The Financial History of Baltimore

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(2) Although the rate of the "park tax" remained un- changed after the reduction to nine per cent, by the Gen- eral Assembly in 1882, the revenue of the city from this source was seriously affected thereafter by judicial interpre- tation. In 1887 the Baltimore Union Passenger Railway Company, operating a railway of which y 2 mile lay with- out the city limits, refused to pay the franchise tax on more than fifty per cent, of its gross receipts. This refusal was justified on the ground that the f
...ranchise tax was imposed only upon gross receipts within the city and that fifty per cent, represented a reasonable proportion of the total re- ceipts collected within the taxable area.
The city declined to accept such an arbitrary apportion- 1 Laws of Maryland, 1882, ch. 229. The reduction in fare was the actual rather than the statutory consideration for the lower fran- chise tax.
282 THE FINANCIAL HISTORY OF BALTIMORE ment and the matter was brought up for judicial determi- nation. In a decision, which from the standpoint of the city's interest can only be regarded as most unfortunate, the Court of Appeals sustained the opinion of the lower court that the part of the track located outside of the city limit was not subject to the franchise tax.


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