Mercantile License Tax An Inquiry is It Constitutional Who Are Liable How

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Mercantile License Tax An Inquiry is It Constitutional Who Are Liable How
Ray W Jones
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Norris Brothers vs. The Commonwealth, 27 Penn- sylvania State Reports, 494, was decided in 1856. This was an action brought at the suit of the Common- wealth to recover the amount of a mercantile tax, im- posed upon the makers of locomotives. It was held that they were not liable. "A dealer, " says Justice Black, "in the popular, and therefore in the statutory, (69) sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again. He stands intermediately between
... the producer and the consumer, and depends for his profit, not upon the labor he bestows upon his commodities, but upon the skill and foresight with which he watches the market. . . . The meaning of the statute is perfectly clear. The Legislature understood the words it was using. A tax was laid upon dealers, that is upon those who should buy to sell. This, of course, did not include persons who sold the wares manufactured by themselves. " The Commonwealth vs. Campbell, 33 Pennsylvania State Reports, 380, followed in 1859.

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