In spite of the time required for the physiology, the fifth-year

children have about thirty lessons on minerals; the sixth-year, the

same number on plants; and the seventh-year, on animals; and it would

be difficult to decide which of these subjects rouses their greatest

enthusiasm.

PRINCIPLES OF TAXATION.[6]

BY THE LATE HON. DAVID A. WELLS.

XX.--THE LAW OF THE DIFFUSION OF TAXES.

PART I.

No attempt ought to be made to construct or formulate an economically

correct, equitable, and efficient system of taxation which does not

give full consideration to the method or extent to which taxes diffuse

themselves after their first incidence. On this subject there is a

great difference of opinion, which has occasioned, for more than a

century, a vast and never-ending discussion on the part of economic

writers. All of this, however, has resulted in no generally accepted

practical conclusions; has been truthfully characterized by a leading

French economist (M. Parieu) as marked in no small part by the

"simplicity of ignorance," and from a somewhat complete review

(recently published[7]) of the conflicting theories advanced by

participants one rises with a feeling of weariness and disgust.

The majority of economists, legislators, and the public generally

incline to the opinion that taxes mainly rest where they are laid, and

are not shifted or diffused to an extent that requires any

recognition in the enactment of statutes for their assessment. Thus,

a tax commission of Massachusetts, as the result of their

investigations, arrived at the conclusion that "the tendency of taxes

is that they must be paid by the actual persons on whom they are

levied." But a little thought must, however, make clear that unless

the advancement of taxes and their final and actual payment are one

and the same thing, the Massachusetts statement is simply an evasion

of the main question at issue, and that its authors had no intelligent

conception of it. A better proposition, and one that may even be

regarded as an economic axiom, is that, regarding taxation as a

synonym for a force, as it really is, it follows the natural and

invariable law of all forces, and distributes itself in the line of

least resistance. It is also valuable as indicating the line of

inquiry most likely to lead to exact and practical conclusions. But

beyond this it lacks value, inasmuch as it fails to embody any

suggestions as to the best method of making the involved principle a

basis for any general system for correct taxation; inasmuch as "the

line of least resistance" is not a positive factor, and may be and

often is so arranged as to make levies on the part of the State under

the name of taxation subservient to private rather than public

interests. Under such circumstances the question naturally arises,

What is the best method for determining, at least, the approximative

truth in respect to this vexed subject? A manifestly correct answer

would be: _first_, to avoid at the outset all theoretic assumptions as

a basis for reasoning; _second_, to obtain and marshal all the facts

and conditions incident to the inquiry or deducible from experience;

_third_, recognize the interdependence of all such facts and

conclusions; _fourth_, be practical in the highest degree in accepting

things as they are, and dealing with them as they are found; and on

such a basis attention is next asked to the following line of

investigations.

It is essential at the outset to correct reasoning that the

distinction between _taxation_ and _spoliation_ be kept clearly in

view. That only is entitled to be called a tax law which levies

uniformly upon all the subjects of taxation; which does not of itself

exempt any part of the property of _the same_ class which is selected

to bear the primary burden of taxation, or by its imperfections to any

extent permits such exemptions. All levies or assessments made by the

State on the persons, property, or business of its citizens that do

not conform to such conditions are spoliations, concerning which

nothing but irregularity can be predicated; nothing positive

concerning their diffusion can be asserted; and the most complete

collection of experiences in respect to them can not be properly

dignified as "a science." And it may be properly claimed that from a

nonrecognition or lack of appreciation of the broad distinction

between taxation and spoliation, the disagreement among economists

respecting the diffusion of taxes has mainly originated.

With this premise, let us next consider what facts and experiences are

pertinent to this subject, and available to assist in reaching sound

conclusions; proceeding very carefully and cautiously in so doing,

inasmuch as territory is to be entered upon that has not been

generally or thoroughly explored.

The facts and experiences of first importance in such inquiry are that

the examination of the tax rolls in any State, city, or municipality

of the United States will show that surprisingly small numbers of

persons primarily pay or advance any kind of taxes. It is not probable

that more than one tenth of the adult population or about one

twentieth of the entire population of the United States ever come in

contact officially with a tax assessor or tax collector. It is also

estimated that less than two per cent of the total population of the

United States advance the entire customs and internal revenue of the

Federal Government.

In the investigations made in 1871, by a commission created by the

Legislature of the State of New York to revise its laws relative to

the assessment and collection of taxes, it was found that in the city

of New York, out of a population of over one million in the above

year, only 8,920 names, or less than one per cent of this great

multitude of people, had "any household furniture, money, goods,

chattels, debts due from solvent debtors, whether on account of

contract, note, bond, or mortgage, or any public stocks, or stocks in

moneyed corporations, or in general any personal property of which the

assessors could take cognizance for taxation"; and further, that not

over _four_ per cent, or, say, forty thousand persons out of the

million, were subject to any primary tax in respect to the ownership

of any property whatever, real or personal; while only a few years

subsequent, or in 1875, the regular tax commissioners of New York

estimated that of the property defined and described by the laws of

the State as personal property, an amount approximating two thousand

million dollars in value was held in New York city alone. Later

investigations show that this state of things has continued. Thus, in

1895, out of a population of about two million, it was estimated that

only seventy-nine thousand, or not over four per cent of the

inhabitants of the city, were subject to primary taxation, and that

one half the whole amount collected in that year was paid by less than

a thousand persons. In the city of Boston, where the tax laws are

executed in the most arbitrary manner, the ratio of population

directly assessed is somewhat greater, but aside from the poll tax,

which is a per capita and not a property tax, only 7.27 per cent of

residents paid a property tax in 1895 out of a population of 494,205.

In one of the smaller cities of Massachusetts, where persons and

property are capable of more thorough supervision than larger numbers

and areas--namely, the city of Springfield, with a population of about

fifty thousand--the report of its tax officials shows that for the

year 1894-'95 the number of persons and corporations assessed on

property (mainly real estate) was 7,745, or one for every 6.4 of its

citizens, while 10,560 other citizens were assessed for a poll tax of

two dollars only. Of the total amount of taxes assessed--namely,

$735,948--the above number, 10,560, paid only $21,120; and this is the

experience generally throughout the United States, as it will be in

every country under a free popular government, where arbitrary

inquisitions and arrests of persons and seizures of property are not

allowed, and where a soldier does not practically stand behind every

tax assessor and collector.

The time (1871) when the personal investigations above referred to

were made was when the masses of the city of New York were moved with

indignation at the misuse and private appropriation by a few officials

(Tweed and his associates) of the municipal revenues raised by

taxation, under cover of instituting public improvements, and which

finally led to their prosecution, imprisonment, or self-imposed exile;

and the questions which naturally suggested themselves were: If only

some forty thousand of the million in New York city paid the taxes,

what interest had the other nine hundred and sixty thousand who never

saw the face of a tax assessor or collector in opposing corruption?

What, in an honest administration of the city government and in a

reduction of taxes? Must it not be for the interest of the many that

the expenditures of the State shall always be as large as possible?

Must they not be benefited by exorbitant taxes on the owners of

property, and a distribution of the money collected, even if stolen by

corruptionists, but spent by them lavishly on enterprises that will

furnish new opportunities for employment or amusement for the masses?

Clearly, so far as any personal experience growing out of any _direct_

assessment and levy was concerned, ninety-six per cent of the

population of the city had no more cause of personal grievance by

reason of the unlawful taking of money from the city treasury than

they would have had at the taking of an equivalent amount from the

municipal treasuries of London, Paris, or any other city.

The answer to these questions is to be found in the fact, as John

Adams once remarked, that "if the Creator had given man a reason that

is fallible, he has also impressed upon him an instinct that is sure."

And this instinct teaches the masses everywhere, though they have

never read a book on political economy, or heard any one discourse

learnedly on the principles of taxation, that if taxes are increased,

either by a lawful or unlawful expenditure of public money, they can

not in any possible way avoid paying some portion of its increase; or,

in other words, that increased taxes meant increased cost of living,

through increased rents, increased price of fuel, clothing, and

provisions, and possibly diminished opportunity to labor through such

increased cost of the products of labor as would limit and restrict

markets or consumption. In short, that taxes inevitably fall upon them

through the increased price of all they consume, even if they pay

nothing to the tax collector directly. A large proportion of the

masses of the city of New York in 1871-'72, who paid no taxes

directly, accordingly and spontaneously joined hands with the

comparatively few of their fellow-citizens who did pay in resisting

extravagance and corruption.[8]

We are thus led up and forced to the recognition of two propositions,

or rather principles, in respect to taxation that can not be

invalidated. The _first_ is, that it is not necessary that a tax

assessor or collector should personally assess and levy upon every

citizen of a State or community in order that all should be compelled

to contribute of his property for the support of such State or

community; _second_, that there is an inexorable law by which every

man must bear a portion of the burden of public expenditures, even

though the official assessors take no direct cognizance of him

whatever.

The following incident may here be cited as instructive: In one of the

recent official hearings before a legislative committee of one of the

States, a strenuous advocate of the popular doctrine that there was

and could be no such thing as equality in taxation except by rigidly

taxing everybody directly for all his property, of every description,

both real and personal, and that to not tax immediately and directly

was, in at least a great degree, to exempt from taxation, expressed

himself as entirely opposed to any system of restricting assessments

to a comparatively few things, on the ground that it would be a

recognition in the United States of a system which in Great Britain

had ground down the masses into poverty. He, however, obtained some

new light on the subject of nondiffusion by being reminded that if the

masses of England had been grievously oppressed by taxation, it had

been under a system of many years' standing, which never in any way

brings the tax collector in direct contact with nineteen twentieths of

the entire population; the customs taxes of Great Britain being

practically levied on only four articles--spirits, tea, coffee, and

tobacco; and the inland revenue also on practically four--spirits,

beer, legacies and successions, and stamps (on deeds, insurance

policies, bills of exchange, receipts, drafts, etc.). Generalizing,

then, on the basis of so broad a fact, how illogical and unscientific

was the assumption that whatever persons, property, or business are

not taxed directly are exempt from taxation!--and yet the practical

exemplification of such a system, in the case of England, was a most

efficient instrumentality for grinding the masses of her people down

to poverty.

On the other hand, to generalize from the experience of an individual

or a class in place of that of a nation or community, let us take the

case of a person who passes all the year _in transitu_--moving

backward and forward, for example, in a boat on the line of the Erie

Canal, or between the head waters of the Mississippi and its mouth; a

citizen of no one State, a resident in no one town, and buying all

that he eats, drinks, and wears wherever he can buy cheapest. Does

this man escape taxation because he has no permanent _situs_

(residence as a citizen), and is unknown by any assessor? If he does,

then his occupation is more profitable to the extent of the taxes he

avoids than is that of the individual who, following analogous

occupations, resides permanently in one location, and pays taxes

regularly; or else some notable, easily discernible cause, as undue

competition to obtain situations, will account for his exemption.

Let us next consider how practical experience definitely indicates the

line of least resistance, in conformity with which those contributions

of property or service which the State requires its citizens to make

for its support, and are worthy of designation as taxes, diffuse

themselves. Let us take first that form of indirect taxation which is

known as customs, or taxes on imports, one from which the Federal

Government of the United States has derived in recent years more than

half of its revenue, and Great Britain more than one fourth of its

total receipts from all forms of imperial taxes. That all such taxes

as a rule diffuse themselves, and ultimately fall upon and are paid by

final consumers, is capable of demonstration by a great variety of

evidence. Every remission of customs duties on the imports into any

country of its staple articles of consumption is followed by a

reduction of cost approximately equal to such reduction, and a

consequent increase in consumption. On the other hand, nothing is

better settled than that an increase in customs taxes on imported

articles as a rule increases prices and tends to reduce consumption.

When Great Britain, in 1863, reduced her taxes (duties) on her imports

of tea from 1_s._ 5_d._ to 1_s._ per pound, her importation of tea

increased from 114,000,000 pounds in 1862 to 139,000,000 in 1866, and

her per capita consumption during the same period from 2.70 pounds to

3.42 pounds; and again, when the duty was further reduced in 1865 from

1_s._ to 6_d._ per pound, the annual importations increased from

139,000,000 in 1866 to 209,000,000 in 1881, and the per capita

consumption from 3.42 pounds to 4.58.

When by the act of October, 1890, the tax was removed from the imports

of crude sugars into the United States, the price of the same went

down almost immediately to an equal extent in all American markets;

while the consumption of sugar in the country increased from an

average of about fifty-four pounds per capita in 1890 to more than

sixty-seven pounds in 1892. A like result has attended a similar

experience in respect to this in other countries, and especially in

Great Britain. Thus, the aggregate consumption of sugar by the British

people in 1844 was returned at 237,143 tons. A reduction of taxes on

its importation in 1864 increased its domestic use to 528,919 tons; a

reduction of fifty per cent on existing rates in 1870 made it 695,029

tons; another reduction of fifty per cent in 1873 carried up

consumption to 779,000 tons; and when, in 1874, all taxes on the

imports of sugar were abolished, the annual domestic consumption

increased in little more than a year's period to 930,000 tons. On the

other hand, when by the tariff act of 1890 an additional tax of half a

cent per pound was imposed on the import of tin plate into the United

States, tin plate went up to an equal extent in price all over the

country; and so also on pearl buttons, linen goods, and other articles

of foreign production on the importations of which the tariff taxes

were largely increased. By the tariff act of 1890, also, eggs, which

could formerly be imported into the United States free of duty, were

made subject to a tax of five cents per dozen. Since then the price of

eggs imported from Canada into districts of the United States within

the same sphere of territorial competition has been increased to the

American consumers to almost exactly the extent of the import tax to

which they are subjected. Thus, when the price of eggs was ten and a

half cents per dozen in Toronto, they were sixteen cents in Buffalo

and sixteen and a half to seventeen cents in New York. Such a result

would be unaccountable if the Canadian farmers paid the duty on eggs

sent by them to the United States.

It is interesting to here ask attention to the opinions entertained

and expressed by those whose situation and experience have qualified

them to speak with authority: "The duty constitutes the price of the

whole mass of the article in the market. It is substantially paid on

the article of domestic manufacture, as well as that of foreign

production" (John Quincy Adams). "I said it, and I stand by it, that

as a general rule the duties paid on imports operate as a tax upon the

consumer" (John Sherman). Mr. Blaine, in his Twenty Years in

Congress, says, speaking of the increase of duties on imports by the

tariff act of July 14, 1862, that it "shut out still more conclusively

all competition from foreign fabrics. The increased cost was charged

to the consumer." Mr. McKinley, in 1890, in a report introducing a

bill for revision of the tariff of the United States, in the direction

of increased rates of duties on imports, said it was not the intent of

the bill "to further cut down prices," that the people were "already

suffering from low prices," and would not be satisfied "with

legislation which will result in lower prices." In an elaborate

opinion given by the New York Court of Appeals in 1851 (see vol. iv,

New York Reports), in which there was no suspicion of any issue of

free trade or protection, the courts, in carefully considering the

relative powers of the legislature and the judiciary in respect to

taxation, assumed the proposition that "_all duties on imported goods

are taxes on the class of consumers_" to be in the nature of a

self-evident truth or economic axiom.

Henry Clay, in a celebrated speech in the United States House of

Representatives in 1833, in advocacy of a protective tariff policy,

candidly admitted that "in general it may be taken as a rule that the

duty upon an article forms a portion of its price." But he

subsequently qualified such admission by claiming that it does not

follow that any consequent enhancement of its price is a tax on

consumers, inasmuch as "directly or indirectly, in one form or

another, all consumers of protected articles, enhanced in price," will

get an equivalent. But this may be equally affirmed of all necessary

and equitable taxation, and does not in any way antagonize the theory

that the final incidence of the class of taxes under consideration

falls on consumption.

But, notwithstanding these conclusions and the incontrovertible

evidence by which they are supported, not a few persons occupying

places of great legislative influence, and no small part of the

general public, hold to the view that taxes on imports are really in

the nature of premiums paid by foreigners for the privilege of selling

their goods in the markets of the importing country, and do not fall

on its people who consume them. That means that if the foreigner has a

yard of cloth, or other commodity, which he sells at home for one

dollar, and the United States imposes a tariff of fifty cents on it,

he will then sell it for export to America at fifty cents. There is no

instance mentioned in history where this has ever been done, but

history unfortunately is rarely taken into account by the public in

the discussion of these questions. In this connection the following

historical incident is interesting and instructive: In 1782 an attempt

by the Congress of the Confederation of the several American States to

provide a system of revenue to defray the general expenses of the

Confederation by duties on imports, which then was not permissible,

was blocked by the refusal of the State of Rhode Island to concur in

it, the Legislature of that State unanimously rejecting the measure

for three reasons--one of which was that it would bear hardest on the

few commercial States, particularly Rhode Island, which in virtue of

their relations with foreign commerce monopolize imports, and lightest

on the agricultural States, that directly imported little or nothing.

Congress appointed Alexander Hamilton to draft a reply to Rhode

Island, and in his answer he relied mainly on what he regarded as an

incontrovertible fact, that duties on imports would not prove a charge

on an importing State, but on the final consumers of imports, wherever

they may be located.

Appletons' Popular Science Monthly, January 1899 Volume LIV, No. 3, January 1899 · 第 3 / 17 段