NEW YORK'S BLANKET EXEMPTION LAW.

Before taking up the subject of statistics, it will not be amiss to

quote the exemption law of New York as typical of church graft at its

worst. It will be seen that references to religious uses and purposes

are ingeniously smuggled in, side by side with much verbiage as to

institutions serving a public purpose, so that they may appear to fit

naturally among such bodies as so minister to the collective needs of

the community that they deserve to be subsidized by the state. For this

reason, it is best to cite the germane portions of the statute in

full, instead of isolating those that relate solely to the churches.

Incidentally, it will be noted that the churches are not once mentioned

by name. It is the nature of graft to seek shelter under evasion, and to

avoid clear expression of its intentions. The following, then, is drawn

from Section 4, subdivision 7, of the Tax Law of New York:

"The real property of a corporation or association organized exclusively

for the moral or mental improvement of men or women, or for religious,

bible, tract, charitable, benevolent, missionary, hospital, infirmary,

educational, scientific, literary, library, patriotic, historical or

cemetery purposes... and the personal property of any such corporation

shall be exempt from taxation. But no such corporation shall be entitled

to any such exemption, if any member or employee thereof shall receive

or may be lawfully entitled to receive any pecuniary profit from the

operations thereof except reasonable compensation for services in

effecting one or more of such purposes, or as proper beneficiaries of

its strictly charitable purposes; or if the organization thereof, for

any of such avowed purposes, be a guise or pretence for profit... or if

it be not in good faith organized or conducted exclusively for one or

more of such purposes. The real property of any such corporation or

association entitled to such exemption held by it exclusively for one

or more of such purposes, and from which no rents, profits or income

are derived, shall be so exempt, although not in actual use therefor by

reason of the absence of suitable buildings or improvements thereon, if

the construction of such buildings is in progress, or is in good faith

contemplated by such corporation or association.... Property held by

any officer of a religious denomination shall be entitled to the same

exemption, subject to the same conditions and exceptions, as property

held by a religious corporation."

In the comprehensive list of exempted classes of property enumerated

above, it will be observed that all save those of a religious nature

have at least some show of claim to be regarded as ministering to public

aims, or as essential to the existence of a civilized community, and

therefore deserving of public encouragement. Whether the claim is in all

cases sufficient to warrant exemption from taxation, need not be here

discussed. In the opinion of many students of the problem, nearly all

exemptions are illicit. Whether that be the case or not, it has been

made clear that the argument for taxing churches is stronger than that

for taxing any of the other classes, and the argument against it weaker.

This results from the fact that religion is more distinctly a matter of

the individual than is literature, science, education or philanthropy.

Hence, even if it be good public policy to subsidize these agents of

social progress, it by no means follows that the same is true of the

churches; while, conversely, the taxation of churches need not logically

embrace the taxation of any of the other classes. Each must stand on its

own merits; and in each case enter considerations that make it improper

to draw the fate of any one of them into that of any other. That a

mischievous and loosely drawn statute has bracketed them all together

should not blind us to the radical differences that exist among them, or

to the fact that none of the grounds on which exemption of most of the

others is defended apply in any degree to the churches.

Exempting the Churches An Argument for the Abolition of This Unjust and Unconstitutional Practice · 第 50 / 56 题