect taxes for the
defence of the State, and the support of the
government thereof, and for purposes of edu-
cation; also to lay any imposts or duties on
imports or exports which may be absolutely
necessary for the execution of the State Inspection
Laws; and also such fines, duties or
taxes as they may deem expedient and proper
for the good government and benefit of the
community."
Mr. STIRLING. I would merely state that
the substance of that amendment I have no
objection to; but it is a grant of legislative
power contained in the Declara lion of Rights,
and it is not in its proper place. It is a defi-
nition of the Legislature; and the Legisla-
ture has all the taxing power that we do not
restrict. There is no use in giving it to
them; they have it without. The mere crea-
tion of a legislative body, gives them a taxing
power, so far as the Constitution does not
take it away. Any attempt to define it, is
more likely to beconstrued into a restriction,
than if we leave it without any provision
whatever.
Mr. JONES, of Somerset. There is no power
in the Legislature to levy taxes, except that
conferred by this very article of the Consti-
tution.
Mr. STIRLING, The Court of Appeals of
this State has decided that the Legislature
.by virtue of its being a Legislature, possesses
all power, legislative in its character, not
positively prohibited by the Constitution.
Mr. JONES, of Somerset. That is true; and
yet the bill of rights being a part of the Con-
stitution, and the bill of rights prescribing
the subjects of taxation have limited the Leg-
islature to the extent of that prohibition,
14 |
That is the very thing that we have been dis-
cussing this whole day. If you strike it all
out and leave it blank, the Legislature will
have absolute power; but by retaining the
article in the bill of rights, you restrict the
powers of the Legislature. As the bill of
right?, from the very beginning of our gov-
ernment down to the present time, has con-
tained the subject of taxation, and regulations
upon that subject for the action of the Legis-
lature. I propose this as a substitute for the
restriction which now exists in the bill of
rights, upon the Legislature. It is therefore
with a grant and a restriction.
The amendment of Mr. JONES was rejected.
Mr. STIRLING submitted the following
amendment to the amendment :
Strike out all after the word "that" in the
first line, and insert the words, "paupers
ought not to he assessed for the support of
the government, but every other person in
the State, or person holding property there-
in, ought to contribute his proportion of
public taxes for the support of government,
according to his actual worth in real or per-
sonal property; yet fines, duties or taxes may
properly and justly be imposed or laid for
the good government and benefit of the com-
munity."
Mr. STIRLING. I propose that, because, of
course', I am bound to leave out the prohibi-
tion of the poll tax. It leaves the question
open. It does not mention a capitation tax,
one way or the other.
Mr. PETER moved to adjourn.
The motion was rejected.
Mr. HEBB. I raise the point of order that
according to parliamentary practice, after a
clause is stricken out and another one substi-
tuted, that cannot be amended.
Mr. STIRLING. That is not the proposition.
It is an amendment to an amendment. The
amendment is still liable to amendment.
The PRESIDENT. There is no limitation or
restriction upon amending an amendment.
The question being stated upon Mr. STIRL-
ING'S amendment, Mr. SCHLOSSER demanded
the yeas and nays, and they were ordered.
The question being taken, the result was—
yens 44; nays 33—as follows :
Yeas—Messrs. Goldsborough, President;
Abbott, Annan, Baker, Belt, Berry of Prince
George's, Billingsley, Brown, Carter, Craw-
ford, Cunningham, Cushing, Dail, Davis of
Charles. Davis of Washington. Dellinger,
Ecker, .Edelen, Farrow, Galloway, Hopper,
Jones of Somerset, Keefer, Kennard, Mace,
Markey, McComas, Mitchell, Miller, Morgan,
Mullikin, Murray, Noble, Nyman, Parker,
Peter, Purnell, Robinette, Russell, Schlosser,
Scott, Smith of Worcester, Sneary, Stirling
—44.
Nays—Messrs, Audoun, Barron, Bond,
Briscoe, Daniel, Dennis, Earle, Greene, Har-
wood, Hatch, Hebb, Hopkins, Horsey, John-
son, Jones of Cecil, King, Landsdale, Lee, |
