OUTLINES OF PUBLIC FINANCE OUTLINES OF PUBLIC FINANCE Copyright, 1921, by Harper & Brothera Printed in the United States of America P-TT TO EVANGELINE GROVES HUNTER MY CONSTANT AID AND INSPIRATION 48338 CONTENTS PAGE PREFACE xv CHAPTER I. INTRODUCTION 1 Public Finance Has Distinguishing Characteristics The Word Finance Has No Definite Meaning Public Finance Is a Division of Economics Public Finance Is Related to Other Sciences Different Methods of Study May Be Used The Systematic Study of Fiscal Problems Began in Italy French and German Scholars Followed Italian Writers in the Study of Fiscal Prob- lems Modern Fiscal Systems Have Well-defined Characteristics The Interest in Public Finance Is Increasing Public Finance May Be Studied Under Different Heads Supplementary Read- ing Should Be Followed. CHAPTER II. CHARACTERISTICS OF PUBLIC EXPENDITURES ... 22 Revenue Has Received More Study than Expenditures Early Writers Did Not Entirely Neglect Public Expenditures Early Systems of Expenditure Were Simple The Nature of Public 4- Expenditure Differs from Private Expenditure The Nature of Public Expenditures Has Changed with Changes in Forms of Government The Universal Tendency of Public Expenditure V Has Been to Increase Increase in Public Expenditure Is Not Confined to Any Political Unit Expenditures in the United States Show an Upward Trend Increasing Expenditures Can- , not Be Considered Apart from Other Factors Many Causes Are Responsible for the Growth of Public Expenditures Public Ex- penditures Supply the Less Material Wants All Public Ex- penditures Cannot Be Justified Public Expenditures Have Im- portant Economic Effects An Accurate Comparative Study of Public Expenditures Is Difficult Attempts to Find a Proper --- Proportion of Expenditure to National Income Have Failed. CHAPTER III. CLASSIFICATION OF PUBLIC EXPENDITURES ... 46 Many Bases Have Been Used in Attempting to Classify Ex- penditures Some Attempts at Classification Have Been Un- satisfactory The United States Census Bureau Classifies Ex- - penditures Expenditures May Be Divided into Four Classes, According to Benefit Conferred Important State Services Are Found in Each Class of Expenditure Reference to Statistics Shows Relative Importance of Principal Expenditures Expendi- viii CONTENTS PAGE ture for Protection Is an Important Item States and Cities Make Expenditures for Protection Expenditures for the Gen- eral Government Are for the Common Benefit Consular and Diplomatic Services Have Been Expensive Expenditures for Education Have Been Large Highways Are an Important Cause of Public Expenditure The Regulation of Private Indus- try Is an Item of Increasing Importance Many Miscellaneous Expenditures Are Made for the Common Benefit The Cost of Providing for Dependents, Defectives, and Delinquents Is Large Governments Often Give Pensions and Bounties to Individ- uals Some Expenditures Are for Individual as Well as Common Benefit Some Expenditures Are Primarily for the Individual. CHAPTER IV. THE DEVELOPMENT OF PUBLIC REVENUE .... 74 Most Demands of the Modern State Are Monetary Gratuitous Services to the State Are Unsatisfactory Public Revenues Re- ceived Many Early Classifications The Question of Public Lands Has Been Important The United States Has Disposed of Her Public Lands Agitation for the Public Retention of Forests and Mines Has Been Increasing States May Success- fully Conduct Some Forms of Industry The Post Office Is a Good Example of Government Enterprise States Enter Many Fields of Activity Public Ownership Has Had Most Rapid Ex- tension in Municipalities Revenue Has a Place of Relatively Small Importance in Modern Public Enterprise The United States Census Bureau Classifies Revenues Statistics Show the Rapid Growth in Revenues Secured by Governments The Majority of Modern Revenue Is Secured by Compulsion. CHAPTER V. TAXATION 97 Many Ideas of Taxes Are Inaccurate Some Terms Used in Con- nection with Taxes Are Important The Economic Effect of Taxes Has Received Much Consideration Adam Smith Gave Four Maxims in Regard to Taxes Many Attempts Have Been Made to Classify Taxes-praxes May Be Justified but Not Meas- ured by the Benefits Conferred by the State Faculty Is Usually a Satisfactory Measure for Taxes Many Problems Arise in Measuring Ability The Social Aspects of Taxes Deserve Con- sideration States Do Not Always Attempt to Follow Principles of Justice in Levying Taxes. CHAPTER VI. FEES, SPECIAL ASSESSMENTS, AND OTHER REVENUES 120 Several Factors May Be Considered in Classifying Revenues- Fees Have an Important Place in Revenue Systems The Char- acteristics of Fees Vary Fees Have Held an Important Place in the Fiscal Systems of European Countries Fees Have Been Used Extensively in the United States Fees Have Important Social and Political Aspects Special Assessments Resemble CONTENTS ix PAGB Taxes and Fees The Special Assessment Has Been Used More Extensively in the United States than in Europe The Justice of Special Assessments Has Not Been Destroyed by Difficulties Encountered in Their Use Prices Are Paid for Commercial Services Supplied by the Government States Have Sources of Revenue of Minor Importance. CHAPTER VII. REVENUE SYSTEMS OF IMPORTANT COUNTRIES . . 138 Modern Revenue Systems Have Developed Since Feudalism Early Taxes in England Took a Variety of Forms Later Eng- lish Taxes Are More Permanent Indirect Taxes Play an Im- portant Role in the Fiscal System of France The Prussian Tax System Has Had a Systematic Development Fiscal Develop- ment in American Colonies Was Not Uniform The Central Government Encountered Difficulties in Financing the Revolu- tion The Federal Constitution Contains Important Fiscal Pro- visions Numerous Taxes Make Up the Revenues of the United States Definite Tendencies Are Indicated by Fiscal Systems. CHAPTER VIII. THE SHIFTING AND INCIDENCE OF TAXES .... 157 The Justice of a Tax May Depend on Its Shifting and Incidence A Study of Shifting and Incidence Is Fundamentally a Study of Price General Poll and Income Taxes Cannot Be Shifted Land Taxes Are Often Called Burdenless Taxes Taxes on Buildings May Be Shifted The Capitalization Theory Has Been Ably Criticized All Taxes on Monopolies Will Not Be Shifted to the Consumer Taxes on Competitively Produced Goods Have Varying Effects Shifting of Taxes Is Influenced by the Elasticity of Supply and Demand. CHAPTER IX. CUSTOMS DUTIES 177 Modern Customs Duties Apply Chiefly to Imports Various Motives May Prompt the Levy of Customs Duties The Inci- dence of Customs Duties Is Important Problems Arise from the Use of Customs Duties Definite Principles Should Be Fol- lowed in Levying Customs Duties Early United States Tariffs Combined Fiscal and Protective Aspects The War of 1812 In- creased the Sentiment for Protection The High Tariffs Were Followed by Reduced Rates The Panic of 1857 and the Civil War Changed the Course of Tariff Rates Revenue Is Given First Consideration in English Tariffs Other Countries Have Used Tariffs for Industrial and Fiscal Purposes. CHAPTER X. EXCISE, CAPITATION, AND BUSINESS TAXES .... 202 The Federal and State Governments Impose Many Taxes Ex- cise Duties Are Taxes upon Consumption The Use of Excise Taxes Presents Various Problems Excise Taxes May Have Industrial and Social Effects Different Methods Are Used in x CONTENTS PAGE Levying Excise Taxes Excise Taxes Will Continue to Form a Part of Fiscal Systems The United States Has Effective Ma- chinery for Administering Excises The United States Did Not Use Excises Extensively Before the Civil War The Civil War Excises Have Been Permanently Retained Excise Taxes Have Important Places in Foreign Fiscal Systems Government In- dustries May Have Effect of Excise Taxes Capitation Taxes Are No longer Important in Fiscal Systems Business Taxes Have Been Extensively Developed in France and Prussia Business and License Taxes May Be Extended by American Fis- cal Authorities. CHAPTER XL PROPERTY TAXES 230 Taxes on Property Have Developed from Early Times Demo- cratic Ideals Have Influenced the Tax System The Southern and Western States Present Centralized Tax Systems Some Features of the Early Property Tax Do Not Now Exist Marked Variations Occur in the Assessment of Real Property Much Personal Property Is Not Assessed Difficulties Arise in Exempt- ing Property from Taxation Evils of Double Taxation Arise with the Use of Personal Property Taxes The Proper Handling of Indebtedness Is Difficult The Personal Property Tax Dis- criminates Among Classes The Personal Property Tax De- grades the Morals of Citizens The General Property Tax Is Intrenched in the United States. CHAPTER XII. PROPERTY TAX REFORM 256 Constitutional Provisions Present Difficulties Attempts Have Been Made to Correct Real Estate Assessments Many Devices Are Used in Personal Property Assessments Classification of Property for Taxation Has Been Attempted Limitations Have Been Placed upon Tax Rates and Borrowing Power The Sep- aration of Sources of Revenue Has Been Advocated The Pres- ent Tendency Is to Centralize Fiscal Authority The State Tax Commission Presents the Best Example of Centralization Tax- ation of Property Remains Unsatisfactory. CHAPTER XIII. INCOME TAXES 278 The Use of Income Taxes Represents a Developed Fiscal System. Difficulties Arise in Denning Income The Concept of Income Is Sometimes Modified to Conform to Justice in Taxation Vari- ations Occur in Methods of Levying Income Taxes Fiscal Au- thorities Meet Difficulties in Ascertaining and Classifying In- comes The Income Tax Has Been Successfully Used in England Prussia Has Used Income Taxes Successfully Many Other Foreign Countries Use the Income Tax Federal Income Taxes in the United States Have Had No Systematic Development- Federal Income Taxes Were Attempted in 1894 The Present CONTENTS xi PAGE Federal Income Tax Was Made Possible Through a Constitu- tional Amendment The Income Tax Was Modified by the Revenue Act of 1916 Defects Appear in Federal Income Taxa- tion Income Taxes Have Been Used by Several States. CHAPTER XIV. INHERITANCE TAXES 309 The Inheritance Tax Is Not of Recent Origin The Inheritance Tax Was Much Discussed by Early Economists The Inherit- ance Tax Is Widely Advocated at Present Some Justify the In- heritance Tax as a Regulator of Fortunes The Benefit Theory Has Been Applied to Taxing Inheritances The Inheritance Tax Conforms to Modern Fiscal Concepts Most Objections to the Inheritance Tax Are Weak The Courts Have Strengthened the Position of the Inheritance Tax Problems Arise in Formulating / Inheritance Tax Laws Conflicting Jurisdictions Create Serious 1 Problems The Federal Government Has Not Regularly Used Inheritance Taxes Inheritance Taxes Are Important in the Fiscal Systems of Some States The Inheritance Tax Is Used Extensively Abroad. CHAPTER XV. TAXATION OF CORPORATIONS *' 335 Different Causes Have Placed Special Taxes on Corporations Special Corporation Taxes Take the Form of Franchise Taxes Taxation of the Franchise to Be Presents Serious Problems Taxes upon Capital Have Been Most General Public Utilities Frequently Have Been Subject to Special Taxes A Tax on Gross Earnings Presents Difficulties Taxes on Net Earnings Have Not Been Satisfactory Taxes on Value Are Becoming More Popular Taxes on Public Utilities Are No Longer Needed for Regulation New York Furnishes the Best Example of Special Franchise Taxation Some Corporations Have Been Taxed in Special Classes Taxation of Foreign Corporations Has Proved Troublesome The Federal Government Taxes Corpora- tions Taxes Have Been Placed upon theJTransfer of Corporate Securities. CHAPTER XVI. THE SINGLE TAX * . " . . ~ . f . >'. T . * . 5 . . . 363 The Proposal for a Single Tax Is Not a New One Henry George Was Responsible for the Modern Single Tax Proposal The Single Tax Program Has a Broad Social as Well as Fiscal Significance The Principle of Natural Rights Is Not Generally Indorsed Social Values and Unearned Increments Are Not Confined to Land The Social Claims for the Single Tax Have Not Been Proved The Use of the Single Tax Would Reveal Undesirable Features and Difficulties The Burden of the Single Tax Would Be Most Severely Felt by Rural Districts Various Tactics Have Been Employed in Propagating the Single Tax The Single Tax Campaign in Oregon Did Not Show Substantial Results The xii CONTENTS Advocates of the Single Tax Have Been Active in Other States The Single Tax Has Found Adherents Outside the United States The Single Tax Agitation Has Emphasized Defects in Our Fiscal System. CHAPTER XVII. PUBLIC INDEBTEDNESS 387 Indebtedness Is Characteristic of Modern Fiscal Systems All Aspects of Public and Private Debts Are Not the Same The Economic and Political Effects of Public Indebtedness Are Im- portant All Countries Have Not Taken the Same Attitude Toward Extinguishing the Public Debt Public Debts May Take a Variety of Forms Many Problems Arise in Floating a Bond Issue Administering a Public Debt Presents Complex Problems A Study of Indebtedness in the United States Pre- sents Interesting Conclusions The Indebtedness of Many ^ Countries Has Reached Vast Proportions. CHAPTER XVIII. THE ADMINISTRATION OP PUBLIC FUNDS . . 414 The Importance of Proper Fiscal Administration Has Been Underestimated The Administration of Public Funds Should Harmonize with Other Institutions The Expenditure of Public Funds Is Carefully Scrutinized Revenues and Expenditures Should Be Closely Correlated England Has Done Much to Systematize Her Fiscal Operations Many European States Use a Form of Budget -The Fiscal Machinery of Canada Resembles That of England Budget Development in the United States Has Been Toward an Unsystematic System The Present Plan of Estimating Revenues and Expenditures Is Unsatisfactory Much Agitation for Budget Reform Has Developed The Bud- get System of Fiscal Administration Is Found in Many American States The Administration of Municipal Finance Is Receiving Much Attention The Outlook for Proper Fiscal Administration Is Encouraging. CHAPTER XIX. FINANCING AN EMERGENCY 445 Expenditures for War Furnish the Best Examples of Emergency Financiering The Problem Is to Secure Revenue or Materials Borrowing Possesses Some Evident Advantages Borrowing Is Likely to Increase the Cost of War Borrowing Does Not Shift the Burden of War to the Future The Extensive Use of Taxes Has Much to Commend It Borrowing Usually Has a Legiti- mate Place in Emergency Financiering The Proper Combina- tion of Loans and Taxes Forms the Best War Finance Policy Earlier Wars of the United States Were Financed Largely Through Borrowing The United States Made Extensive Use of Taxes in Financing the Great War Administrative Problems Developed from the Tax Laws The United States Borrowed Extensively During the Great War Fiscal Problems Did Not CONTENTS xiii PAGE End with the War England Financed the War Through a Com- bination of Loans and Taxes The Revenue of France Was Secured Largely by Borrowing The Central Powers Used Loans Most Extensively The Methods Used by the Different Coun- tries Present Interesting Comparisons. CHAPTER XX. THE COST OP THE WAR 484 The Cost of War Presents a Variety of Aspects The United States Was Not Free from War Costs During Its Early History The Civil War Augmented Our War Burden The Cost of the Great War Eclipsed Any Previous War Expenditures The Ex- pansion of Money and Credit Greatly Affected the War Cost The Indirect Costs of the War Must Not Be Overlooked. CHAPTER XXI. CONCLUSION 506 The Fiscal Burden Will Continue to Be Large Different Politi- cal Units Will Use the Same Bases for Taxes The Social Point of View Has Gamed in Prominence The Employment of Fiscal Experts Is Encouraging The Study of Fiscal Subjects Is In- creasing A More Enlightened Public Is Needed Tax Laws Need Simplification Attempts Have Been Made to Outline a Model System of Taxation. INDEX 519 PREFACE INTEREST in fiscal problems has grown rapidly. Twenty- five years ago the subject matter of Public Finance aroused comparatively little discussion. While public ex- penditures were continually on the increase, wealth and population were increasing more rapidly, so that no greater per capita burden was felt by the citizen. To-day the situation is different. The demands upon the public purse have become so large, because of extended and increased governmental activities, that the burden of taxes has begun to be felt, and in many cases it has begun to cut deeply. A few decades ago, therefore, the principles of Public Finance primarily commanded the interest of pub- lic officials, while at present the citizen upon whom the tax burdens fall is also interested. He is beginning to ask what is being done with the funds he has paid in taxes, whether he is paying more than his share, whether the funds are properly handled, and what can be done to secure a better fiscal system. The nature and rapid increase of public expenditures, as well as the objects for which they are made, have be- come of general interest. The public has learned to place so much reliance upon the activities of the government that it is continually demanding that new activities be undertaken and that old ones be carried out more efficiently. The per capita expenditures of the cities for education, and the expenditures of the states for educa- tion and the care of defectives, delinquents, and depend- ents, have reached an amount that would have been considered enormous a few years ago. The nature of the expenditures of the different political units, the extension xvi PREFACE of governmental activities, accompanied by increased tax burdens, have caused the individual to weigh more care- fully the resulting utilities. The greatest item of expendi- ture, and the one which has made tax burdens most press- ing, has been for war or the preparation for war. The Great War has caused the indebtedness of the principal nations to reach figures which are incomprehensible, the burden of which will last for years. Consequently, the nature and growth of public expenditures, the forms and costs of public indebtedness, the possible methods of financing an emergency, such as a war, as well as the direct and indirect costs of war, are no longer of interest to fiscal officials alone, but are commanding the attention of the general public, upon which the burden finally rests. The rapid increase in public expenditures has made it necessary to seek new fields for revenue, and the taxpayer has come to demand a justification for the new taxes he is called upon to pay. The Federal government still relies extensively upon customs 7 duties and excise taxes, and these, of course, deserve consideration; but in recent years it has begun to use corporation taxes, income taxes, excess profits taxes, and inheritance taxes. The states have ceased to secure their entire amount of revenue from property taxes, but are using corporation taxes, business and license taxes, income taxes, and inheritance taxes as well. The localities are supplementing property taxes with numerous license payments. These are taxes the burden of which the citizen is required to bear, and he not only has the right to know something of their merits and difficulties, but it is his duty to be informed. To accomplish this a somewhat extended discussion of each of these forms of revenue becomes necessary. The pressure of the tax burden has caused much con- cern about justice, the pointing out of many problems, followed by many suggestions for reform. The proper method of levying a tax, together with its shifting and incidence, can be properly understood only when the dis- PREFACE xvii cussion is based upon sound economic principles. Loose thinking, which has otherwise resulted, has been respon- sible for the proposal of reforms which cannot stand under the light of reason. Some of these, such as the single tax, have been propagated to such an extent as to need special emphasis, while others can be dismissed much more easily. It is to help the student, the general reader, and the public official to secure a better understanding of the nature of public expenditures and revenues, and the prin- ciples which underlie a sound fiscal system, that the fol- lowing chapters have been written. They are in no sense an exhaustive treatment, but, as the title of the book in- dicates, an outline, which could easily be expanded. An attempt has been made to eliminate tedious theoretical and philosophical discussions, which cannot easily be understood, as well as to limit the amount of historical material. Some theory will, of course, be found in the necessary underlying economic principles, and historical backgrounds and illustrations will frequently be used. Primarily, however, the purpose is to emphasize the prac- tical aspects of the field of Public Finance, and to acquaint the taxpaying citizen with the important aspects of ex- penditures and revenues with which he is continually coming in contact. In a book of this nature it is impossible to acknowledge all the sources to which one is indebted. Much of the material has been collected from general reading for my courses in Public Finance and Taxation, and acknowledg- ment must be made to all the important writers in this field. I cannot refrain from mentioning Profs. A. A. Young and T. S. Adams, under whose instruction my interest in fiscal problems began to develop. Many of my friends and colleagues at the University of Illinois have rendered valuable assistance. Dean Charles M. Thompson has devoted much time to reading the manu- script and has given many valuable suggestions, as has xviii PREFACE also my colleague, Prof. N. A. Weston. Mr. E. E. Leisy, of the department of English, carefully read the entire manuscript for corrections in composition. Others have assisted in reading proof and in numerous other ways, an indebtedness to whom I hereby acknowledge. M. H. HUNTER. URBANA, ILLINOIS, July 1, 1921. OUTLINES OF PUBLIC FINANCE CHAPTER I INTKODUCTION z* Public Finance Has Distinguishing Characteristics. Man is by nature a social being, and consequently seeks the association of his fellow creatures. As this association develops and becomes more complex, the need for establishing and enforcing certain regulations appears, and governments are inaugurated to safeguard property and insure the orderly conduct of the com- munity. The extent of governmental activities depends largely upon the degree of advancement in civilization. Among the primitive and backward peoples, the functions of governments are few and ill defined; whereas in highly civilized states they are numerous and, although often very complex, they are, nevertheless, well defined. The march of progress in the development of government is from the simple to the complex, and the more complex the organization the more numerous and difficult are the problems which present themselves. The members of an advanced social group frequently fail to comprehend the extent to which they are indebted to their government for the services which it renders them. The Constitution of the United States, for ex- ample, guarantees to the citizen the protection of life, liberty, property, and the pursuit of happiness; yet he often forgets that this guarantee entails the maintenance of armies and navies, of legislatures and judicial systems. 2 ' OUTLINES OF PUBLIC FINANCE Th* postman makes his semi-daily delivery of mail without a consideration by the ordinary citizen as to why or how. The modern progress in science, literature, agriculture, industry, and commerce is a matter of pride to every citizen, although the contribution of the various governmental units toward such progress is often for- gotten. Government aid has fostered the development of educational institutions, the result of which has been that the development of science and literature has been hastened; experiment stations and schools have trans- formed agricultural methods; active health campaigns have wiped out the cause of diseases and pestilence; patent laws have stimulated inventions for the develop- ment of industry, and copyright laws have enhanced the quantity and quality of literature; while sound currency and banking systems have made possible modern commercial life. A government has no superhuman power in exercising the important function of supplying materials and serv- ices to a social group. It cannot create the materials and services, but must either secure them from some already existing source, or cause them to be produced, either by its own activities or by the activities of some other agency. The methods used by governmental units in securing materials and services differ widely, and after they have been secured the uses to which they may be put also differ widely. None the less, it is a part of the business of governments to secure the means of supplying the various demands made upon it by its citizens. The subject matter of Public Finance has to do with that group of governmental functions which have to do with the getting and using of materials and services. 2. The Word "Finance" Has No Definite Mean- ing. In the English language, at least, no definite meaning is attached to the word " finance." A descrip- tive adjective is often needed to clarify the intended meaning and to avoid ambiguity. Such expressions as INTRODUCTION 3 "private finance/' " corporation finance/' "high finance/' and " public finance" are common in the daily newspapers. There are treatises on corporation finance, for example, which explain the nature and business methods of cor- porate organizations. The use of the term "finance" in connection with a firm, business, or individual fre- quently has reference to the condition of the capital or assets, as, for example, "the finances of this business are in good condition." The ambiguity which arises with the use of the word "finance," unmodified, may be avoided when the use of the adjective is contemplated. Two forms of the word appear " financial" and "fiscal" and a uniform use of the words for particular meanings would be conducive to clearness. The word "financial" has had no definite meaning. A financial magazine, for example, treats of stocks, bonds, dividends, and similar items, while the financial condition of a country has to do with its money, credit, and banking. The word "fiscal," however, has usually had a more definite meaning, although its use has not always been clearly separated from that of "financial." For the most part, however, "fiscal" has been used in referring to the expenditures and revenues of political bodies. A financial year, for example, might refer to any number of conditions, while a fiscal year more definitely refers to the revenues and expenditures of a political unit for a particular period of time. The fiscal year of the Federal government begins July 1st and ends June 30th. In this book the word "fiscal" will be used to refer to conditions which are related to revenues and expenditures of political bodies. Public Finance is primarily concerned with fiscal as- pects, yet these aspects are often substantially influenced by financial circumstances. A sound and efficient banking and currency system, for example, materially aids in the collection and expenditure of public revenues. It may not always be possible, indeed, to separate the fiscal from 4 OUTLINES OF PUBLIC FINANCE the financial conditions, as when, in times of war, a gov- ernment issues fiat money or treasury notes for the pur- pose of securing funds. Fiscal authorities are likewise concerned about the financial conditions of industries, because it is to productive enterprises that they must turn as an important source of revenue. Panics and crises, moreover, do not affect industries alone, but the fiscal condition of political bodies as well. A distinction can generally be drawn between aspects of a fiscal and of a financial nature, and our concern in this book will be with the former aspects which deal with expenditures and revenues of governments. 3. Public Finance Is a Division of Economics. There has been some discussion as to whether the study of Public Finance properly belongs in the field of Econom- ics. Some writers treat fiscal problems in their works on general economics, while others treat the problems under the caption, " Economics and Public Finance." Still other writers on general economics give no discus- sion of public expenditures and revenues. The great amount of attention which has been devoted to a dis- cussion of private consumption, production, and dis- tribution has emphasized the importance of these phe- nomena, yet the fact remains that public revenues and expenditures are of sufficient economic consequence to command the attention of students of economics. The principles which underlie the study of Public Finance are clearly the same as those which underlie the study of the other fields of economics. Economics deals with laws which govern the activities of individuals in the expenditure of energy to supply their wants. Public Finance is also a study of the exertion of individual effort to supply wants. Governments secure, through taxes or otherwise, some of the returns from individual effort as a prerequisite to supplying materials and services. The individual is concerned with comparing the utility fur- nished by the government with the utility he could have INTRODUCTION 5 secured had the government made no demands upon him. No individual income can remain unaffected when a part of it is taken in the form of a tax. Public funds are frequently used, either to aid private production or directly to carry on productive enterprises. Those who are interested in efficient production must be concerned about such uses of public funds, and those who have the direction of public funds for productive enter- prises should know the economic principles upon which efficient production rests. The successful management of a government industry must be based upon just as sound economic principles as is a successful industry conducted by individuals. When the effect of securing revenues in different ways is considered from the standpoint of jus- tice, some definite theory of distribution must be in mind. The suggestion to adopt a rigorous single tax, which would take the economic rent of land in taxes, immediately arouses the interest of those who are concerned with rents and land values. Any income, whether it is paid from a public purse or from a private purse, is of economic con- cern. Fiscal officials are concerned with the relationship of cause and effect in the collection and use of public revenues; here the thought is guided by the same eco- nomic laws that govern in the problem of the distribution of wealth. The underlying principles of Public Finance, then, are the same as those upon which all sound economic reasoning is based. 4. Public Finance Is Related to Other Sciences. The subject matter of Public Finance is of such a nature that its study cannot be separated from that of other sciences. Students of the subject must take frequent excursions into the related fields of Political Science, History, Sociology, and Ethics. Likewise, those who are primarily interested in these related subjects find that account must be taken of the workings of the principles of Public Finance. Relation to Political Science and History. The principles 6 OUTLINES OF PUBLIC FINANCE which underlie a study of expenditures and revenues have a dependence upon Political Science second only to that which they have upon Economics. The form of govern- ment under which the citizens live and the officials work is of the utmost importance. Differences in the method of conducting fiscal affairs would necessarily be found in states of autocratic, democratic, socialistic, or individu- alistic governmental tendencies. Many political re- straints exist, also, either because of constitutional or legislative provisions, which must always be taken into consideration by the fiscal student or official. In the United States, for example, a tax would not be levied upon exports because of constitutional restrictions to that effect. Political expediency, moreover, is often so im- portant in fiscal matters that it takes precedence over the soundness of economic principles which might be applied. Revenues must be had quickly, at times, and that method is used which will supply the needed funds, notwithstand- ing the economic objections which might be raised. The interest in Political Science cannot be separated from the principles of Public Finance. Revenues must be secured to carry out the policies of executives and legislators. Many of the compromises which have been written into constitutions and statutes have been formu- lated by fiscal considerations. Officials must always be concerned about the exaction and use of funds, for there is no surer and quicker method for gaining the disfavor of a constituency than through the misuse of public revenues. That would be a poor fiscal policy which took no con- sideration of the activities of the past, with then- result- ing successes or failures. A study of history, consequently, is an invaluable asset in helping to formulate modern fiscal policies. Countries have different characteristics, thek citizens have peculiar traits, and it is only by a study of history that these can be properly interpreted. It is because of these inherent differences that a successful system for obtaining revenues in one country would abso- INTRODUCTION 7 lately fail to give satisfaction in another. The student of history, moreover, can be no less interested in what Pub- lic Finance has to offer. In tracing revolutions and con- stitutional reforms, for example, he will frequently find that fiscal considerations have had an important in- fluence, if, indeed, not an overwhelming one. Relation to Sociology and Ethics. The problems of social reform and those of Public Finance are, at present, in- separably related. No longer is the individual held en- tirely responsible for bettering social conditions, but the various governmental units have adopted this activity as one of their primary functions. So extensively have they entered this field that one of the largest single items of expenditure is for the classes of delinquents, defectives, and dependents. The enormous sums which are spent annually upon social institutions are of vital interest to the students of expenditures and revenues. The student of sociology is no less interested. He must be concerned with the results of government activities of this nature, and compare these results with what has been accom- plished through other avenues of endeavor. Ethical considerations must not be omitted from the discussion and formulation of fiscal principles. When the burden of a tax does not rest where it is placed, but is shifted on to some one else, the question of justice im- mediately presents itself. The same question also arises when proposals are made to tax some individuals or classes at a higher rate than others. The fiscal system is fre- quently called upon to help solve the problem of evil through the regulation or elimination of undesirable in- dustrial or social institutions. Examples of this are the use of taxes to eliminate the circulation of state bank notes, and to regulate the use of intoxicating liquors. It is clearly demonstrated, then, that Public Finance is far from being an independent science, but draws heavily from other fields as well as supplies much material to them. 8 OUTLINES OF PUBLIC FINANCE 5. Different Methods of Study May Be Used. Public Finance is properly grouped among the social sciences, and, as just indicated, it is closely related to a number of these. Its field is definite enough, however, to admit of independent scientific investigation. It deals at once with principles and their application ; it is, therefore, both an art and a science. The art nature appears when the formulas which have been discovered through the scien- tific processes of investigation begin to be applied. It was a scientific process, for example, by which it was dis- covered that the burden of taxes does not always rest where it is first placed. The art nature appears when this principle of shifting burdens begins to be used to cor- rect injustices, and to inaugurate a more symmetrical fiscal system. Both aspects are important the scientific aspect to the student who is primarily interested in dis- covering general truths and laws, and the art aspect to the student who is concerned with the application of formulated principles for the purpose of securing desirable changes in the fiscal conditions. Method of Study. Some writers have entered exten- sively into a discussion of the proper methods of approach to the study of Public Finance, but space does not war- rant an extended discussion of this subject here. Some have maintained that the study is primarily " inductive," while others have been just as strong defenders of the " deductive" method of approach. As a matter of fact, both methods have a place and are used simultaneously. Since it is to a great extent a derived science, it necessarily borrows a number of rules and laws, which, as general principles, are bases for further reasoning. With the use of these principles from which to start, it may be con- sidered as a deductive science. These principles them- selves have been derived, on the other hand, through the processes of inductive reasoning the formulations have been made only after bringing together a number of indi- vidual cases from which conclusions could be drawn. INTRODUCTION 9 While the modern study, then, partakes of both inductive and deductive reasoning, yet its early development was marked by the almost exclusive use of the inductive method. Comparative and historical studies also have an important place in the study of Public Finance, for much can be gained from knowing what other governmental units are doing and have done to determine fiscal prin- ciples and to solve fiscal difficulties. Extent of Study. More important than method of study, perhaps, are the classes of persons whose interest Public Finance should command. The idea has been too prevalent that a knowledge of its principles would be use- ful only to the officials who are handling the business of the government, and that they have no practical applica- tion for the average citizen. No belief could be more erroneous. While it is of utmost importance that officials who have the direction of fiscal policies should be well versed in the underlying principles of Public Finance, it is none the less true that their constituents should be well informed in the same field. Never before in the history of the world has such a knowledge been so vital. De- mocracy has been growing apace, with the prevailing idea that it is the panacea for political ills. There is no virtue in self-government itself to cure these ills, nor is there any condition hi democracy to insure its survival, unless the voters be properly grounded in the principles necessary to insure an enduring state. The mere vote is not suffi- cient; the voting must be intelligent as well. The manner in which the purse strings are controlled is of paramount importance, for in no field of governmental activity are corruption and abuse so likely to creep in. The modern writer should attempt to dispel the current notion that fiscal treatises are dismal and uninteresting, and should aim to vitalize them in connection with the life of every citizen. 6. The Systematic Study of Fiscal Problems Began in Italy. Public Finance is, at present, usually given a sub- 10 OUTLINES OF PUBLIC FINANCE ordinate place in the study of economics. In the order of development, however, the study of Public Finance is much older than that of the general principles of eco- nomics in fact, it was the center around which the early economic discussion developed. It was not until after the Middle Ages, however, that fiscal problems reached a degree of importance to warrant careful and systematic investigation. Before and during the Middle Ages refer- ences to the fiscal aspects of the state are not lacking in the numerous political and historical writings which are to be found. During this period the finances of the state were practically synonymous with those of the prince, and their study is of the principles of private finance rather than that of fiscal problems. The development of commerce and trade caused a change in the situation. Cities and city-states that had little connection with the domain of the prince grew and flourished. The initial appearance of this situation came in Italy. The opening of the Mediterranean route of commerce, with its subsequent domination of world trade, made Italy the commercial center of the world. The rapid growth of such city-states as Florence and Naples led to a corresponding growth in their fiscal needs. It was in these Italian city-states of the fifteenth century, moreover, that the first systematic study of the principles which are properly included in the field of Public Finance made its appearance. The discussion centered around such questions as progressive taxation, the administration of revenues, and a systematic classification of expenditures. Many of these early ideas have much in common with modern expressions concerning fiscal subjects. 7. French and German Scholars Followed Italian Writ- ers in the Study of Fiscal Problems. By the latter part of the sixteenth century political organizations had so changed that more attention to fiscal problems became imperative. The disintegration of the feudal regime caused concern to the public officials because a remodeling INTRODUCTION II of fiscal policies became necessary. Jean Bodin, a French- man, first sensed the need for a systematic study of these changing political and fiscal conditions. His treatise, Les six Livres de la Republique, was published in 1576, and exerted a marked influence upon future fiscal and political writings. He considered the nerves of the state to be found in the proper management of its expenditures and revenues, and contended that revenues must be raised honestly, that they must be used for the profit and honor of the state, and that a part should be saved for a tune of need. After the works of Bodin, a decided lull appeared in the interest which was given to the study of expenditures and revenues of the country. It was not until the eighteenth century, when the abuses of the government in handling the public treasury became boldly open and flagrant, that any expressed interest in the study of fiscal problems again appeared. The revival of investigations of this nature was begun by Vauban, who published his Project for a Royal Tythe in 1707. His plan centered around an income tax which was to be supplemented by a number of indirect taxes. A work which had considerable influence upon future fiscal development was the Esprit des lois, which was published by Montesquieu in 1748. Besides con- demning the institution of public credit, he discoursed at length upon the influence which different forms of gov- ernment exert upon fiscal systems. One of the distinct contributions of the French to fiscal and economic thought came through the physiocrats, of which Quesnay and Turgot were leaders. Quesnay pub- lished the famous Tableau ceconomique in 1758. He did much to develop a consistent theory of production and distribution, and correlated his system for securing rev- enues to the theory which he developed. The theory which was proposed for land taxes will be noticed in a subsequent chapter. 1 A number of modern French stu- 1 See the chapter, "The Single Tax." 12 OUTLINES OF PUBLIC FINANCE dents, of whom the best known is Leroy-Beaulieu, have turned their attention to fiscal problems. Leroy-Beau- lieu's works are considered among the best in the field of Public Finance, and his Traite de la Science des Finances is especially worthy of study by all who are interested in fiscal problems. German Writers. German writers were but little be- hind those in France in taking up a study of the problems connected with expenditures and revenues. At first the influence of French writers can be clearly discerned, but it was not long before the investigations of the German scholars divorced themselves from foreign influences. Many writers have appeared in the field, of whom the first of importance was Von Justi. His Staatswirthschaft was published in 1755. He treated public expenditures in detail, considered that incomes from public domains should be the base for a sound fiscal system, yet treated the economic and political effects of the various kinds of taxes. The large number of treatises which the German fiscal students have given disclose not only an uninter- rupted, but a systematic development of fiscal investiga- tions. An important work of the early nineteenth century (1832), which treats different phases of fiscal problems, was the Grundsdtze der Finanzwissenschaft, by K. H. Rau. More modern works of a general nature have been by G. Cohn (Finanzwssenschaftj 1889), and by A. Wagner (Finanzwissenschaft, 1883-1899). 8. English and American Scholars Have Studied Fis- cal Problems. The first real interest in fiscal problems shown by English writers was displayed by the transla- tion of Bodin's work into English, at the beginning of the seventeenth century. Some chance reference to fiscal problems may be found in earlier writings, but they are of such a nature as to indicate that only a very casual in- terest was taken in such problems. A half century after the translation of Bodin's work, Sir William Petty pro- duced the first English work (1662), a Treatise of Taxes INTRODUCTION 13 and Contributions, that properly can be said to deal with the subject matter of Public Finance. His classifications of expenditures and revenues are interesting to modern students. They show the change in the relative impor- tance of the various items which have been, and are, the objects of governmental expenditures. The Wealth of Nations. More than a century passed after the publication of Petty's treatise before another systematic study of fiscal problems was produced. This was in 1776, when Adam Smith published his Wealth of Nations, and thereby planted a new milestone in the progress of fiscal development. Before this, however, the continual increase of expenditures and indebtedness in England caused much debate, and many half-hearted sug- gestions were made for reform, yet nothing in the form of a systematic treatise appeared. Adam Smith has received most mention as an econo- mist. He has, indeed, been called the father of Political Economy, and his Wealth of Nations is looked upon as the first general treatise on this subject. It may just as truly be called the first great treatise on that phase of economics which we now define as Public Finance. The title of the work is indicative that the contents are of this nature. Nations at that tune were becoming more and more con- cerned about the possible sources for the increased rev- enues which growing expenditures were constantly de- manding. The mercantilistic school had been advocating the doctrine of restrictions upon trade, commerce, and industry, by which it was expected to bring more wealth, either directly or indirectly, into the coffers of the state. It was against this artificial regulation that Adam Smith revolted. He purposed to show in his work that a nation could obtain a greater store of wealth, that it could have a greater source of revenue if the government would allow trade and industry to take their own course through a proper division of labor and capitalistic production. The function of the government, instead of attempting to 14 OUTLINES OF PUBLIC FINANCE regulate commerce and industry, was to supply facilities to aid in carrying on industry, commerce, and exchange, such as sound systems of currency, banks, and credit. This purpose explains his "inquiry into the nature and causes of the wealth of nations." The worth of Smith's treatise was soon recognized, and it was almost immediately translated into a number of foreign languages, and in this way it was destined to in- fluence the trend of fiscal thought for years to come. Fiscal subjects continued to call forth discussion and writing, yet English writers produced nothing after the Wealth of Nations until comparatively recent years which can in reality be called a systematic treatise on Public Finance. This recent treatise was written by C. F. Bas- table (Public Finance, 1903). It is still considered as an authority on the subject and can be read with profit by all who are interested in problems relating to revenues and expenditures. Studies in the United States. A systematic study of fiscal problems was not made in the United States during the earlier years of its development. The functions which the government performed were few, and entailed little expense. The citizens were prosperous, and the fiscal burdens were not seriously felt. As more public activities were undertaken, and as the burden of revenues became more pressing, inquiries began to be made by individuals and commissions as to possible changes and remedies. As a result, many sporadic reports appeared, yet no system- atic study of fiscal problems was made until Henry C. Adams published The Science of Finance, in 1898. This continues to be the most important American work in the general field of Public Finance. Much work has been done since then, the most extensive of which has been by D. A. Wells and E. R. A. Seligman. Wells's book, The Theory and Practice of Taxation, appeared in 1900, the nature of which is indicated by the title. Seligman has written a number of volumes, the most important of which are INTRODUCTION 15 Progressive Taxation in Theory and Practice, published in 1908, Shifting and Incidence of Taxation, published in 1910, The Income Tax, published in 1914, and Essays in Taxation, published in 1915. Brief treatises of the field of Public Finance have been written by W. M. Daniels (The Elements of Public Finance, 1899), and by C. C. Plehn (Introduction to Public Finance, 1920). Mention should also be made of the work done by the various tax commis- sions and by the National Tax Association, the results of which are available in numerous reports and proceedings. 9. Modern Fiscal Systems Have Well-defined Char- acteristics. The rapid growth of democracies and con- stitutionalism has been indicated in the preceding topic. With this growth some well-defined characteristics of fiscal policy have also developed. These have been outlined by Prof. W. M. Daniels in a way which cannot be improved upon, and they are repeated here to portray the close relationship which exists between the fiscal activities of governments and individuals. 1 The first characteristic of modern fiscal policy is that there is a normal and calculable field of government activity. During the Great War government expendi- tures mounted to unprecedented and almost unbelievable heights, which seems to disprove the characteristic just mentioned. This, however, is the exception which helps to prove the truth of the statement. In the modern era wars, with their large and incalculable expenditures, have represented an abnormal state of society. In the earlier stages of its development, however, the peaceful pursuit of industry was the abnormal course. Under normal mod- ern conditions, then, the citizen can pursue his occupation with the feeling that the state will require nothing unusual of him. Modern fiscal science has become so exact, in fact, that officials are able to predict the revenues and expenditures for a coming year to within a fraction of one per cent. 1 W. M. Daniels, Elements of Public Finance, p. 7. 16 OUTLINES OF PUBLIC FINANCE A second characteristic is the periodic exaction of money from citizens for the support of the state. Such a state- ment appears axiomatic in the extreme to the citizens of a modern political unit. In a following chapter the de- velopment of taxation will be discussed, and it will be found that the exaction of revenue from citizens is a com- paratively recent phenomenon. Early revenues came from other sources than from exactions from the citizens. These were called upon only in case of extraordinary need. The third characteristic, the necessity for which has already been suggested, is the popular control over in- come and expenditure. The growth of constitutionalism has been more marked, perhaps, by the control of the property owners over state expenditures than by any other single feature. Many constitutional changes have been inaugurated in order to secure this control, and when once secured the principle has always been closely guarded. Some modern proposals for tax reform, which will be dis- cussed later, give little consideration to this principle, yet it still stands at the top of the requirements for safe con- stitutional government. The fourth characteristic given by Professor Daniels is the universality of public credit. This could reach a growth of any appreciable size only with the development of constitutional government. The probability of the repudiation of public debts decreased in proportion to the amount of control which the public gained over fiscal policies. As long as rulers could repudiate the debts of the state at will and this was frequently one of the first acts of a new ruler public credit could have very little stability. With a condition of popular government the individual is lending where he has some control over payment, and he will take every possible precaution to prevent officials from refusing to meet the state's obli- gations. 10. The Interest in Public Finance Is Increasing. Another characteristic of the new era, as marked as those INTRODUCTION 17 which have just been considered, is the present wide- spread interest which fiscal considerations have succeeded in arousing. This can be accounted for partially by the rapid expansion in the number of activities which the state has undertaken. The individual has kept demand- ing that the state increase its sphere of activities, and the supplying of these demands has caused expenditures and revenues to mount higher and higher. There are few who did not cringe at our first billion dollar Congress, while if such a small amount would be spent by Congress in any year in the future, the event would, no doubt, be looked upon with astonishment. That a citizen does not agree in the propriety of the activities of the government should not detract from his interest in the fiscal aspect; rather, this very situation should stimulate a greater interest, the result of which would be to demand investigation, reform, and, if necessary, a retrenchment in expenditures. As concrete evidence of the interest which is being shown in fiscal subjects, the numerous commissions which are working in the field furnish examples. A majority of our states have tax commissions, while the Federal gov- ernment has directed many investigations into problems of a fiscal nature. The numerous reports of these regular and special investigating commissions provide some of the most helpful literature in the field of Public Finance. Another evidence of this rise in the general interest is the large number of conferences which are continually being held for the purpose of investigating and discussing fiscal problems. Neither this recent literature nor the delib- erations of the conferences are of a technical nature, but are admirably adapted to furnish enlightenment for the average citizen on the expenditures and revenues of the various political units to the support of which he is contributing. ii. Public Finance May Be Studied Under Different Heads. The subject of public revenues has always been given a prominent place in fiscal discussions. Early Eng- 18 OUTLINES OF PUBLIC FINANCE lish writers gave little attention to any other part of the science. Germany is the only country which can be said to have given early and consistent attention to the entire subject matter of Public Finance. The lack of interest in the other phases than revenue can be partially accounted for by the laissez-faire doctrine which dominated England, France, and the United States. Even yet there has been comparatively little study of any field but revenues, while this is largely limited to a study of taxation. In this vol- ume, expenditures, public indebtedness, and the adminis- tration of public funds will be given some attention. The major part of the space, however, will be devoted to pub- lic revenues. Expenditures Important. A more extensive interest is developing in regard to public expenditures, and it is highly important that the public should be informed as to the use which is being made of the funds which it has contributed. Public fiscal officials occupy a peculiar posi- tion in that they have the duty and opportunity of spend- ing funds, the burden of which is not felt by themselves. Too often they fail to consider that the amounts which they demand and spend might have been used to better advantage had they been left with the individuals from whom they were taken. Public expenditures, moreover, may frequently be made for objects which are in them- selves admirable, but which, at the same time, impose too heavy a burden upon the citizens. A temptation always exists with the expenditure of funds which are not one's own, and this temptation tends more often to unwise and extravagant expenditure than to parsimony. The surest means of control lies in the use of the ballot, and it is only through a knowledge of how and where expendi- tures are made that this can be intelligently and effec- tively used. In the work of this volume, the first consideration will be given to public expenditures. Their growth and de- velopment will be noted, as well as the change in the INTRODUCTION 19 character of the objects for which public funds have been used. Explanations of their enormous increase will be attempted. A comparison between the nature of public and private business will be made, as well as a comparison of the wants which the individual supplies directly for himself and those for which he makes indirect provision through the agency of the state. The relative increase in our Federal, state, and local expenditures will be noted, and some explanations of the increases will be given. Various classifications of expenditures will be considered, while particular consideration will be given to a classifica- tion according to the methods of conferring benefits. Revenues and Indebtedness Considered. The considera- tion of public revenues, which will follow that of expendi- tures, needs no justification, since such consideration has always been the topic of paramount importance in trea- tises on fiscal subjects. The needs of the early state will be taken up, and some attention will be given to the early attempts to classify revenues. Notice will be made of revenues from public domains and public industries, in- cluding a brief discussion of the public land policy of the United States. The development and justification of the various forms of taxes used by the different governmental units will command the most attention in the discussion of revenues. Less space will be devoted to the indebtedness of states than to their revenues. The problem of indebtedness, however, is one of primary importance in present-day fiscal systems, because this method of securing funds is being called into use more and more to meet ordinary needs rather than the extraordinary ones, which were considered in earlier times the only legitimate purposes for borrowing. The enormous debts which were saddled upon the important nations of the world by the Great War make a study of this phase of the subject all the more interesting and necessary. Reasons for the gradual increase in public debts will be noted, together with some 20 OUTLINES OF PUBLIC FINANCE of their more important economic effects. The methods of securing loans and canceling indebtedness will be studied, while some comparisons of the indebtedness of the more important nations will be made. The Administration of Funds. The importance of the proper administration of public funds has but recently received general recognition. There is no question, how- ever, as to the vital significance which this phase of Pub- lic Finance presents to all who contribute to the common fund of the state. The temptations with which public officials are surrounded have already been indicated, and it is imperative that temptation be removed as far as possible, while the consequences for yielding to tempta- tions should be felt severely by those who are guilty. These results can be accomplished only through strict administrative measures. In the treatment of this phase of the work some attention will be given to the develop- ment of fiscal control, while particular attention will be given to the budget its meaning, preparation, handling, and use, both abroad and in the United States. The handling of the public accounts will also receive con- sideration. Because of the present interest in emergency or war financiering, and because of the administrative problems involved, some discussion will be devoted to this phase of fiscal problems. Some of the merits and defects of the possible methods for financing a war will be presented, together with the methods which were used by the impor- tant belligerent countries. An attempt will also be made to show what a tremendous cost war has been to the nations of the world and to the United States in particu- lar. Some of the more modern fiscal problems will receive brief consideration. 12. Supplementary Reading Should Be Followed. It is not intended to give, in the following pages, an exhaus- tive treatment of all the subjects which will be brought into review. It is hoped that the student may become so INTRODUCTION 21 interested as to desire to fill in, more in detail, the outlines of the important fiscal problems which will be taken up. Where works exist which deal concretely with the subject matter of particular chapters, notation will be made of them at the end of the chapter. Only two or three of the better ones will be given in each case. The student should keep in touch with the general treatises on Public Finance as well as the numerous mod- ern publications on fiscal problems. The works which are available in English, of a general nature, to which con- stant reference should be made, and which will not be noted at the end of the chapters because of their general applicability to nearly every chapter, are the following: H. C. Adams, The Science of Finance. C. F. Bastable, Public Finance (third edition). C. J. Bullock, Readings in Public Finance (second edi- tion) . G. Cohn, The Science of Finance. W. M. Daniels, The Elements of Public Finance. C. C. Plehn, Introduction to Public Finance (fourth edition). D. A. Wells, Theory and Practice of Taxation. CHAPTER II CHARACTERISTICS OF PUBLIC EXPENDITURES 13. Revenue Has Received More Study than Expend- itures. Only recently do we find fiscal students turning serious attention to the problems of public expenditure. Comparatively little literature can be found dealing with this phase of Public Finance, while volumes have been written on methods for securing revenue. The reason for this condition is not far to seek. The exaction of revenue has been considered an evil to be minimized as much as possible, and one which comes much nearer home to the general public than does the expenditure of funds once secured. We have had, then, numerous studies in tax reform, with little thought as to needed changes in the way funds have been spent. It is impossible, however, to segregate the two fields. If funds are squandered and wasted, the best possible revenue system cannot give satisfactory results. The increasing tax burden has led the public to inquire what is to be given in return for its sacrifice of funds. This growing burden has led to a demand for reform in revenue laws. A further recent demand is that the administration of public funds be handled in an efficient manner. These awakenings of the public account for the modern interest in other than the revenue phase of Public Finance. Henceforth, no doubt, a much larger proportion of our fiscal literature will deal with the expenditure and the administration of public funds. 14. Early Writers Did Not Entirely Neglect Public Ex- penditure^, Widespread interest in public expenditure CHARACTERISTICS OF PUBLIC EXPENDITURES 23 belongs to modern times, yet we do not find its importance entirely ignored,, even at the beginning of the study of fiscal problems. Carafa, the statesman of Naples, near the end of the fourteenth century, became concerned about the expenditure of the kingdom. He made three important classes of the purposes for which public funds were used: (1) for the defense of the nation; (2) for the support of the ruler; (3) for contingencies. He contended for a reserve fund to meet emergencies, and for close official supervision of the public accounts. Bodin, the first important French student of fiscal problems, wrote in the latter part of the sixteenth cen- tury, and contended that the public funds should be used for the honor of the state. He recommended, further- more, that an annual statement be made which would show the condition of the state's finances. His classifica- tion of expenditure was somewhat more definite than that of Carafa, and included provisions for the care of the poor as well as for improvements. Sir William Petty, near the middle of the seventeenth century the first English fiscal writer of note gave a rather detailed classification of the important needs for public funds. It will be interesting to compare the rela- tive importance of the items in his list with a modern list of expenditures, which will be given later. 1 His classes of expenditures were for: (1) defense; (2) maintaining the government; (3) religion; (4) education; (5) orphans; (6) public works. Yet, notwithstanding the consideration which fell to expenditure, revenue systems received the major portion of the early study and investigation. 15. Early Systems of Expenditure Were Simple. The methods of expenditure which developed in the early state can scarcely be called systematic, because the ex- penditures were made in a more or less haphazard fashion. The state, in its early stages of development, was subor- dinate to the family unit, where most of the personal 1 See p. 31. 24 OUTLINES OF PUBLIC FINANCE needs were supplied. As the power of the state strength- ened, more demands were made upon it. The first dis- tinct public treasury in the different states was usually for religious purposes. There were no expenditures for protection, as the citizens protected the state. In foreign wars the citizens furnished their own weapons and were paid by the spoils of conquest. Expenditures of Greece and Rome. The most lavish of early public expenditure was found, perhaps, in Athens. Large public buildings were erected, and huge sums were spent on public works of various kinds. Expenditures for religious fetes were often wasteful and extravagant. An interesting feature of early Athenian expenditure is that comparatively large sums were spent on the poor and on war orphans. In Rome, likewise, large sums were spent for religion, while the maintenance of the government, the erection of public buildings, and the construction of roads were items of primary importance. Provision was made for poor classes, and various kinds of public charities were estab- lished. The system of expenditures in Rome displayed more development than did that in Athens, since here many citizens who were rendering services to the state were receiving a direct payment from the state. This development had gone so far, before the fall of the Empire, that the soldiers were on the pay roll of the government. Expenditures Under Feudalism. Under feudalism, a study of the expenditures would be a study of the ex- penditures of the prince. He was the owner of the lands whence came the revenues. The public duties performed by the officials were usually few, and these were performed most often when a private benefit was entailed. Feudalism presented a system in which the public expenditure was primarily in the interest of the ruler. If his interests coin- cided with the interests of the public, then only did the public benefit from the expenditures of the government. As constitutionalism grew, and as the public gained a CHARACTERISTICS OF PUBLIC EXPENDITURES 25 voice in the government, this situation became radically changed. 1 6. The Nature of Public Expenditure Differs from Private Expenditure. The expenditure of a state is sim- ilar to that of an individual in that both have to do with the giving up of money. The principles which underlie these expenditures, however, are somewhat different. Eheberg, a German writer, has pointed out these differ- ences under five heads, as follows: (1) the ends sought by the state reach far beyond the sphere of individual ac- tivity; (2) in private business the ruling principle is special service and special payment; (3) the state cannot compare the cost of the service with the value of the product a necessary feature in private business; (4) a state can undertake enterprises of unlimited duration, which individuals would not; (5) the income of the state is measured by its needs, while the expenditure of the individual is limited by his income. 1 Some exceptions, of course, are found to these generali- zations, but as a whole they indicate fundamental differ- ences in state and individual activity. In these days of huge combinations of capital, the sphere open to individ- ual enterprise has materially widened. Yet there remains to the state enterprises of a nature that individuals do not care to enter. No individual cares to undertake the task of supplying all the needed services of an immaterial nature the value of which cannot be measured. Exam- ples of this would be army, navy, and police protection, establishment of systems of courts for maintaining jus- tice, and the maintenance of public parks and libraries. Even the magnitude of enterprises like the Panama Canal would still have a deterrent effect on private undertaking. Returns on Investment. The state is not so much con- cerned about a special payment for a special service as is the individual, neither is it so concerned about a compari- ir This passage from Eheberg is quoted in Bullock's Readings in Public Finance, p. 19. 20 OUTLINES OF PUBLIC FIXAXCE son between cost of production and value of product. This is because the state does not depend to any appre- ciable extent upon its enterprises for its income. The individual cannot continue to sell the products of indu for less than the cost of production. The value of many of the products of the state, on the other hand, does not permit of financial measurement. Who would ventur value the return from the millions of dollars expended annually on education, on the judicial system, or on our eleemosynary institutions? In a broad way the mot i vat ing force of private business is profit, which necessitates pay- ments for senices and a selling for more than cost of production. The motivating force of the state's activity, in general, is service, the value of which often cannot be measured, and for which no direct payment is asked. The individual is concerned, ordinarily, in quick returns on his investment. Few individuals would undertake an enterprise, no matter how much in public demand, if no returns could be had for twenty, thirty, or forty years. The state may often make expenditures on the basis of distant future returns as well as on present returns. Where the element of future service is large, the state may justly borrow funds for the enterprise, and require the future generations that enjoy the sen-ice to repay the loan. While the state is a continuing entity, the individ- ual lives only in one generation, and he is primarily con- cerned with enterprises the fruition of which is not in the distant future, Measure cf State's Income. The statement that a str. income is measured by its expenditure must be hedged with proper qualifications. While it is true that the state has the resources of its citizens upon which to draw, these resources are not infinite, and thought must be had for future as well as for present revenues. It would be as destructive a fiscal policy to use up, for present revenue, the sources capable of supplying a continuous stream of funds, as it would be to cut down a tree to get the fruit. CHARACTERISTICS OF PUBLIC EXPENDITURES 27 Fiscal officials should be concerned about the continued existence of the state, and should not so act in the present as to impair the future. While expenditure which en- croaches upon the source of revenue is to be avoided, parsimony on the part of officials should also be looked upon as undesirable. Officials have sometimes curtailed expenditures far more than the healthy development of the state would justify, in order to make a good showing to their constituency. Political Restraint. Another important limitation upon a state's revenue is the existing political restraints. The form of government and customs which have come down from the past must be considered. The same fiscal sys- tem would not succeed in a monarchical state as in an extreme democracy. The political restraints established by constitutions and legislatures must, of course, be ob- served. Export duties, graduated excise taxes, or other than apportioned direct taxes, could not be used by our Federal government because they are prohibited by the Constitution. A number of the state constitutions con- tain what is known as the "uniform assessment" of prop- erty clause, which provides that all property is to be as- d at the same rate. Frequently tax limitation laws t which place a maximum on the amount of revenue political units may collect. Evidently, then, fiscal officials do not have absolutely a free hand in securing funds, but must be concerned about future needs of the state, and be governed by existing political institutions and laws. 17. The Nature of Expenditures Has Changed with Changes in Forms of Government. It has been noted that in the feudal regime the expenditures of the state were the expenditures of the ruler. This was largely true in all governments before constitutionalism began to grow. An important factor which marked the growth of the constitutional form of government was the increasing control which the public gained over the purse strings. .lually the expenditures of the ruler were curtailed. 28 OUTLINES OF PUBLIC FINANCE These had been primarily for his own desires, and were for the good of the state only if his desires coincided with the welfare of the state. Expenditures now became justi- fied only when they were primarily for the welfare of the public. This change in the nature of the control of ex- penditures has taken definite form in the constitutions of many democratic countries. In the United States, for example, bills for raising revenue must originate in the House of Representatives that branch of the legislature which was directly elected by the people at the adoption of the Constitution. Growth of Public Credit. The growth of public control over revenues has also done much to strengthen public credit. In the earlier states it was an ordinary occurrence for the ruler to pile up heavy debts; and repudiation, in whole or in part, was just as common. It was the regular practice for a new ruler to repudiate the debts of his predecessor. Under such conditions the institution of public credit was indeed weak. As soon as the citizens began to gain control they began to strengthen the credit system. Since the citizens were the lenders, repudiation was their loss, and it is easily understood why repudiation of state debts has not been a practice under constitutional government. 18. The Universal Tendency of Public Expenditures Has Been to Increase. At the close of the eighteenth century it was generally believed that the previous rise in expenditures would cease, and a gradual lowering was even expected and hoped for. That period marked the overthrow of the old monarchical regime, with its lavish expenditures for the courts of the rulers. The introduc- tion of constitutionalism was expected to materially lessen the cost of military support, which had been mounting rapidly, and which had become particularly burdensome. It was considered, too, that the citizenship, which at that time was almost entirely agricultural, must necessarily be freed from some of the tax burdens they had been attempt- CHARACTERISTICS OF PUBLIC EXPENDITURES 29 ing to bear, in order that they could again secure a foot- hold and provide the necessary increase in production. _The old mercantilist^ idea of government was rapidly \ /losing ground, and the laissez-faire policy was being sub- V stituted. That government which governed least was, in the future, to be considered best, and this would entail the retraction rather than expansion of government activities. This line of reasoning, however, proved ill founded, and public expenditures have continued to increase. While government activities decreased in some lines, the result- ing decrease in expenditure was more than offset by ex- penditures for increased activity in new lines of enter- prise. Commerce and industry soon took ranks of im- portance with agriculture, and more revenue could easily be secured with no increase in burden. All this was an impetus to an extended activity on the part of the state. It will be profitable to note some of the aspects of the continual increase in public expenditures. 19. Increase in Public Expenditures Is Not Confined to Any Political Unit. Some conclusions from the study of statistical data will show that the increase in public expenditures has indeed been general that the increase has not been confined to autocracy or democracy, or to Federal, commonwealth, or city units. In the European states expenditures increased about 360 per cent for the sixty-year period following 1830, while the per capita in- crease for the same time was about 400 per cent. In the same period the expenditures of France increased more than 225 per cent, while England's expenditures were nearly 110 per cent greater in 1902 than in 1866. In twenty-seven years after 1874 German expenditures had increased something like 225 per cent, while Russian ex- penditures showed an increase of 125 per cent for the twenty-year period after 1800. Expenditures of smaller European states show the same upward trend, as is illustrated by Belgium and Switzer- 30 OUTLINES OF PUBLIC FINANCE land. The increase in Belgium for less than a fifty-year period after 1850 was about 380 per cent, while in the Swiss Federation, for the same period, the increase wa? nearly 1,600 per cent. 1 The increase in some of the countries can be attributed partially to wars, yet the countries which have been less engaged in war have shown the most rapid increase in expenditure. The conditions in Belgium and Switzerland are examples of this situation. The expenditures of the political subdivisions of European states have increased, sometimes even more rapidly than those for the states. Expenditures for the last few years show, of course, an enormous increase, but they are so influenced by the Great War as to give no comparison with normal increases. 20. Expenditures in the United States Show an Up- ward Trend. A study of expenditures of the United States and its political units will show that everywhere there has been an increase. After a period of war, or some other emergency expenditure, there may be periods in which decreases can be found, but they never get back to the pre-emergency basis. A somewhat detailed study of the expenditures of the United States, and its political divisions, will be of interest to American students of Pub- lic Finance. In most of the following tables the items are given for which expenditures have been made, so that comparisons may be made between increases in the ex- penditures for particular items as well as between the total expenditures. Emergency expenditures show a greater effect upon the figures for the Federal government than upon those for the other political divisions. The following are expenditures of the Federal government: 2 1 These illustrations of the increase of public expenditures are taken from a treatment of this subject by F. S. Nitti. An extract of his work may be found in Bullock's Readings in Public Finance, p. 32. 2 A detailed account of the growth of expenditures in the United States may be found in an article by C. J. Bullock, in the Political Science Quar- terly, xviii, p. 97. The expenditures for each year may be secured from Cables given in Pewey's Financial History of the United CHARACTERISTICS OF PUBLIC EXPENDITURES 31 Year Total Per Capita Year Total Per Capita 1850 1860 1870 1886 $ 40,947,000 63,200,000 293,656,000 242,483,000 $1.76 2.01 7.60 1 4.22 2 1915 1916 1917 1918 $1,047,835,000 1,048,225,000 2,405,932,000 9,312,169,000 $10.44 10.36 25.04 89.16 1 In currency value; gold would be about $6.80. 2 Lowest since Civil War. From this table it will be seen that there has been a gradual increase in the Federal expenditures, with a sud- den increase at the time of the Civil War and the Great War. After the Civil War there was a gradual decrease, and we may expect the same tendency for the next few- years. It is unlikely that the amount will ever be as small as it was in 1913 or 1914. The following table shows the increase in Federal expenditures for particular items from 1903 to 1913 : J EXPENDITURES OF THE NATIONAL GOVERNMENT 1913 1903 General Government Protection to Person and Property. . Health and Sanitation $ 61,784,000 264,671,000 5,701,000 $ 59,924,000 175,875,000 2,533,000 Highwavs 42,652,000 19,590,000 Charities, Hospitals, and Corrections Education . . 182,313,000 17,243,000 146,918,000 10,341,000 Recreation 924,000 505,000 Miscellaneous 13 373 000 12 850 000 Apportionments 10,108,000 5,647,000 Public Service Enterprises 264,107,000 137,695,000 Interest 25 256 000 28 556,000 Outlays l 64,380,000 16,564,000 1 Outlays are such expenditures as those for public buildings, etc. Some of the items in this table may be a little out of proportion because of some particular undertaking in one of these years. For example, a part of the expenditure for 1 The statistical compilations in this chapter, unless otherwise indicated, have been made from the following reports of the Bureau of the Census: Wealth, Debt, and Taxation; Financial Statistics of States; and Financial Statistics of Cities. The figures may not be entirely accurate, yet they are sufficiently so to give general comparisons, the purpose for which they fire intended. 32 OUTLINES OF PUBLIC FINANCE public service enterprises in 1913 was for the Panama Canal. In general, however, the table presents the usual trend in the growth of Federal expenditures in a period when war had very little influence. In some items the percentage of increase has been small, while in others it has been much larger. Some reasons for this will be noted later. In only one item interest was there a decrease. Because of the indebtedness which the Great War brought into existence, this is, of course, larger now than ever before. Expenditures of States and Cities. A comparison of the expenditures of states and cities will show the same tend- ency to increase as is seen in those of the Federal govern- ment. The following table shows this for recent years: Year States Total Per Capita Year Cities Over 30,000 Total Per Capita 1915 1916 1917 1918 $490,708,000 505,399,000 513,063,000 561,000,000 $4.99 5.05 5.04 5.42 1915 1916 1917 1918 $1,057,127,000 1,043,594,000 1,081,866,000 1,144,630,000 $33.92 32.34 32.53 33.35 This table shows for the four years indicated that there has been a gradual increase in both state and city expend- itures. The following gives more in detail the increases in state expenditures from 1903 to 1913 and 1918: EXPENDITURES OF STATES (000 OMITTED) 1918 1913 1903 Total Per Cap- ita Total Per Cap- ita Total Per Cap- ita General Government. $51,395 $0.59 $40,496 $0.42 $25,897 $0 32 Protection to Person and Property 33,218 0.32 24,926 0.26 6,804 0.08 Health and Sanitation. . . . Highways 12,249 38,829 0.12 0.38 6,387 16,884 0.07 17 5,327 4,680 0.07 0.06 118,084 1.14 87,306 0.90 52,515 0.65 Schools 163,183 1.58 132,575 1 37 64,643 0.80 Recreation 1,248 0.01 1,983 0.02 1,563 0.02 CHARACTERISTICS OF PUBLIC EXPENDITURES 33 It is seen by these figures that state expenses have been on the increase, and at a faster rate than the population. The increase in population from 1903 to 1913 was about 20 per cent, while expenditures increased about 110 per cent. The increase has been more marked in some fields than in others, the most noticeable being in protection to person and property, charities, and schools. Some ab- normalities may be found in tables for particular years. A decrease in expenditures for schools may appear, for example, while expenditures for charities may take the rank of first importance for this same year. Comparative statistics of incorporated places, in so far as they are available, show exactly the same trend of ex- penditure upward. Not only is this true of cities of small population, but it is evident in the increasing cost of government as cities become larger. A study of the following table is interesting, not only from the stand- point of increasing expenditure as population increases, but also from the standpoint of the relative importance of the various classes of expenditure, which will be treated in the following chapter. It is seen that, with practically no exception, after a city has reached a population of 50,000, a further growth in size necessitates a greater per capita increase in every line of its activity. When compared with preceding tables, the magnitude of city expenditures is evident. The corresponding burden on property is so great that a comparatively small number of urban citizens can afford to be property owners. The financial advantages of living just outside the corporation limits, yet enjoying much that the city has to offer, are quite evident when, in 1913, the total per capita expenditure of counties was $4.49, while for 146 cities it was $32.46. 21. Increasing Expenditures Cannot Be Considered Apart from Other Factors. If the enormous increases in public expenditure in all our governmental bodies had to be borne, with no change in the ability of individuals to 34 OUTLINES OF PUBLIC FINANCE g 00 8 8 8 CO *""* *_ I I o o o 4 45 8" 8" S CHARACTERISTICS OF PUBLIC EXPENDITURES 35 bear the increasing burdens, there would be cause for grave alarm. Had it been true, however, that this ability were stationary, expenditures would not have reached their present magnitude, for the tree would have been cut to get the fruit long ago. But the facts that population is increasing, and that wealth the source of revenue has also been increasing, must be taken into account. In Europe, it was seen, population was increasing less rapidly than expenditure, which, of course, causes an increase in the individual burden. Expenditures in the United States. In the United States the increase in population has more nearly kept pace with the increase in expenditures, while the increase in wealth has surpassed the growth of expenditures. This means that, in spite of the great increase in state activity, the individual burden has decreased. A lower percentage of the national wealth was spent by governmental units in 1916 than in 1870. In 1850 our national wealth was esti- mated at about $7,000,000,000, while in 1912 it had in- creased to more than $175,000,000,000. In 1870 the Fed- eral government spent about $13.2 per $1,000 of national wealth; in 1912 the expenditure per $1,000 of wealth was $5.3. The per capita change in expenditure from 1903 to 1913 was from $7.90 to $10.15. All other governmental units spent $15.2 per $1,000 of the wealth in 1890, while in 1912 the expenditure was but $13.3. The state govern- ments spent, in 1903, $2.30 per capita, and $3.95 in 1913. The rise in the per capita expenditure for 146 cities for the same period was from $24.64 to $32.46. In the United States as a whole, because of the increase in population and wealth, public burdens have not been increasing faster than the ability to bear them. This has not been true, perhaps, of some of the political divisions, especially the cities, where the enormous increase in ex- penditure has outdistanced the increase in wealth. This burden may be particularly heavy upon certain classes of citizens, for it is a matter of common knowledge that all 36 OUTLINES OF PUBLIC FINANCE property owners do not share the public burden in pro- portion to their wealth. Since the wealth of individuals in general is increasing at a greater rate than government expenditures, there is no cause for the fear that increasing government activity is crushing the individual. It would further indicate that there is no pressing need for new sources of revenue so far as securing funds is concerned, no matter how imperative they may be to secure a more just distribution of the fiscal burden. The Value of Money. When attempts are made to com- pare the increased services which come from increased ex- penditure, it must always be kept in mind that the value of money is not constant. For a number of years following 1873 increased services might have been given with de- creased expenditures, because prices were falling and an expenditure in dollars would give more services than before. Since the late 'nineties, however, the other aspect has been true, especially since the advent of the Great War. In so far as a state is a purchaser of materials in the open market, it is affected by rising prices as much as an individual. On the whole, however, the effect is less marked in the case of the state, because a larger proportion of its expenditures is for salaries and wages, which rise much slower than other prices. Because of rising prices, then, expenditures may noticeably increase, while the services rendered may remain the same or decrease. Expenditures for War. The proportion of public ex- penditure which is due directly or indirectly to war is an item of importance. Everyone is aware that during the Great War all other expenditures were overshadowed by those for war. In a few years, however, it may be for- gotten that indirectly war expenditures still form a large part of the total public outlay. Professor Bullock has calculated the percentage of Federal expenditure due to war for a number of years between 1870 and 1902, the re- sults of which are almost startling. The costs due to war, CHARACTERISTICS OF PUBLIC EXPENDITURES 37 he considered, were for the army, the navy, pensions, and for interest on the debt arising from war. On this basis 80.7 per cent of the Federal expenditure in 1870 was due to war; 74 per cent in 1880; 66.4 per cent in 1890; 68 per cent in 1897; 72.4 per cent in 1900; and 70.6 per cent in 1902. 1 A somewhat detailed study of the cost of war will be presented in a later chapter. 22. Many Causes Are Responsible for the Growth of Public Expenditures. Many factors have contributed to the rapid and continual growth in public expenditures. States are not only undertaking new activities, but are entering into former activities more extensively, or are attempting to conduct these activities more effectively. The mere fact that population is becoming more dense has caused a number of expenditures to increase. On the whole, governments are institutions of increasing cost a large part of the services cost more per capita as popula- tion increases. Reference to some of the preceding tables, especially the one for cities, will indicate this tendency. Army and Navy. Military and naval activities have been one of the chief causes for increase in Federal ex- penditures. The increase has been general, in democratic as well as in autocratic governments. Wars are, of course, much less frequent than formerly, but the daily cost of a war, such as the Great War, would more than finance an entire conflict in earlier times. A modern twelve-inch gun or battleship would entail, perhaps, as much expenditure as an early army or navy. Another important factor is the maintenance of the large, modern navy and standing army in times of peace. This means that peace-time equipment represents a far greater expenditure than did early wars. A review of the table on Federal expenditures will show the importance of these items in the expendi- tures of the United States. Public Utilities, Highways, and Education. Among the important services which modern governments supply, 1 Bullock, Readings in Public Finance, p. 50. 38 OUTLINES OF PUBLIC FINANCE and which were formerly supplied by individuals, are the various classes of public service enterprises, highways, and education. Many countries have gone further than the United States in supplying the services of public utili- ties. In some countries the railroad, telephone, and tele- graph are operated by the government, while these are still privately operated in the United States. Yet the events of the era when the state and Federal governments were active in internal improvements are familiar to every student of American history. The demand for pub- lic ownership seems to be increasing, and the number of public enterprises is rapidly growing larger. This is espe- cially true in cities. The recent emphasis placed upon education, and the supplying of this utility by the public to such a large extent, has had an important influence in causing expenditures to increase. The same has been true with highway expenditures, since highways are no longer supplied by individuals. The growth and relative importance of these items can be seen by reviewing the preceding tables on pages 32 and 34. Regulative Activities. In recent years the public has continually been demanding the extension of state enter- prises. Catering to these demands has meant increased costs. The most noticeable of these demands, perhaps, has been for the various forms of regulation, and for the development of health and sanitation. The old laissez- faire policy of government is becoming more and more antiquated, while the public is placing greater reliance on the activities of the government to secure its desires. This tendency is clearly shown by the rapid development of functions under the police power. 1 In the matter of health and sanitation governments have undertaken many preventive measures in recent years, while formerly, if they were concerned at all, it was with repressing epi- demics which might arise. 1 The police power is the authority of the American commonwealths to legislate for the physical, moral, and economic welfare of their citizens. CHARACTERISTICS OF PUBLIC EXPENDITURES 39 Extension of Credit. One other item which might be mentioned as having influenced the increase in public expenditures is the ease of public borrowing. Reasons for this growth of credit have already been noted, and a detailed study of public debts will be reserved for a later chapter. The ease of borrowing has given a supply of revenue which could not, perhaps, have been obtained had the other methods of taxes and receipts from lands and industries alone been available. So general has pub- lic indebtedness become that nearly every governmental unit practices the policy of deficit financiering. Citizens are willing to lend to the government because its credit is good, and the burden is not so apparent as when revenues are secured through taxes. Except where political units have reached the legal amount of indebtedness, a tendency toward an increased use of this source of revenue is easily recognized. 23. Public Expenditures Supply the Less Material Wants. Wants of individuals may be classed as material and immaterial. Of these classes the individual is usually first and most concerned with supplying himself with the material things. Often he does not recognize the value of other than material goods to himself, or that he will be a better member of society for having had them. Then, too, many of the immaterial services are so remote that they would scarcely call forth individual effort. Many individuals are incapable of supplying more than the material needs even if they recognized the value of the immaterial, while many cannot even supply the needed material goods. These services, valuable to the individual himself and to his usefulness in society, which he could not or would not supply, must be given by the state if they are to be had. Ordinarily the state makes the supplying of these immaterial needs a duty of first importance. A compari- son of total expenditures for each of the classes of services would show a much larger percentage for the immaterial, 40 OUTLINES OF PUBLIC FINANCE The supplying of material goods arises either when the individual cannot supply his needs, as in charities and state institutions, or when the recipient pays for the utilities in much the same way as he would if they were supplied by an individual. The immaterial goods supplied by the state might be divided into a number of classes. One of the most impor- tant is that of protection. Except in time of war the need for protection by the army and navy seems so remote to the ordinary individual that, even if it were possible, he would exert no effort to secure it. The Federal govern- ment, therefore, provides it as a common service, much better and more effectively than would individuals if left to supply it for themselves. The protection to person and property given by state and city governments is also much more effective than if it were supplied directly by individuals. Expenditure for education, as we have seen, is an im- portant item in the finances of each political unit. This utility is considered so valuable to the individual and state that its acceptance is, to a certain degree, compul- sory. The person with a public school education is so much better able to take his place in the world, and is enough more valuable as a citizen, that the individual is compelled to receive the education the public school can give. Conservation of health, sanitation, libraries, and parks are other sources of immaterial goods which the citizen receives, and which would be secured in a much smaller degree if they were not supplied by the state. 24. All Public Expenditures Cannot Be Justified. While few would deny the value and necessity of public expenditure, yet the desirability of some uses of public funds may be open to question. To lay down a rule by which the justice of every expenditure could be measured would be impossible, because of the immaterial nature of such a large part of the services rendered. In general, however, a state is not justified in making an expenditure CHARACTERISTICS OF PUBLIC EXPENDITURES 41 unless more utility results than would have been secured had the funds been left in the hands of the individuals. There is a temptation, where a public official is dependent upon the constituency of a particular district, to spend public funds for the benefit of his supporters. Some of our states recognized this when the constitutions were formed, and attempted constitutionally to prohibit ex- penditures the utility of which will be of less value than the cost. Pennsylvania is an example of a state which early had a constitutional provision of this nature. The difficulty arises, of course, in attempting to apply this general rule to particular cases. It will be interesting for the student to give examples of public expenditures which appear to him to be unjusti- fiable. Many will be of a local nature, while others will involve state and Federal governments. The constant pork-barrel legislation is one of the standing criticisms against Congress, yet every district is anxious to get an appropriation, no matter how needless. Appropriations for magnificent post-office buildings in small towns, and for improvements of rivers and harbors, far in excess of any need, are so familiar as to scarcely need mentioning. States have squandered thousands of dollars in building roads and making other improvements because of the unbusinesslike methods of letting contracts. It is im- possible to justify such expenditures on the utility basis. 25. Public Expenditures Have Important Economic Effects. No phase of Public Finance, perhaps, has re- ceived so much fallacious reasoning as the economic effects of public expenditures. Many early statesmen and writers favored a large expenditure because it put money into cir- culation, increased the demand for labor, relieved the poor by giving them employment, removed the objections to taxes when the state returned much to the citizens, and for similar arguments. It would be a waste of time to elaborate upon these fallacies for modern students of eco- nomics. Let it suffice to remind them that lavish and use- 42 OUTLINES OF PUBLIC FINANCE less expenditure does not create wealth. The more a state spends out of a given amount, the less is left for in- dividuals to spend. The demand of the state for labor and goods is substituted for that of the individual. When the state demands materials and services, therefore, this demand is not added to that of individuals, as was for- merly believed, but exists instead of the demand of indi- viduals. The revenue exacted from industry to pay an army could have been used by industry to pay wages to men in the army had they not been employed by the state. The total demand cannot be increased by state expendi- ture in fact, it may be materially decreased becaus^ of expenses in administering public funds. Public expenditures, nevertheless, do have important economic consequences which should be kept clearly in mind. The answers to the above fallacies indicate some of them. When the state enters the market for materials or labor, it becomes a competitor with its citizens for these same commodities or services. Under normal conditions, because of the widespread activities of governments, the state is a large purchaser of goods and services. In an abnormal situation, such as a war, the demands of the state are enormous. Since states do not have to measure cost and value of the product, the price paid for materials and services is not based upon the same principle as in individual industries. In cases of emergencies, especially, as in the Great War, the state is likely to pay abnormally high wages in order to attract labor, and abnormally high prices for materials in order to secure the needed supply. A hardship is thus felt among individuals who demand similar services and materials, but who cannot pay such high prices. The abnormal wages cannot but have an effect on the worker. With his increased wages comes a higher standard of living, which he is desirous of main- taining. When the emergency is past, and the govern- ment demand ceases, he must seek employment where wages are determined differently. The tendency is now CHARACTERISTICS OF PUBLIC EXPENDITURES 43 toward lower wages. The dissatisfaction caused by such shifts will have some effect in causing industrial friction. The artificial demand of the government for goods, with a subsequent cessation, will have much the same effect on commodity prices in particular lines. The Unemployed. The problem of the unemployed is one with which the state is confronted. Some contend, while recognizing the economic fallacy of the "make work" idea, that, from the effect on the individual, it is better that the state create some occupation than resort to charity. However this may be, a more sensible and economical scheme would be for the state to utilize labor for its needs when unemployment is greatest hi other fields. Cities, for example, could carry on much of their work as well at one time as another, and would tend to ease the whole situation by employing labor when it is not otherwise needed, rather than by competing for it. The same is true, in a measure, with state and Federal activities. 26. An Accurate Comparative Study of Expenditures Is Difficult. The comparison of expenditures, which has been made in this chapter, is doubtless not entirely ac- curate. A number of difficulties arise which make accu- racy impossible. One of these difficulties is that no uni- form system of accounting exists for the various political bodies for which comparisons are to be made. The vari- ous items may not have the same meaning in the different units. For example, the items under charities, hospitals, and corrections may not include comparative sums for the different states or cities. Again, in our judicial sys- tem, where fees play such a large part, and are used in such a variety of ways, an accurate comparison of costs would be out of the question. In some cases the fee repre- sents the entire cost of the service; hi others it may be only a part of the cost, or no account may be taken of it by the treasury. Similar difficulties are found in attempts to compare practically every item of expenditure. 44 OUTLINES OF PUBLIC FINANCE The obstacles in the way of preparing a comparison of expenditures for different countries are still more formi- dable. The systems of government are different, and just as different are the methods for attacking the fiscal prob- lems. In some countries, as in the United States, a large percentage of expenditure is given over to the local gov- ernmental units, while in other countries, as in France, a larger part is undertaken by the central government. In some countries separate accounts are not maintained by the local and central governments, and the local units are simply agents for the expenditures of the larger bodies. Instead of pensions for worthy citizens, many states use public employment as a means to accomplish the same end. Obviously, then, a comparison of gratuities for different countries would be misleading. These sugges- tions as to the difficulties will indicate the disappointing results that must come from an attempt at accurate com- parison of public expenditures. 27. Attempts to Find a Proper Proportion of Expendi- ture to National Income Have Failed. Many writers have attempted to ascertain what proportion of the national income should be spent by the state. Some have attempted a percentage relationship, and suggestions have ranged from 5 to 25 per cent. Others have suggested a per capita basis, and still others claim that expenditure should be gauged by area. The nature of the factors, however, which should control the amount of expenditures, largely vitiates any relations such as these. The nature of the expenditure will have much force in the determination of the proper percentage of total in- come to be spent by the state. If a state be engaged in a defensive war, for example, it would be proper to go to any length in its expenditures. A larger percentage would be justified on some commercial enterprise which would bring a future return than on one which would not. The size of the income is itself an item of importance. A 15 per cent expenditure for a country with a large income CHARACTERISTICS OF PUBLIC EXPENDITURES 45 might be much less burdensome than a 10 per cent expenditure for a country with a small income. Per capita and area bases are still more unsatisfactory. A per capita comparison of income and expenditure of the state of Illinois and some of the provinces of China would show the uselessness of such a basis. Area fails in much the same way, as it shows neither amount of income nor the need for state activity. Any attempt to measure what the state should spend must consider not only the amount of income, but also the nature of the need for the expend- iture and the hardship it will entail. ADDITIONAL READING Census reports: Financial Statistics of Cities. Financial Statistics of States. Wealth, Debt, and Taxation. Statistical Abstract of the United States. CHAPTER III CLASSIFICATION OF PUBLIC EXPENDITURES 28. Many Bases Have Been Used in Attempting to Classify Expenditures. The early classifications of ex- penditures in Italy and France have been noted. These were based upon the objects for which the money was used, such as government and protection. Many other bases have been attempted with a varying degree of satis- faction as to results. Some have sought to divide ex- penditures into ordinary and extraordinary, while others have attempted to separate the necessary from the un- necessary or to make the classes the necessary, the desir- able, and the superfluous. Some have tried to distin- guish between money spent productively and that spent unproductively, while a merely historical evolution has sometimes been used. The United States Census Bureau has worked out a statistical and accounting classification based largely on functional activities. A classification, aside from a mechanical one, which is perhaps the most interesting, is based on the method of conferring benefits. It will be interesting to note some of the purposes and difficulties of these classifications. 29. Some Attempts at Classification Have Been Un- satisfactory. At any particular time, especially if the budget system be in use, ordinary and extraordinary ex- penditures can be rather closely distinguished. The names, in reality, explain themselves. Ordinary expendi- ture is that which is expected, while the extraordinary is for the unanticipated demands Expenditure for war would be extraordinary, while that for the maintenance of CLASSIFICATION OF PUBLIC EXPENDITURES 47 a standing army or navy would be ordinary. While such a classification can be made at a particular time, it will not hold over a long period of time, nor often for even a period of short duration. Government activities have been increasing at such a pace that an extraordinary use of funds five years ago may now be considered perfectly regular. Even an extraordinary expenditure for war in a particular year may be considered as a normal expenditure the following year. It is seen, then, that the classification has no permanency, and a particular item of state activity cannot be referred to as " ordinary" with no reference to the time element. Much the same objection can be raised against the " necessary, desirable, and superfluous" classification. A superfluous undertaking at one time may become desir- able at another and necessary at still another. Besides the time element, the element of personal judgment plays an important part in this classification. The terms are at best relative, and what might be considered necessary at a particular time by one official or voter might be branded by others as superfluous and extravagant. The difficulty of getting any standard of measurement is in- surmountable. Although the distinction of productive and unproductive expenditure held an important place for early students, it has little significance at present. The idea of production has changed from Adam Smith's notion of making a " material and vendable commodity" to that of a creation of utilities. The vast majority, if not all, of public funds are thus spent productively, although it might be impossible to justify them from the ethical standpoint. A historical classification is interesting, pri- marily, in showing the evolution of state activities. 30. The United States Census Bureau Classifies Ex- penditures. While the census classification is largely for mechanical purposes, American students should be in- terested in the method of listing and handling the funds. There are two primary classifications, those known as 48 OUTLINES OF PUBLIC FINANCE governmental cost payments, and the nongovernmental cost payments. The former includes all the costs of any political unit, accrued, paid, or payable, for services, for property, whether bought, rented, or constructed, and all expenditures for public improvements. It also in- cludes all costs of materials used for whatever purposes, interest on funds borrowed for running the government, and the costs of the different kinds of protection. All expenditures for social activities are included, as well as the costs of caring for delinquent, defective, and dependent classes. The costs of other services per- formed by governments which cannot be easily classi- fied are also put under this head. As a matter of con- venience governmental costs are divided into expenses, interest, and outlays. Expenses include all payments other than interest from which no permanent or subsequently realizable value is received. Such are salaries, rents, costs of materials used in government activities, and the management of funds. It would also include losses from fraud, failures, or similar circumstances. Expenses are divided into two large classes those for the general departments, and those for public service enterprises. The former are subclassified into the costs of the principal divisions under which the work of the general departments is carried on. Interest, of course, is the amount paid for borrowed funds. Outlays designate the payments for land, build- ings, public improvements, and other similar payments, and are used in carrying on some government function or business which possesses some degree of permanency. Any revenue which may be secured from these enterprises is deducted from the outlay expenditure. Nongovernmental cost payments are all the expendi- tures not included in the above classification. They are items usually of minor importance as compared to the above, which do not enter into the general activities. Examples are cost of goods to be resold, paying of debts, CLASSIFICATION OF PUBLIC EXPENDITURES 49 and the balancing of accounts between different depart- ments. While this classification is more or less obscure as to the exact nature of the expenditures, yet, should all our political units adopt it, comparative figures of ex- penditure would be more easily available. 31. Expenditures May Be Divided into Four Classes, According to Benefit Conferred. None of the classifica- tions which have just been noted indicate to any degree the underlying motive in making expenditures. There has been nothing to indicate whether many or a few citizens have been the recipient of the funds spent, or whether individuals benefited have helped to bear the expense of the service. Obviously such a classification, while it could not be exact, would be of interest to students of fiscal problems. Professor Cohn has proposed a division of state activities which readily lends itself into a classifica- tion of expenditures on the basis of benefits conferred. 1 Four groups of expenditure may be distinguished ac- cording to the degree in which individual benefit is the motive. By far the larger part of the state's expenditure, however, is not concerned primarily with individuals, but with the population in general. Hence the most important class of expenditures would be for the common benefit. The state also undertakes activities which directly aid particular classes, yet makes payment entirely from the common fund. This class might be termed expenditure for particular individuals, yet treated as a common benefit. Many state functions, moreover, are undertaken primarily for the common good, yet they also confer individual benefits for which the recipient is required to make pay- ment. This might be termed the rendering of a common benefit, but at the same time a special benefit. It is con- ceivable, too, that the state might undertake activities which confer only special benefits, and this would make a fourth class of expenditure on the basis of benefits con- ferred. 1 Finanzwissenschaft, p. 117. 50 OUTLINES OF PUBLIC FINANCE 32. Important State Services Are Found in Each Class of Expenditure. It will be interesting to note some ac- tivities which fall under each of the above classes, and then consider the more important ones somewhat in de- tail. A large number fall under expenditure for the com- mon benefit. Among those that at once present them- selves to the mind of the reader are the use of funds for protection, for the general government, for education, for highways, for maintenance of standards of coinage, for weights and measures, for diplomatic and consular serv- ice, for maintenance of public buildings, and for the numerous aids to developing commerce and industry. The most important of expenditures for individuals, yet treated as common, are those for defectives and dependents. Bounties and pensions could also be placed in this class. Most of the numerous services for which fees are charged fall under the group of expenditures which confer some special benefit along with the common benefit. The ad- ministration of the courts, maintaining patent and copy- right systems, and chartering corporations are examples. Paving streets, laying sidewalks, and building sewers are usually treated in a similar manner. The class of expend- itures for individual benefits is composed of the industries carried on by the state on a commercial basis, and of the monopolies maintained primarily for fiscal purposes. The importance of these items varies in different countries, and from time to time in the same country. 33. Reference to Statistics Shows Relative Importance of Principal Expenditures. There is no better way to gain at a glance an idea of the importance of the various classes of expenditures than to refer to statistical tabula- tions such as those found in Chapter II. 1 These tables will show this relation, as well as the general increase in expenditures. The following table will show the relative importance of the various items in the states, counties, 1 See pp. 31-34. CLASSIFICATION OF PUBLIC EXPENDITURES 51 and incorporated places 1 for 1913, the latest figures avail- able for all the units: 2 GOVERNMENTAL COST PAYMENTS, 1913 General Government: States $ 40,496,000 Per capita $0.42 Counties 102,335,000 Incorporated places 68,941,000 Protection to Person and Property: States $ 25,066,000 Counties 15,213,000 Incorporated places 140,697,000 Conservation of Health and Sanitation: States $ 6,388,000 Counties 2,815,000 Incorporated places 60,434,000 Highways : States $ 16,884,000 Counties 55,515,000 Incorporated places 87,170,000 Charities, Hospitals, and Corrections: States $ 87,586,000 Counties 37,816,000 Incorporated places 32,896,000 Schools: States $132,575,000 Counties 57,682,000 Incorporated places 223,896,000 Recreation: States $ 1,983,000 Counties 420,000 Incorporated places 21,438,000 Public Service Enterprises: States $ 3,461,000 Counties 189,000 Incorporated places 64,194,000 1.19 1.50 Per capita $0.26 " 0.18 " " 3.08 Per capita $0.07 " " 0.03 " 1.32 Per capita $0.17 " " 0.65 " " 1.91 Per capita $0 . 90 " " 0.44 " " 0.72 Per capita . $1.37 0.67 4.90 Per capita $0 . 02 " 0.005 " 0.47 Per capita $0.04 " " 0.005 " " 1.41 Expenditures of States. The following figures for the expenditures of states are more detailed than in the previ- ous table or the comparative one in. the previous chapter. The figures are for 1918: 1 Incorporated places include all those with a population of about 2,500, and above. 2 The statistical compilations in this chapter have been made from re- ports by the Bureau of Census. Sec note, p. 31. 52 OUTLINES OF PUBLIC FINANCE EXPENDITURES OF STATES, 1918 l Total expenditure of all states, $473,962,000. I. General Government: (a) Total $ 51,395,000 (b) Legislative 8,182,000 (c) Judicial 19,224,000 (d) Executive 19,589,000 (e) Elections 701,000 (f) Government buildings 3,610,000 II. Protection to Person and Property: (a) Total $ 33,290,000 (b) Police 1,719,000 (c) Fire 586,000 (d) Regulating financial institutions 2,107,000 (e) Regulating public utilities 3,896,000 III. Charities, Hospitals, and Corrections: (a) Total $118,084,000 (b) Poor in institutions 333,000 (c) Care of children 3,330,000 (d) Blind, deaf, mute 6,172,000 (e) Other charities 9,474,000 (f) General hospitals 5,762,000 (g) Hospitals for insane 49,950,000 (h) Adult Correction 33,000,000 (i) Minor Correction 8,471,000 IV. Education: (a) Total $164,452,000 (b) Supervision 4,070,000 (c) State Institution 52,581,000 (d) Apportionments 104,841,000 (e) Libraries 1,268,000 V. Development and Conservation of Natural Resources: (a) Total $ 21,634,000 (b) Agriculture 17,061,000 VI. Health and Sanitation: (a) Total $ 12,249,000 (b) Tuberculosis 5,748,000 VII. Highways: (a) Total $ 38,829,000 34. Expenditure for Protection Is an Important Item. A glance at the statistics just given and at those in the 1 It will be an interesting gxercise for the reader to secure a copy of Financial Statistics of States for the current year, and compare the various expenditures of his state with the average, and with the expenditures of other states. CLASSIFICATION OF PUBLIC EXPENDITURES 53 preceding chapter will show that the expenses incurred for protection to person and property are large. In the Federal government a large part of such expense is for the army and navy. The maintenance of these modern instruments of war in time of peace is costly, while in time of actual warfare their cost is enormous. This is not only true of the United States, but of every important country. In fact, the expenditure has been much greater in European states than in the United States. This has been due largely to the proximity of the European states and the existing enmity caused by past wars. Even be- fore the Great War attempts were being made to find some other means of settling international differences, and for upholding national honor, than by the commonly ac- cepted one war. It was generally conceded that the Hague conferences had proceeded far in this direction. The Great War, of course, disillusioned the minds of those who thought wars a thing of the past. It remains to be seen what effect the League of Nations will have on ex- penditures for armies and navies. Cost of Maintaining Armies. An attempt to get satis- factory comparative costs for maintaining the military machine in different countries would meet with unsatis- factory results. One important reason for this is the dif- ferent systems used in maintaining armies. The system which has been used in Germany, compared with England or the United States, for example, will indicate the futility of any close comparison of costs. Germany has followed the plan of compulsory military training for all male citi- zens. The standing army, then, is made up of this citizen- ship which is serving without remuneration from the state. In England and the United States, on the other hand, the army is maintained on the basis of paid enlistment. A part of the citizenship makes the army their vocation, for which they receive pay from the state. From the standpoint of direct cost the plan pursued in England 54 OUTLINES OF PUBLIC FINANCE and in the United States would appear to be the more expensive per man. Before total costs could be reckoned, however, a number of other factors would have to be considered. Such would be the expense of training under the two systems, the effect of general training upon the individual citizens, and the effect upon industrial and commercial development. A real comparison of the first item would be difficult because of different wage and liv- ing standards in various countries. An enlisted army is paid entirely from taxes, while in the other system services are substituted for taxes. Rather than give the service, large sums might be willingly given in taxes. Of course there is no way of measuring this feeling of sacrifice. Training, moreover, cannot but affect the individual. Unless conducted in connection with an educational in- stitution it means a postponement of preparation for industrial and social activities. Where general services are demanded, it is evidently impossible to conduct a very large proportion of it in connection with other forms of education. As a whole, it means the postponement of a settled life until the period of military service is com- pleted. Such a situation cannot but have a deleterious effect on industry. Aside from the fact that men do not get settled into their life tasks until comparatively late, it must be remembered that industry is deprived of the services of its entire citizenship during the period of training. If all these factors could be measured on a money basis the cost of the universal service plan would no doubt prove to be much greater than is sometimes thought. Costs of War. The expenses of actual wars are not a part of the costs of a standing army, but must be treated as extraordinary. That they mount to almost unbeliev- able figures is the common knowledge of everyone who has observed expenditures due to the Great War. Legis- lative bodies made appropriations day after day which, a few years before, would have been greeted with horror, CLASSIFICATION OF PUBLIC EXPENDITURES 55 A few comparative figures of the Great War will recall the enormity of the cost. The direct cost of the war to the United States from July 1 to December 31, 1917, was about $5,992,000,000. If loans to the Allies were added to this it would raise the figure to well over $9,- 000,000,000. Had the war continued through the fiscal year in which the armistice was signed it is estimated that about $25,000,000,000 would have been used. From April 1, 1916, to March 31, 1917, England spent for the war almost $11,000,000,000, a daily expenditure of over $30,000,000. From January 1 to December 31, 1917, the cost of the war to France was about $5,820,- 000,000. The figures for the other belligerent coun- tries are similar, and the total reaches an amount so large as to have no real meaning. Modern war places such a burden on a country that the efforts of a number of future generations will be required to remove it. 1 Functions of Army and Navy. It would be impossible to place the maintenance of the army and navy on a cost and value of service basis. If they were useless except in time of war, it would seem that a large amount is being expended with little return. This would be true if only the returns from war be considered. Other services, how- ever, are rendered. The navy gives protection to ship- ping, and thus aids the development of commerce and industry. The existence of an army gives a sense of security, and no doubt does much to keep down both internal and external disturbances which might other- wise arise. The services supplied by the expenditures of the Federal government for army and navy, then, are largely of a nature the value of which cannot be measured. 35. States and Cities Make Expenditures for Protec- tion. The giving of internal protection is largely taken care of by the individual states, cities, or other political 1 A more detailed discussion of the cost of war will be found in Chapter XX. 66 OUTLINES OF PUBLIC FINANCE units. The Federal government, at times, is called upon to give assistance in supplying this class of protection. Reference to the table on page 51 will show the relative importance of protective expenditure by states, counties, and incorporated places. The tables in Chapter II, pages 31 and 32, will show the relative importance of this class of expenditure to other expenditures of the different po- litical units. The cost of protection in cities and incor- porated places is much greater, both in Mo and per capita, than in the states or counties. This is due to the main- tenance of police and fire protection. This expenditure is also greater as a state item than for the counties. As an item of state expenditure it ranks comparatively low, coming about fourth in importance. In cities it is rela- tively high, coming about second. As cities increase in size the cost of protection increases more rapidly than the population. Reference to the table on page 34 shows the per capita expenditure of the smaller cities for protection to be considerably less than that of the larger ones. As in the case of the Federal government, this protection cannot be put on a cost and value of service basis. There is no way of knowing what the citizenship would be willing to give up rather than to do without the protective services. The direct economic returns may appear small, yet the immaterial returns are immeasurable. 36. Expenditures for the General Government Are for the Common Benefit. While expenditure for the general government is, as a whole, not one of the largest, it is, nevertheless, important. It occurs in all political divisions and occupies a position of about the same relative im- portance. Reference to the preceding tables will show that in the Federal government this item stands about third or fourth in comparison to other expenditures; in the states and in the cities it is the item third in importance. The chief items included under general government ex- penses are for the executive and legislative functions, some judicial costs, and costs of public buildings. Perhaps the CLASSIFICATION OF PUBLIC EXPENDITURES 57 expenses incident to securing revenues should also be included here. Administrative Expenditures. The largest executive expenditures come in the administration of laws. The officers concerned with executing law are not the same in different countries, but vary with the form of government. In monarchical countries there is usually a considerable expenditure for the maintenance of the chief ruler and his court. No corresponding expenditure is found in demo- cratic countries. The salaries and positions of chief ex- ecutives in the latter correspond somewhat to the various ministerial officers in the former. The heads of monar- chical states formerly had a private income from lands which subsequently became a part of the public domain. At present, then, the expense must be met from the com- mon treasury. It is usually much greater than the cost of the chief ruler of democratic states. The royal family of England, for example, is an annual expense of about $2,500,000 as compared with the $100,000 given to the President of the United States. The chief ruler in constitutional monarchies, such as England, has very little part in the actual affairs of gov- ernment. The functions of his position are largely social and involve expenses for maintenance and entertainment. On economic grounds such expenditure cannot be justified beyond the point of acquiring greater efficiency. It may, however, increase the pride of the citizenship in the state, or increase their reverence through a feeling of awe at the splendor of the government. It is a question, however, if more respect would not be secured if the expenditure were made in such a way as to be felt by the citizenship in a more tangible and material form. Democracies, moreover, are not entirely free from this class of expenditure. Public buildings are often con- structed of expensive design and materials far beyond the call of pure economic need and efficiency. A number of county court houses, city halls, and state capitols testify 58 OUTLINES OF PUBLIC FINANCE to this. While there is no direct economic justification for such expenditure, hi most cases the majority of the citi- zenship agree as to its wisdom. The psychic value in appeal to civic pride and cultural development frequently offsets any deficit on the economic side. Executive officials are, of course, found in the minor political divisions. Frequently the cost for these is greater in democracies than in other forms of government. In England and other constitutional monarchies such posi- tions are made of long tenure and are clothed with con- siderable honor. Because of this honor, people of means can be found to fill the position for little or no remunera- tion. This situation is seldom, if ever, found in the United States. In estimating whether it is in reality a saving, the efficiency of the service must be considered in each case. The objections to gratuitous services, which are discussed on page 75, are of course applicable here. It would be impossible to get the exact executive costs of the minor civil divisions of the United States, because the officials must often handle other duties than those of an executive nature. Federal Legislative Expenditures. The expenditures con- nected directly or indirectly with making laws form an important place in the costs of the general government. In some cases many items go to make up the total expend- iture, while in others the items are few and little is ex- pended. Much depends upon the law and custom of the various states. In England the expenses of Parliament are comparatively low. Few salaries are paid to members, while public documents are not printed for free distribu- tion. The cost seems smaller than it really is, since some of the administrative officers exercise legislative functions and a part of their expense should be considered as legislative. In the United States many more items enter into the costs of Congress. While each member receives an annual salary of $7,500, this by no means forms the entire cost. CLASSIFICATION OF PUBLIC EXPENDITURES 59 Those who have been present at sessions of Congress have been impressed with the number of pages in constant attendance. These, together with the provision for nu- merous clerks, traveling expenses, and stationery, help to swell costs. The expense of getting information through investigations and public hearings is large. One of the largest single items is the expense of printing. Reports and speeches of all kinds are printed at public expense, and in such quantities that they can have a wide distribu- tion. The franking privilege, which has been granted to our Congressmen, no doubt has an influence on our print- ing cost, since thousands of speeches are printed and sent to constituents which would remain unsent if postage had to be paid. An easy and wide dissemination of knowledge is desirable, but it would be difficult to justify the print- ing and distributing, at public expense, of much of the partisan and campaign literature for which the postal system is gratuitously used. Other Legislative Expenditures. Legislative costs are also found in the various minor civil divisions states, counties, cities, and villages. Counties perform very few legislative functions, while municipal councils are seldom purely of this type, hence such costs for these bodies cannot be accurately determined. The lawmaking bodies of the states, however, are purely legislative. The costs are salaries, clerk hire, and similar items. Usually the members of the legislature are paid by the day, plus' mileage, with permission to appropriate funds for inciden- tal expenses, such as lodging, stationery, and stenographic work. Such abuse has been made of this privilege, and funds have been squandered to such an extent, that some states have put limitations upon the length of legislative sessions and upon the amount of appropriations that may be made for the personal use of the legislators. Some judicial costs, such as those of the Supreme Court, are largely met from the common treasury. Such a large part of the judicial system is now on the basis of part 60 OUTLINES OF PUBLIC FINANCE payment by the recipient of the service, however, that a discussion of this service more properly belongs with that class of expenditure. Public Buildings. Public buildings are a necessary part of the machinery for carrying on the functions of the gen- eral government. Aside from the continual cost of care and upkeep, they represent an investment of the taxpayers which, had it been left with them, would be a source of income. In the construction and maintenance of public buildings this fact should be kept in mind, so that no more will be spent than is necessary to accomplish the economic, political, and cultural ends in view. Collection of Revenue. The machinery for collecting and handling revenues in the various political divisions is maintained as a part of the general government. Com- parisons as to the percentage of cost for collecting the total revenues for different countries, or divisions of the same country, are valueless. This is because of the variety of sources of revenue. Some countries or divisions may own and operate one or more public enterprises at little, if at all, above cost. In such cases the cost of collection would be near 100 per cent. If the United States were to consider the postal returns as a part of its revenue, the cost of collecting this part would be more than 100 per cent for more years than it would be less than this, because a deficit has so often appeared. When total revenues and expenses of collection are considered, those divisions operating a number of public enterprises will show a rela- tively high cost of collection. The only satisfactory com- parison would be for particular classes of revenue, such as the cost of collecting the customs duties, income tax, or internal revenues. 37. Consular and Diplomatic Services Have Been Ex- pensive. The services given by consuls and diplomats represent a governmental activity which has been more expensive in many countries than the economic returns will warrant. Countries which maintain lavish courts at CLASSIFICATION OF PUBLIC EXPENDITURES 61 home have the notion that their prestige can be estab- lished abroad by maintaining similar establishments in foreign countries. The real service which these represent- atives might give is often overshadowed by the ostenta- tious display of the establishments. Countries with a democratic government have not emphasized this feature to a large extent. This fact has made it difficult, at times, to get competent men to fill diplomatic posts. The repret- sentatives of democratic governments feel that they must follow the standards which have been established by other countries, while the salaries will not permit them to do so without individual loss. The consular service has been important in aiding the development of commerce, but this becomes less necessary as market conditions become a matter of universal knowledge. Much might still be done, however, in overcoming national prejudices and in seeking methods for obtaining a market for goods in for- eign countries. 38. Expenditures for Education Have Been Large. The expenditure for education has been an important item in all countries, and in the different political divisions of the United States. At present the actual expenditures of the Federal government for this item is only sixth hi importance, excluding interest and outlay charges. This may be seen by referring to the table on page 31, showing the expenditures of the Federal government. This does not represent, however, the importance of what this branch of the government has done. Public lands, whose value would run into millions of dollars, have been given to develop and maintain educational institutions. These do not show on the expenditure account from year to year. Education in States and Cities. The expenses of educa- tion take a much more important place in the annual ac- counts of our states and cities. In both units it is the item of greatest importance. It has been a rapidly in- creasing expense because of the extension of the service 62 OUTLINES OF PUBLIC FINANCE and the elimination of any individual cost. The public school services are considered of such importance that children are compelled to avail themselves of them. To make it easier for the poor classes, moreover, books and supplies are often furnished to the pupils, while in a num- ber of places noon luncheons are served. Although the high school service is usually not compulsory, it is being made more and more attractive by free tuition, and free textbooks and equipment. This compelling and inducing more individuals to take advantage of a service has been reflected in the huge sums spent in giving the service. The demand is growing that the state provide forms of technical education, since the old apprenticeship methods of learning trades are no longer available. Many Euro- pean political units are emphasizing this part of the edu- cational program, and its influence is being seen here in the development of manual training departments in our public and high schools. We can expect a much greater expenditure along this line of development in the future. Importance of Leadership. Trained leadership is essen- tial in every line of activity, and this can best be obtained through educational institutions giving advanced instruc- tion. Many of our commonwealths have established such institutions in the form of state universities. It has not been the practice, however, to treat this form of education on the basis of common benefit, as some charge is made to the student. The charge is usually so small, however, that practically the whole expense is borne by the public. The annual fees paid by students in state universities are usually not more than $50 per year, while the per capita student cost to the state runs between $500 and $700. The cost of the service, then, is largely met from common funds. The returns to the public have been largely in the increased agricultural, industrial, commercial, and general business productiveness which has come from this citizen- ship with higher educational training. It has been suggested that the state has not gone for. CLASSIFICATION OF PUBLIC EXPENDITURES 63 enough in supplying this service that it should undertake it entirely as a common benefit, not only give the service, but grant to each student a scholarship fund of sufficient size to meet incidental expenses. If, among the added thousands who could then avail themselves of this higher training, there should be developed an Edison, Marconi, or Pasteur, it is contended the expenditure would be well worth while. Such a broad educational expenditure for the common benefit may never be reached, yet there are indications of it in the numerous scholarships and fellow- ships which are given to induce advanced work in various lines. Expenditures of Individuals. The enormous expendi- tures of Federal, state, and local governments for educa- tion do not tell the whole story. To get the real impor- tance which is attached to education, the expenditures of individuals and organizations must be added. Public education is supplemented to a large extent by religious and private schools, while many of our larger universities and colleges are privately endowed and receive no public funds. The private cost of education added to the public cost the item of first importance in the public expense account will show to how great an extent education is considered the need of first importance to the citizenship of a state. Experiment Stations. An item closely connected with education is the maintenance of experiment stations and laboratories, and advisory bureaus of various sorts by the different political units. Everyone is familiar with the extent to which this is carried in agriculture. Similar services are given in many other lines, as in mining and forestry. The meeting of the cost from the common fund has been more than justified by the increased production at lower cost in these various industries. 39. Highways Are an Important Cause of Public Ex- penditure. The expenditure for highways is one of grow- ing importance, The development of motor transport^ 64 OUTLINES OF PUBLIC FINANCE tion has caused an increased demand for good roads. This item occupies a more important place in city and state expenditure than in that of the Federal government, although the expenditure here is not inconsiderable. The per capita expenditure for highways is much larger in cities than in the other divisions. In the future, however, we may expect this item to occupy a position of greater importance in the Federal and state expenditure accounts because of the number of roads to be built with the aid of these governments. The importance of good roads cannot be minimized in commercial and industrial development. The public should be on the alert, however, and see that funds are not wasted in road construction. Contracts have some- times been let, through which the construction company received a certain per cent of the cost as compensation for services. Such contracts do not command efficient services, nor the purchase of materials in the best markets, and the payment from the public purse is likely to be much greater than the service given in return warrants. 40. The Regulation of Private Industry Is an Item of Increasing Importance. The reaction from the laissez- faire policy is becoming more and more marked. This in- creased government interference means an increasing ex- pense. It is found in the different political units, but is perhaps more marked in the Federal and state govern- ments. The expenses of the Interstate Commerce Com- mission, with its numerous hearings and investigations in regulating interstate traffic, are not inconsiderable. The activities of the Federal Trade Commission, and of the continued increase in the amount of government inspec- tion of privately produced goods, are other examples of the growing importance of this service by the Federal government. This service of regulation is augmented and extended by the state governments. In the majority of states public utility commissions seek to secure for the public a satis- CLASSIFICATION OF PUBLIC EXPENDITURES 65 factory service at a reasonable rate from the various public service enterprises. Here again numerous costly hearings and investigations are necessary. Systems of inspection are found in varying degrees in all the states. Among the most common are factory inspectors, food in- spectors, and oil inspectors. Cities often have inspectors of various sorts to carry out provisions of ordinances, such as investigating market, light, or street conditions. A part of their regulatory expenses is met by other political divisions, as the regulating of utilities companies through the state commission. This class of expenditure will doubtless be of growing importance as the public continues to become more exacting. 41. Many Miscellaneous Expenditures Are Made for the Common Benefit. Many expenditures are made for the common benefit by the different political divisions which will not fall under the previous classifications. While most of them are rather small, the aggregate would make no inconsiderable sum. The Federal government maintains a currency and banking system as well as a standard system of weights and measures. Commerce is further aided by maintaining lighthouses, and navigable rivers and harbors. National parks and reserves are pro- vided for recreation and experimental purposes. The amount spent for health and sanitation has increased rapidly. The states and local divisions also spend funds for many of the same things. Recreation, health, and sani- tation hold important places in city expenditures, but comparatively unimportant places in those of the states. States often spend funds for conserving natural resources and for giving exhibitions, such as state fairs for promot- ing commerce and industry. Many of this class of ex- penditures are found almost exclusively in municipalities. Among such are those for street lighting, cleaning, and sprinkling, and for the maintenance of sewers and public markets. A consideration of the number and importance of these 66 OUTLINES OF PUBLIC FINANCE expenditures, which are made without reference to any individual benefit, indicates the social aspect of the mod- ern constitutional government. The needs of the social group are being recognized by the state, which is contin- ually assuming responsibilities that were formerly held by individuals. Through the exercise of its regulatory func- tions, moreover, the apparent rights of individuals are often superseded by the demands of social welfare. 42. The Cost of Providing for Dependents, Defectives, and Delinquents Is Large. Expenditures for individuals, although treated as if they were for the common benefit, are not as numerous as the ones for the common benefit. The most important item in this class is the cost of caring for dependents, delinquents, and defectives. A glance at the preceding tables will show its importance. In the state and Federal expenditures this item is near the top, while it is comparatively low in cities. This is true be- cause the other divisions look after the cities' needs in these matters. The per capita cost for cities, however, is greater than for the states. Public Charity. The problem of public charity is im- portant, not only from the standpoint of the amount spent, but from the standpoint of how it is spent. Ex- penditures for charity should be made so as to produce as few deleterious effects on the recipient as possible. If re- lief is administered in a haphazard way the evils which were sought to be corrected will only be magnified. Ex- penditures should be used, whenever possible, to remove the cause, so that they will not have to be repeated. Often only temporary assistance is needed, and if this is given in the right way future expenditures for these indi- viduals may not be necessary. Where the cause cannot be removed, or is regularly recurring, permanent aid must be resorted to. The most common causes of the need for permanent charities are the various sorts of bodily infirmi- ties. The city and county almshouses and poor farms are widespread evidence of permanent public charities. CLASSIFICATION OF PUBLIC EXPENDITURES 67 Private Charity. As in the case of education, only a part of the cost of charity is borne by the public perhaps the smaller part. Other agencies at work giving the same service are individuals, religious bodies, fraternal organi- zations, and various forms of associated charities. There is a place for the work of each, but their energies should not be expended independently of each other. Each should know what the other is doing, so that efforts will not be duplicated that would defeat the ends in view. At best, expenditures for charity are discouraging, since causes never seem to be removed to such an extent that the need for the expenditure decreases. Some laws and customs in the past have made it easy for willful vagrants and paupers to exploit the public. It is needless to sug- gest that legislation, rather than to foster such conditions, should make them extremely difficult. Insurance and Pensions. Some measures are under- taken by the state which are designed to lessen the need for charitable expenditures. Chief among these are the various forms of compulsory insurance. Where workmen are required to deposit a part of their wages in a fund, to be returned in case of disability or old age, or where the employer is required to make some definite provision to compensate for the accidents or sickness of his employees, the public burden is often lessened. There has been a rapid extension of the various forms of social insurance, and it is possible that this may be a means of lessening the amounts spent for charity. The provisions for old- age pensions and mothers' pensions, which are gradually being extended, will likewise tend to lessen the item of expenditures for charity. Care of Defectives. The costs for caring for defectives and delinquents have shown a continued and rapid in- crease. This is due not only to the increasing numbers for which provision must be made, but to the better services which are being given. The most important in- stitutions for the defective class are those for the insane, 68 OUTLINES OF PUBLIC FINANCE blind, feeble-minded, and deaf and dumb. The heaviest burdens in the care of these classes fall upon the state governments. The greatest cost is for the insane. The figures are almost startling. In 1918, out of a total cost to the states for charities, hospitals, and corrections, of $118,084,000, the amount which went to institutions for the insane was $49,950,000. In some states the expendi- ture for the insane is larger than the sum total of the ex- penditures for education a fact which is worthy of con- sideration by serious-minded students. There seems to be little prospect for decreasing the expense for these classes. In fact, as expert medical treatment is extended to replace the old treatment by force, costs may be expected to increase. Corrective Institutions. Corrective institutions are of various classes. They are maintained for adults and minors, and vary from Federal prisons to the village and county jails. Expenses for these institutions have in- creased, partly because of increased numbers of inmates, and partly because of attempts to make them corrective rather than mere institutions for punishment. The possi- bilities for reducing expenditures here, however, do not seem so remote as in the cases of other institutions. In- mates can be engaged to a greater extent than formerly in productive labor, and as society becomes more advanced the conditions for producing and propagating a criminal class may be partially removed. 43. Governments Often Give Pensions and Bounties to Individuals. Some form of the pension system is found in nearly every country. The granting of pensions is generally undertaken on the grounds that a service has been given which has not been properly rewarded, or for the reason that disability has resulted because of services rendered to the government which handicaps the present capacity of the individual for production. Under the first case a pension should be regarded as a payment for value received, rather than as a gratuity. England, in a CLASSIFICATION OF PUBLIC EXPENDITURES 69 large measure, has regarded her pension system in this light, and has allocated the costs to the various govern- mental departments under which the recipients have given services. In the United States the idea of reward for dis- ability has been the chief ground for granting pensions. If this were legitimately followed, no objections could be offered to our pension system. The surplus of funds in the United States in the 'eighties led to such fraud in the granting of pensions, however, as to bring the system into disrepute. While it has been purged of its grosser evils, the chance for politics to play too dominant a role still remains. The rather large item for pensions in state ex- penditures is accounted for by the pensioning of Confed- erate soldiers by the Southern states. In late years the pension system has been extended to include others than those who have rendered some special service to the government. The old-age pensions which have been inaugurated in England are an example of this situation. Every person over seventy years old, who is a British subject, who has resided in the country a certain number of years, and who does not have an income ex- ceeding a certain amount, is entitled to a pension. The size of the pension varies according to the income of the individual. A number of commonwealths of the United States have provided for mothers' pensions. These are given on the ground that a better citizen will be produced if a child grows up under a mother's care than if it is reared in a public institution. Bounties and Tariffs. Government bounties may take various forms. Industries which a government may think desirable may not be able to exist because of foreign competition or for other reasons. The most common form of the use of a bounty is for the government to pay to the managers of such industries a sum sufficient to enable them to exist. Some of the bounties given by European states to stimulate the production of sugar are good examples. Minor political units have often given 70 OUTLINES OF PUBLIC FINANCE bounties to stimulate the eradication of undesirable fac- tors, such as destructive animals. In the United States the promotion of industry has taken another form than the straight bounty, though in the end the results are much the same. These ends have been secured through the use of the protective tariff. Students of economics are familiar with the arguments advanced for protection and with the method of its work- ing. If it is used to enable industry to live, it must reim- burse the manager in some way. It does this by keeping out competitors and allowing the price of products to rise. In this case the consumer pays directly to the producer, while if the payment were made by government bounty the collection would be made from individuals by the government. In the latter case the burden would be more widely diffused, since the collection by the government would not likely be confined to the users of the product. 44. Some Expenditures Are for Individual as Well as Common Benefit. The most general governmental service which takes account of both individual and common bene- fit is the maintaining of the judicial system. The system is maintained primarily for the common good, yet the individual is required to pay for the benefit received when he avails himself of the service. Judicial System. Governments very early undertook the function of settling the disputes of their citizens. At first the costs were borne by the disputants, but it grad- ually became recognized that justice was so much of a public asset that the greater part of the burden of securing it now rests on the public. It would be unwise to remove the entire burden from the litigants, however, for it would mean the congestion of the courts with unimportant cases. In civil cases the part of the cost to be borne by the individual is usually placed upon the one found at fault. This has a beneficial effect in minimizing unimportant litigation. The proportion of the expense borne by the state in criminal cases is usually much greater than in CLASSIFICATION OF PUBLIC EXPENDITURES 71 the civil ones. As a whole, the cost of justice is an impor- tant item of expense in all countries and all political divisions. Comparisons are difficult to make because of the different systems in vogue. Besides establishing justice, the judicial system pro- vides many other services. It has become the function of courts to interpret constitutions, and to pass upon the constitutionality of legislation. Property rights are estab- lished, deeds and mortgages recorded, various sorts of licenses are granted, for all of which the individual who avails himself of the service must make payment. Usually it is small, and the real burden of the cost rests with the government. Other Individual Payments. Other examples of expend- itures of this class are in various kinds of public improve- ment. Paving streets, building roads, and constructing sewers, are common illustrations. Primarily, the improve- ment is undertaken for the public benefit, yet obviously the property near or abutting it receives a benefit. This is why abutting lot owners are asked to help bear the cost of paving streets', and farmers owning land along an im- portant highway are asked to help defray the expenses of improvements. A number of our postal activities is based on the same method of expenditure. The cost of provid- ing this service in the more sparsely settled communities is much greater than the returns. In the United States the importance of the service to the individual has been minimized, since the returns have seldom been more than costs, but generally have been less. In a number of European countries the principle of securing a net return is followed. 45. Some Expenditures Are Primarily for the Indi- vidual. The costs of those industries which government units run on a commercial basis cannot be put in any of the previous classes. No net expenditure is expected to result, since the produce of the industry is calculated to equal or more than equal the expense. Examples 72 OUTLINES OF PUBLIC FINANCE may be found in every political unit where industries have been undertaken by the state for the purpose of supplying commodities needed by the government, or for supplying them to individuals on a commercial basis. Reference to some of the preceding tables will show the importance of expenditures for public service enterprises. Some of the more important materials which govern- ments undertake to furnish for themselves are military and naval supplies. Transportation of goods, passengers, and messages is often supplied for individuals. Gov- ernments sometimes maintain monopolies, primarily for the sake of the revenue returns. Such are the tobacco and salt monopolies of some European states. Because of the revenue returns from this class of disbursements it does not occupy an important place in the consideration of public expenditures. 46. Expenditures Tend to Become More for the Com- mon Benefit. The number of functions which govern- ments undertake for the common good increases as civili- zation advances. In some cases transition from giving a service on the commercial basis to that of the common benefit has been rapid; in others it has been slower, while others are still in the process of change. The maintenance of public schools and highways is no longer considered, in this country, in any other light than for the common benefit. It was not so long ago, however, that neither of these services was supplied to any extent except by individuals. Anecdotes relating to the pay of the public school teacher by the patrons of the district are common. Investigation of the early laws of our states will show that numerous charters were granted to turn- pike and highway companies, with the permission to erect tcllgates. When the state began to give these services individual payments were still required for education, while tollgates were kept on the roads. The charges were quickly given up in the case of public schools, and more slowly in the case of highways, until the expenses of both CLASSIFICATION OF PUBLIC EXPENDITURES 73 are now met from the common fund. The postal system has changed, in many cases, from the basis of profit to the basis of service, and any deficit is made up from the common fund. It is unlikely, of course, that this service will ever be treated as purely for the common benefit. Many municipal services are following the same trend. Such are the supplying of water, gas, and electricity, where they are furnished by the municipality. While the ex- penditure for the common benefit at present holds by far the most important place, its importance will no doubt be still more marked in the future. ADDITIONAL READING Census reports: Financial Statistics of Cities. Financial Statistics of States. Wealthy Debt, and Taxation. Statistical Abstract of the United States. Edward B. Rosa, " Expenditures and Revenues of the Federal Government," The Annals of the American Acad j emy of Political and Social Science, vol. xcv, pp. 1-113. CHAPTER IV THE DEVELOPMENT OF PUBLIC REVENUE 47. Most Demands of the Modern State Are Monetary. In supplying the various materials and services which have been considered in the preceding pages, the state has no superhuman power. The funds required for these expenditures must be secured from some existing source. The two most imperative needs of the state are the con- trol over space, from which it can direct its activities, and the control over services and commodities with which to carry out its desires. The modern state differs vastly from the earlier ones in the method by which this control is secured. Under feudalism and other early forms of government the ownership of the land was in the hands of the state, and the first mark of citizenship was obligation to render services to the state. Gradually the lands passed into the ownership of individuals, and the obliga- tion of service was no longer synonymous with citizenship. The change has continued until the modern state must act very much as an individual in supplying itself with space, services, and commodities. If land is needed for a public building it must be purchased in the open market. Officials are secured to carry out the functions of the state by paying them salaries. The powers of the state are somewhat stronger than those of individuals, however, in that it can commandeer land for its use, or for the use of individuals it may designate, through the right of emi- nent domain. It also has the right to coerce services of its citizens. This always follows some well-defined plan, and may be extended to include a large proportion of the THE DEVELOPMENT OF PUBLIC REVENUE 75 citizenship, as in the case of conscription for army and navy services. The best example, perhaps, in normal times, of coercive service, is in securing men for juries. This is a general practice in the United States. Another form of coercive service which is rapidly disappearing is the requirement of a certain amount of work for the maintenance of high- ways. With few exceptions, then, it may be said that the demands of the modern state are monetary. It requires its revenue to come in the form of money, and uses this money to secure land, services, and commodities from individuals or governments, instead of requiring them to be supplied gratuitously. 48. Gratuitous Services to the State Are Unsatisfac- tory^ The unsatisfactory character of gratuitous services is one reason why they are so little used at present. In the United States services are sometimes given on boards of directors, or as visitors to public institutions, or occa- sionally as mayors of small towns. The motives which prompt citizens to offer such gratuitous services are pa- triotism, distinction, or some such appeal. That patriot- ism gives a strong appeal was evidenced by the number and caliber of some of the "dollar a year" men in the service of the United States government during the Great War. The difficulty with most of the motives for gratuitous services is that they are not of sufficient permanence to insure a continued efficient service. The patriotic flash soon dies with the passing of a crisis, while a position of honor may quickly lose such distinction. Men who re- ceive nothing for their services can hardly be expected to give much in return. It is only when they are put on a "value received" basis that the public can successfully hold them responsible for the proper performance of duties. The motives for gratuitous service, moreover, unless underneath there be a chance for individual gain or pull and then the service ceases to be gratuitous 76 OUTLINES OF PUBLIC FINANCE are ordinarily not strong enough to call men with marked ability. Either they will have accomplished their goal in private life, and are willing to ease off on the public, or will be using the office as a stepping stone, neither of which could give the best results. As a whole, political units have gone to the basis of paying for men to render the re- quired service, and it is the duty of the citizenship to hold officials responsible for the proper conduct of their duties. 49. Public Revenues Received Many Early Classifica- tions. Almost as soon as states began to rely upon rev- enues to carry on activities, those interested in fiscal problems became concerned about the importance and justice of the various sources of revenues. Bodin, the French scholar, gave one of the most interesting early classifications. He enumerated seven sources for securing public revenue wlu'ch, he said, included all that could be thought of. They were: (1) landed domain; (2) con- quests from enemies; (3) gifts from friends; (4) tributes from subject states; (5) public trading; (6) customs duties; (7) taxes. Such a classification is interesting when compared with the important modern sources of revenue. Bodin held that the revenues from public domains were the most just and certain, but that customs duties were wholly just. His reason for the latter was the one commonly held at that time if any foreigner was to gain by trading, let him pay for it. Taxes were only to be used when all other sources failed to produce a sufficient amount. Adam Smith divided revenues into those coming from a fund belonging to the state, and from a fund belonging to the citizens. He was not in favor of the state entering industry, and believed that most revenues should come from the citizens. Most of the other early fiscal writers were likewise concerned about the important sources of revenues, and many of these sources were discussed, not only from the fiscal point of view, but from the standpoint of economic principle and ethics as well. THE DEVELOPMENT OF PUBLIC REVENUE 77 50. The Question of Public Lands Has Been Important. The public domain formerly held the most important place in the source of revenues. Much discussion arose as to the wisdom of this, and the result has been that modern states have almost entirely disposed of their landed pos- sessions. A number of reasons have been set forth why the state should retain these lands, and also why the state should dispose of them. The best summary of these argu- ments has been given, perhaps, by Rau, a German fiscal writer. Some of them are worthy of notice. Disposal of Public Land. A state should give up its public domain, he said, because it was not fitted to enter industry. In private hands the domains would yield a larger income because an individual owner is more ener- getic in seeking to get profits than is a public official. As a rule public officials are not so much concerned in making improvements in methods of production as are individ- uals. The public ownership of land, moreover, gives the government a special interest of its own, which may lessen its activity in undertaking projects which might be needed for the general good of its citizens. Competition with private industry might also lead to dissatisfaction. Experience has shown, moreover, that states that have given up lands have had an ample source of revenue from the citizens, which shows that the retention is unnecessary. Retention of Public Land. On the other hand, some- thing may be said in favor of the state retaining lands so as to have an independent source of revenue. An income from such a permanent source can be depended upon, and the state does not have to rely upon legislative enactment to procure funds. When legislative enactment is neces- sary, officials who desire to gain favor with a part of their constituency may curtail the exaction of revenues far be- yond legitimate needs. Recognition has sometimes been made of the fact that particular officials may be hostile to, or disinterested in, certain public enterprises, the use- fulness of which could be hampered by retrenchment in 78 OUTLINES OF PUBLIC FINANCE the revenues for their development. To prevent this situation, provision is sometimes made that a certain part of the revenue collected shall be used for a particular purpose, as, for example, for the state university. If the citizenship lacks public spirit, moreover, and resents the exaction of funds, an independent source of revenue might mean more harmony within the state. The problems of inequality and injustice, which arise when funds are secured from individuals, would also be minimized, it was claimed. Public credit would be strengthened, it was further contended, if the state had public lands to offer as security. Use was made of lands as a basis for credit to a relatively large extent in the early development of governments. One of the best examples of the use and failure of the public domain as a basis for credit was in France, when John Law used it as the basis for bank note circulation. Not only were the notes based upon the public lands of France, but also upon the lands in the Mississippi Valley. Difficulty arose, however, when attempts were made to redeem the notes. The reasons set forth for the state's retention of public lands would have more weight if they could be managed as efficiently in the hands of the state as when turned over to individuals. This, however, would seldom be true, especially if agricultural pursuits were followed, since this form of industry does not lend itself well to large scale production. The state can draw upon the resources of its citizenship, moreover, and it has usually gained by disposing of its lands and allowing them to be managed by the greater efficiency of individuals. 51. The United States Has Disposed of Her Public Lands. More than three fourths of the continental area of the United States has at some time been the property of the Federal government. Ownership was acquired in various ways. The original thirteen states ceded much of their claims to the Federal government. The Louisiana THE DEVELOPMENT OF PUBLIC REVENUE 79 purchase was the most important single acquisition. It was purchased from France in 1803 for $15,000,000. Florida was purchased in 1819 for $5,000,000. The Ore- gon territoiy was obtained by treaty in 1846. Mexico ceded a large portion of the Southwest in 1848, while a small addition was made by the Gadsden purchase in 1853. An important purchase outside the continental do- main was that of Alaska from Russia in 1867, for $7,500,- 000. Other small additions have been made in the form of islands located in various parts of the world. The government very early took the attitude of dis- posing of its public lands. About three fourths of the amount of land which has passed from the control of the government has been in some form of a gratuity. A part of this has been given to states for various purposes, some to companies and individuals in order to foster internal improvements, while much has gone to aid the develop- ment of educational institutions. Method of Disposition. A number of policies have been followed in the disposal of public lands. At first the at- tempt was made to dispose of large tracts of land for cash payment. The scheme failed because of the lack of avail- able funds for purchasing, and because land had not yet entered into a category to appeal to speculators. The opposite policy of the sale of small tracts on credit was adopted about 1800. Greater success attended this policy, since actual cash was not needed, and because it catered to the speculating class. The net result, however, was somewhat disappointing, since a considerable amount re- verted to the government when payments could not be made. About 1820 another method of sale was put into force. Cash had to be paid for lands, but any amount above a moderate minimum which the purchaser desired would be sold. Sales were slow until just preceding the panic of 1837. The deposit of the Federal funds in the state banks, with the subsequent multiplication of bank note currency, gave an abundance of cash, while public 6 80 OUTLINES OF PUBLIC FINANCE lands formed a good speculative investment. This situa- tion existed until Jackson issued his " specie circular," which prohibited the acceptance of bank notes in payment for lands. The panic soon followed, which, of course, stopped all purchases for the time being. Since then an attempt has been made to dispose of lands to actual set- tlers under different preemption and homestead acts. The government has usually tried to prevent land grab- bing and the accumulation of large tracts of land in the hands of single individuals. This policy has often been frustrated by various frauds and schemes, and by the lax requirements of the government. Numerous cases of fraud have arisen in securing and holding claims. Resi- dents of Eastern states have frequently found themselves owners of tracts of Western lands with which they have had nothing to do except permit some acquaintance to use their names in making the claim. The most serious violation, perhaps, of the principle of breaking the land up into small plots came in the disposal of the large gifts made to the various states for educational purposes, and through the gifts to railroad companies. Some individuals, also, have succeeded in securing tracts which control a much larger area than was intended by the acts of the government. The best examples of this are claims in the West which control the only available water for much larger areas. Success of Policy. Congress was severely criticized for some of the purchases of public lands, while some officials looked upon them as possible sources for immense rev- enues. Jefferson looked upon the Louisiana purchase as a source for the payment of the national debt. The poli- cies used in distributing the lands, however, precluded the materialization of any of these predictions. On the other hand, the returns from sales of lands have lacked more than $125,000,000 of meeting the expenses which the government incurred on their account. These expenses, in part, came from making surveys, extinguishing Indian THE DEVELOPMENT OF PUBLIC REVENUE 81 claims, and maintaining the land offices. An extensive domain still exists, but it is in large part the undesirable land of the country, and will not likely be any source of profit to the government. If the land policy were judged on the business standard of profit and loss, it would be considered a failure. From the standpoint of expediency, however, in spite of the frauds and evils which arose, the policy has been a wise one. The rapid development of the country was an im- portant result of the rapid disposal of lands. The possi- bility of getting title to lands caused a flood of Western immigration which would not have arisen had the gov- ernment attempted to retain title and to lease the land, or to sell at a profitable figure. The grants of lands to transportation companies greatly stimulated the building of railroads, which did much toward hastening the agricultural and industrial develop- ment. The wealth based upon the former public lands has increased many fold since it has been turned over to individuals. The wealth of the citizenship, after all, is the resources of the state, and there is a much larger source upon which the government can draw for support than if it still retained much of the former public lands. It is interesting to speculate whether the government would have been as able to meet such a crisis as the Great War had it followed the policy of retaining its lands as a source of revenue. Policy of the States. The policy followed by the various states in disposing of lands which were in their possession has been similar to that of the Federal government. To dispose of them as quickly as possible has seemed to be the general tendency, at least until a few years ago. The number of frauds which arose has led to a somewhat more guarded policy in managing and distributing what re- mains. This has been most marked with the forest lands of the North, the swamp lands of the South, and the arid and mining lands of the West. Many statutes may be 82 OUTLINES OF PUBLIC FINANCE found which deal with the use and disposal of such of these as remain in the hands of the states, but as yet pub- lic industry on the land is undertaken to only a limited degree. More is done to govern individual ownership and management. 52. Agitation for the Public Retention of Forests and Mines Has Been Increasing. The justification of public ownership of such domains as forest and mineral lands stands upon an entirely different basis from public owner- ship of agricultural lands. Management of forestiy and mining projects is much simpler than agriculture, since these industries can be conducted on a large-scale basis to a much greater advantage. From the standpoint of securing revenue, a state would more likely succeed by owning or managing forests and mines than agricultural projects. Importance of Forests and Mines. The revenue aspect, however, has not been the item of greatest concern in considering the retention of forests and mines. Lumber and minerals are used up once and for all, while agricul- tural lands continue to give their return year after year. It is to the interest of the individual owner, moreover, to conserve the qualities of the soil so it will continue to pro- duce as much as possible. Its fertility may be preserved so that the soil will be as productive for future generations as for those using it at present. This is not true of the other industries under consideration. An individual who owns a tract of mineral or forest land is interested in getting an immediate return. The method of production which will give this return will likely be the method used. Little concern has been had for future generations in the wasteful consumption of forests and minerals. Minerals once used cannot be replaced, while the fruition of reforestation is too distant to interest a particular generation. Since the products of forests and mines are so vital to the life and development of society, and since individuals are not sufficiently concerned with THE DEVELOPMENT OF PUBLIC REVENUE 83 the welfare of future generations to seek to provide a con- tinuous supply, it seems that the government should undertake this function. The state is the one entity which is concerned with posterity and its interests, and should be relied upon to see that future generations are properly protected from the greed of those living at present. Indirect Effects of Forests. That forests supply a useful product directly is, of course, important. Their indirect effect on climate, commerce, and industry is no less im- portant. Porous forest lands assimilate moisture and give it up gradually. The removal of the forests is likely to cause disastrous floods in the winter and spring, and serious droughts in the summer and autumn. Such a situation is a detriment not only to agricultural develop- ment, but also to the use of water power as a means of conserving coal. Streams are a valuable and cheap source of power, which is greatly lessened, however, if the flow is not reasonably steady throughout the year. Steadi- ness of volume is also a necessary feature of streams which are to be used as commercial highways. Any ad- vantage which may come from water transportation is quickly counterbalanced if vessels must lay up for a part of the time because of low water. These indirect influences of forests only magnify the need that the state exercise its authority in preserving them from generation to generation. 53. States May Successfully Conduct Some Forms of Industry. Much discussion has arisen over the relative efficiency of the management of industries conducted by individuals compared with the management of those con- ducted by the state. Some countries have extended their activities in these directions much more rapidly and ex- tensively than have others. The governments of the United States and its political divisions have proceeded slowly in taking up these operations, yet there is at pres- ent much agitation for government ownership and opera- 84 OUTLINES OF PUBLIC FINANCE tion. It is too much to expect that a government could successfully manage every kind of industry, yet some may be carried on to better advantage than others. No rule can be definitely stated which would mark off the field for state enterprise, yet it may be possible to suggest some conditions which favor the success of state activity in industry. Conditions Favorable to State Management. An industry- suitable for state management must be one which can be closely watched by the public. It is necessarily carried on by public officials, with the temptation always before them of securing benefits to themselves at the expense of the public. Not only must it be an industry which can be closely observed, but it must be one in which the public is interested. The managing officials, otherwise, will not be held responsible for the method in which the business is conducted. An industry which has reached, or nearly reached, its final stage in development is better fitted for government management than a new industry in which much progress is needed to make it efficient. State officials do not have the same motives for progress and efficiency as individual entrepreneurs, since the returns of the busi- ness are the rewards to the latter, while the former receive a salary for their services. A mature industry has the further advantage that the necessary operations have been standardized so that it is comparatively easy to assign definite tasks for which the employees can be held responsible. In a new and progressive industry, the entire method of operation may change every few years, while different aspects are continually in the process of change. This makes it difficult to secure men to be held accountable for particular tasks. While many individual exceptions doubtless exist, as a general proposition, however, the government will be more successful in managing a mature industry than one in the formative stage. 54. The Post Office Is a Good Example of Government Enterprise. Some enterprises seem to fall naturally to THE DEVELOPMENT OF PUBLIC REVENUE 85 government management in fact, so naturally that the situation that they are really government enterprises is often lost sight of. The postal systems of various countries give the best example, perhaps, of an industry conducted by the government. The postal system is so generally conducted by the government that the possibility of its existence under individual management is scarcely given a thought. Not only is it one of the most general forms of public industry, but one of the oldest. Adam Smith re- ferred to it as the only mercantile project which had been successfully managed by every sort of government. The beginnings of postal systems were usually with in- dividuals connected with mercantile pursuits. Messages were sent from establishment to establishment by a run- ner, who gradually acquired the habit of carrying messages for individuals who were along his route. An exception to this was the postal system which the Romans estab- lished as an adjunct to the military organization. As a whole, however, the system had very little development before it was taken over by the government in various countries. After the postal system became a government monopoly a number of changes were made in rates of charges, and in the method for their determination. Charges at first were generally very high, and distance of carriage was an im- portant factor to be considered in fixing the rate of charge. Gradually, however, rates were lowered, weight became the sole basis for the charge, while payment was made by affixing stamps. It might be said that the postal system had assumed its present form by 1850. While rates within the various countries were gradually reduced, cheap international postal rates came slowly. The recent establishment of the Postal Union has secured lower rates among the countries which are members. Postal System in the United States. The growth of the postal system in the United States has followed the gen- eral trend of development of this enterprise. Acts passed 86 OUTLINES OF PUBLIC FINANCE by the Mother country provided for a Colonial postal sys- tem. A three-cent rate was adopted in 1851, and a two- cent rate in 1883. Distance as a basis of charge was given up comparatively early, and weight with payment by stamp was adopted. This has no doubt imposed a burden upon some parts of the country at the expense of other parts. If statements could be secured which would separate the postal revenues and expenditure of the part of the country east of the Mississippi from those of the territory west of this line, there is no doubt that the eastern part would show a substantial surplus, while the western part would show a large loss. It appears the people in the more thickly settled part of the country are paying an excessive price for their service, while the more sparsely settled regions are securing services at less than cost, with the deficits paid by the former class. If all the indirect gains were considered, however, which have come to the eastern population because of the rapid develop- ment which a cheap postal service has fostered, it would no doubt be quite evident that all expenditures for main- taining the system have been very remunerative. Motives for Conducting Postal System. The aims which a state may have in view in conducting the postal system are not the same in different countries, nor in the same country at different times. In the earlier periods the idea of securing revenue predominated, while the claim of pub- lic service received little consideration. In that part of the service where the government has a monopoly, as in carrying letters, the charge will be comparatively high, while in the part of the service where there may be com- petition, as in carrying parcels, the rates will be fixed more on a competitive basis. There has been a tendency to minimize the importance of securing the largest possible revenue, however, while public service has been given greater consideration. It is at present the policy of no country, perhaps, to secure more than a good business profit, while some Attempt to THE DEVELOPMENT OF PUBLIC REVENUE 87 conduct the industry on a cost basis, or even run with a deficit which must be made up from the common treasury. France and England usually receive a substantial profit, while the United States has practically attempted the cost basis, although in a majority of years a deficit has ap- peared. Before 1819, in the United States, the annual revenues exceeded expenditures, while a deficit appeared for more than half of the next thirty years. This whole period showed a slight deficit, while a deficit has occurred in practically every year since 1850. During the Great War the revenue aspect received more emphasis. Rates were raised, and distance was adopted as a factor in de- termining the postage upon second class matter. Since the war the letter rates have been reduced, and as expend- itures assume more normal proportions the zone system of charge for second class mail will doubtless be repealed. 55. States Enter Many Fields of Activity. The owner- ship and management of the postal system is perhaps the oldest and most general of government enterprises, yet modern state activities reach into many other fields. Many causes have contributed to the development of this situation. The success which attended the various states in the management of the postal system, whatever the aim primarily in view, soon led to the conclusion, among certain classes, that the state could be just as successful in other lines of endeavor. The doctrine of laissez faire, moreover, under which competition was expected to work out justice in charges and services, soon proved to be un- satisfactory. This became increasingly true in the indus- tries with which the public is most deeply interested the public utilities. From factors inherent in the nature of their business, competition is destructive, and combina- tions and trade agreements soon began to appear. Public ownership has been proposed as one method of escape from the abuses perpetrated by these monopolies. It has been carried much farther in some countries than in others. In many European states the telegraph, tele- 88 OUTLINES OF PUBLIC FINANCE phone, railroad, and express companies are owned and operated by the government. In the United States these industries still remain under individual management in spite of increased agitation and pressure from certain classes for government ownership. The extension of the postal system to the carrying of parcels has made the government a competitor with express companies, while the extensive regulation through the Interstate Commerce Commission and the numerous state public utility com- missions substantially limits the activities of the individual enterpriser. 56. Public Ownership Has Had Most Rapid Extension in Municipalities. The larger governmental units of the United States, as has been indicated, have been slow in developing public industries. The opposite tendency has been shown in the municipalities, especially in the smaller ones. The waterworks very early began to be taken over by the cities, and the policy has grown until at present comparatively few individuals are supplying water for cities. A few large cities have taken over the task of sup- plying gas and electricity, yet unqualified success has not crowned the efforts. Cases have arisen where failure was so marked that the plants have been turned back to private management. In the smaller cities, however, ex- tension of ownership has been much more rapid. Not only is the supply of nearly all the water furnished from public plants, but the cities have frequently undertaken to supply a number of other utilities. In some cases the success has been certain; in others, doubtful, while failure has sometimes resulted. Instances in which smaller cities have given such industries over to individuals are infre- quent, which would lead to the belief that the experiment has been fairly satisfactory. Reasons for Municipal Industries. The reasons for the rapid municipalization of industries are not far to seek. Competition naturally gave way to monopoly, followed by an exploited public. Antagonistic public sentiment THE DEVELOPMENT OF PUBLIC REVENUE 89 was quickly aroused, in the development of which the public press played an important part. A number of magazines devoted to municipal problems rapidly came to the front, which supplemented the agitation already carried on by numerous newspapers. State legislatures influenced the development by facilitating the acquisition of the industries by the cities. Debt limitations frequently have been lifted so that bonds could be issued for con- struction or purchase. The above factors have not only caused a rapid exten- sion of municipal ownership, but have had a salutary effect upon the individuals who continue to operate public utilities, in that more consideration is given to the wishes of the public. Where this results in a satisfactory agree- ment between the operator and the public, the desire for public ownership may be indefinitely postponed. The inauguration of regulation by public boards, in so far as this succeeds in securing just relations between the public and the individuals or corporations supplying its utilities, will postpone and weaken the desire for municipal owner- ship. However successful public management has been, it does not indicate that a rapid extension may be expected. The agitation has, perhaps, done much to accomplish its purpose through the changes in the service given by indi- viduals, and the past successes of public ownership sug- gest a plausible alternative if the desired results cannot be obtained through private management. 57. Revenue Has a Place of Relatively Small Impor- tance in Modern Public Enterprise. It has been indicated that the post office may be conducted with a number of ends in view. The same may be said of public industries in general. The revenue aspect first held an important place, such as it still holds in the tobacco and salt monop- olies of some European countries. The general trend, however, has been to emphasize the service aspect, and with this in mind net revenues have often disappeared, 90 OUTLINES OF PUBLIC FINANCE and deficits have to be made up from the general fund. Such a situation does not indicate that the conduct of the industry has been a failure, because success is not always to be measured in financial returns. The postal system of the United States must be considered a success in that it has been a factor for the cheap dissemination of informa- tion, even though there has been a financial deficit. Highways were once conducted with the idea of getting at least some return, yet the public tollgate is an institu- tion that most members of the younger generation have never seen. The maintenance of highways, moreover, is not branded as a failure because no revenue, gross or net, is received. Municipal waterworks, while they have never been conducted on the same principle as highways, frequently tend in this direction. Deficits often occur, not because the enterprise could not be made financially successful, but because the aim in view has been to give a service at a low cost. In measuring the success of a public industry, then, the aim with which it is conducted must always be considered. In most cases the fiscal aim has been superseded by the desire to give a public service. 58. The United States Census Bureau Classifies Rev- enues. The classification of revenues which is used by the census bureau is similar to its classification of expend- itures, in that it is largely for mechanical purposes. The reports must be based upon official records, and since there is a lack of uniformity in the various political divi- sions, a detailed classification would be impossible. Only a broad statement of receipts, therefore, has been at- tempted. A number of classes have been formed with a definite meaning assigned to the terms used to designate them. The meaning assigned has been taken from the usage of the best authorities on fiscal problems, modified in particular instances by some special requirement. Revenue Receipts. The two primary classes of revenues correspond to the two primary classes of expenditure. They a.re revenue receipts an4 norjreyenue receipts, The THE DEVELOPMENT OF PUBLIC REVENUE 91 former applies to all money and wealth received by gov- ernmental bodies which increase the aggregate assets with- out increasing the liabilities. Under this head the follow- ing items are listed, a detailed discussion of which will be taken up in succeeding chapters: general property taxes; special property taxes; poll and occupation taxes; special assessments; business and income taxes; business license taxes; nonbusiness license taxes; fines, forfeits, and escheats; highway privileges; interest and rents; sub- ventions and grants; donations and gifts; earnings of general departments; and earnings of public service enterprises. Nonrevenue Receipts. The class of nonrevenue receipts is described by the census bureau as follows: "The term nonrevenue receipts is applied to all receipts of a civil division other than its revenue receipts, as previously defined. The nonrevenue receipts of a fiscal year of any civil division comprise all receipts recorded during the year from (1) sales of investments and of supplies which have been purchased for sale; (2) issue of debt obligations and transactions which increase the indebtedness without the issue of formal debt obligations; (3) trust and agency transactions; (4) receipts offsetting outlays, as the col- lections of insurance to be applied to the reconstruction of destroyed property, refunds of erroneous payments, and receipts in error; and (5) such counterbalancing re- ceipts as transfers between the funds or divisions of the governmental unit." From the nature of the items in this second classification, it is readily seen that it occupies a place of comparative unimportance. In so far as the discussion of succeeding chapters deals with revenue, therefore, the revenue receipts will occupy a place of much greater importance than nonrevenue receipts. 59. Statistics Show the Rapid Growth in Revenues Secured by Governments. The lack of uniformity in fiscal systems of the various governmental bodies makes it difficult to get accurate comparative statistical data. 92 OUTLINES OF PUBLIC FINANCE The census reports on the revenues of the Federal govern- ment and of the states are accurate enough, however, to show the rapid growth in the amount of funds secured. The following table shows the revenue receipts of the Federal government for 1903 and 1913, the last year which can strictly be classed as a year of normal operations. 1 REVENUE RECEIPTS OP THE FEDERAL GOVERNMENT 1903 1913 Special Property Taxes $281,612,000 $313,953,000 Poll Taxes 1,356 000 4721 000 Business Taxes 42,064,000 113,385 000 Liquor Licenses and other Imposts. . Other Business Licenses 179,501,000 84,000 230,146,000 206,000 Fines, Forfeits, and Escheats 835,000 2,444,000 Interest and Rents. 997,000 44,000 Earnings of General Departments, and Miscellaneous 16,658,000 17,994,000 Earnings of Public Service Enter- prises . . 134.224.000 270.704.000 It is seen from this table that from only one source the revenue was less in 1913 than it was in 1903. The total increase is a little less than 50 per cent. The interest of the table will be enhanced by briefly noting the signifi- cance of the items. The important item under special property taxes is the customs receipts. The tax on the circulation of national bank notes and some other small items are included. The four-dollar levy upon each alien entering the United States makes up the bulk of the poll tax. Business taxes consist of the internal revenue collec- tions other than those from liquor. The returns from the income tax, since its inauguration, are also included here. The receipts from taxes upon liquor comprise the re- turns under liquor licenses and other imposts, while the amount received from certain liquor and trade licenses in Alaska comprise other business licenses. The important source of interest is the amount paid by banks on govern- 1 See note p. 31. THE DEVELOPMENT OF PUBLIC REVENUE 93 ment deposits. Formerly the government owned a num- ber of industrial securities, principally railroad, which were interest-bearing, and which helped to swell this item. Many items go to make up the earnings of the general departments. Some of the more important included in these earnings are the returns from the consular, patent, and land offices, rents of buildings and grounds, receipts from the sale of materials, profits on coinage, and receipts from forest reserves. The earnings from public service enterprises include such items as the postal receipts and returns from the Panama Canal. Revenues of States. The principle sources of the rev- enues for the various states, together with the increase for the period from 1903 to 1913, may be seen from the following table: TOTAL AND PER CAPITA REVENUES OP THE STATES 1903 1913 Total Per Capita Total Per Capita General Property Taxes $ 82,320,000 $1.02 $139,750,000 $1.44 Special Property Taxes Poll and Occupation Taxes Special Assessments and other Special Charges 24,990,000 2,232,000 3,737,000 0.31 0.03 05 67,676,000 2,965,000 6,455 000 0.70 0.03 07 Business and Income Taxes . . . Liquor Licenses and Imposts. . Other Business Licenses 27,129,000 9,750,000 8,607,000 0.34 0.12 11 53,642,000 20,993,000 8 589 000 0.55 0.21 09 Nonbusiness Licenses 205,000 6,451 000 07 Fines, Forfeits, and Escheats. . Interest and Rents 431,000 10 942 000 0.01 14 1,428,000 21 300 000 0.01 22 Subventions and Grants . . 2,703,000 03 3,191 000 03 Donations and Gifts 127,000 435,000 Earnings of the General De- partments 12,809,000 16 32 995 000 34 Earnings of Public Service En- terprises 3,184,000 0.04 1,785,000 0.02 This table shows that practically every source of revenue gave substantially larger returns in 1913 than in 1903. In both years the sources of outstanding importance were the general property tax, special property tax, and taxes 94 OUTLINES OF PUBLIC FINANCE upon business and income. Receipts from inheritance taxes are placed with the special property taxes. The remarkable increase in nonbusiness license taxes is due to the general practice of licensing automobiles. The large decrease in returns from public enterprises can be explained in a measure by South Carolina giving up the state dispensary method of handling liquor. It must be remembered that this is a general table showing the combined figures of forty-eight states. The tendency for particular states might be entirely different from the general results. A study of the general property tax in the states, for example, will show that in some cases it is becoming of comparatively little importance as a source of state funds. Likewise many states show a decrease in a number of the items hi spite of the increase indicated by the combined figures. 60. The Majority of Modern Revenue Is Secured by Compulsion. Revenue systems have gone through a long process of development, and it is only in recent years that they have assumed their present form. The early state scarcely functioned so as to commend itself for sup- port by its citizens. Revenues had to be secured from independent sources, such as public lands. These soon became inadequate, and the public consciousness had not been sufficiently aroused to permit the direct exaction of funds from the citizens. Roundabout methods had to be used, such as claiming a payment for a more or less ficti- tious service, or by the use of taxes, the burden of which was hidden by their indirectness. It has only been with the development of a high sense of individual responsi- bility in public affairs that the state has made compulsory levies upon individuals and property without creating a disastrous antagonism. Historical Development. Various writers have traced the historical development of the idea of compulsion. The available sources of funds often proved insufficient and the citizenship had to be relied upon to meet the THE DEVELOPMENT OF PUBLIC REVENUE 95 need. That it was looked upon as a gift to the state is evidenced by the terms donum and benevolence, the desig- nations by which the first payments by citizens were known. That the state had to implore help at times is shown by the fact that revenues sometimes were called prcecarium and bede. The idea that the state had a right to expect assistance from its citizenship, or that the citi- zens should be under obligation to sacrifice anything for the welfare of the state, did not develop until later. That these ideas did develop, however, is shown by such rev- enues as the aid, steuer, and duty. The more modern stage was reached when the right of the state to assess, levy, and collect funds from its citizenship became recognized. The use of such expressions as impost and tax marks the beginning of this modern situation, in which the citizen is so interested in the welfare and activities of the state that he will consent to pay the levies that are placed upon him. English Poor Rates. An interesting example of this de- velopment is found in the poor rates of England. It be- came 'necessary, very early, that the state give assistance to the poor, and funds had to be secured. At first volun- tary contributions were made. It was not long until the amount secured by this means was insufficient, and the authorities were instructed to prosecute those who had not contributed. This did not succeed in getting what was considered a just amount from the various contribu- tors, and power was conferred upon the justices of the peace to determine what would be considered a reasonable con- tribution, and if it were not made, prosecution was likely to follow. The next change was to that of regular levies, with a compulsory payment of the amount. This policy has continued to be used to the present. Motives Beneath Modern Revenues. Many of the mo- tives suggested in this sketch of the development of revenues, no doubt, are still active. Gifts still form a part of the revenue of most governmental units, either as 96 OUTLINES OF PUBLIC FINANCE a conscience fund or for the building or endowing of some public institution. The feeling of obligation, moreover, often prompts payments for particular purposes. The state may still receive returns from the conduct of indus- try, the products of which are purchased by the citizens of their own volition. Yet the sum total of these would form a small share of the income of the modern state, for the greater part of the amount received would doubtless remain with the individual if he were not compelled to turn it over to the public treasury. Even the modern sense of public duty has not been developed to such an extent that all state activities would be supported by voluntary contributions. It will be the various classes of these compulsory exactions with which the succeeding chapters will deal most extensively. ADDITIONAL READING Bullock, Readings in Public Finance, chaps, iv, v, vi. CHAPTER V TAXATION 61. Many Ideas of Taxation Are Inaccurate. To the layman a tax is any compulsory payment made to a po- litical division, or, very often, to other institutions. Stu- dents of fiscal problems, however, cannot accept this broad characterization, but must make a differentiation between the compulsory payments to the state and other compul- sory payments. Definition of Taxes. A number of attempts have been made to define taxes, many of which leave something to be desired. The idea of compulsion is general. Various ideas as to method and purpose of the levy have been given. Such ideas as the following may be found in analyzing the definitions of various writers: Taxes are legally collected contributions for meeting necessary and general expenses; taxes are proportional contributions levied on property; taxes are for the purpose of meeting public needs; taxes are for the purpose of meeting the expenses of government; taxes are one-sided transfers with the intention that a common burden will be main- tained. A little inquiry into the nature of the levy of taxes, and the purposes for which they are used, will show the in- sufficiency of these statements. Many examples could be given of where the funds collected from taxes have been used for other than the necessary and general ex- penses of the government. In the ancient autocratic state the funds collected were often used to subserve the private ends of the ruler. The same is equally true in such mod- ern states as Turkey. In any state, however, it is not 98 OUTLINES OF PUBLIC FINANCE difficult to find expenditures from the common fund which have been so extravagant as to be worse than useless. Many of the familiar "pork barrel" appropriations of our Congress are of this nature. Taxes, moreover, are frequently used for other than public purposes. Numerous examples may be found where funds from the common treasury have been used to aid individuals or groups of individuals in distress. In times of fire, flood, famine, and pestilence, the purse of political units has often been called upon to furnish relief. Wealth, moreover, is not the only criterion which may be taken as the basis for the tax levy. The wide use of poll taxes, es- pecially in earlier revenue systems, is evidence of this. While a tax is not to, be expended for the direct individual benefit of the one by whom it has been paid, it does not necessarily convey the idea that the transfer is one-sided. The prevalence of such an idea would no doubt have the effect of making taxes very much more unpopular than they now are. A proper definition of a tax, then, must be broad enough to include many of the suggestions in the above paragraph, and yet narrow enough to exclude voluntary payments, and those through which the one who makes payment expects to get a direct benefit from the expenditure of the fund. The following definition is suggested as one which meets these requirements. A tax is a compulsory contribu- tion, exacted by public authority according to some general rule, without reference to any special benefit conferred by the expenditure of the funds so exacted. This definition allows that a state may collect funds from any source, so that some general rule is followed, and that the expenditure may be for any purpose that the spending authorities may desire. 62. Some Terms Used in Connection with Taxes Are Important. It is important that the student of fiscal problems know the meaning of a number of terms used in connection with taxes. Some of the more important are TAXATION 99 base, rate, ad valorem, specific, customs duties, excise duties, shifting and incidence, levy, assessments, and tax list. The base is the thing or circumstance upon which the tax is computed. The rate is the amount taken from each unit of the base. A tax rate of fifteen mills means that for every unit of the base of the tax, fifteen mills will be taken. Usually when the rate is so expressed, the unit of the base is one dollar. The base of the tax, however, might be a pound, foot, or gallon. A number of taxes are known by the base upon which the computation is made, as land, poll, income, or inheritance taxes. The base of a tax should not be confused with its source. Money might be borrowed to pay any of the preceding taxes. The base, then, is the object upon which the computation is made, and the source is the means by which the result of the computation is paid. As already indicated, the base may be either a value measurement or some other characteristic. When taxes are computed upon value as a base they are said to be ad valorem. When some other unit of measure is used, as pound, yard, or gallon, taxes are said to be specific. A 10 per cent tax on the value of wheat sent from the coun- try would be ad valorem, while a five-cent tax per bushel would be specific. Customs duties refer to taxes placed upon goods entering or leaving a country, while excise taxes or internal revenues refer to taxes placed upon goods produced within a country. Shifting of a tax signifies the removal of the burden from where it was first placed, while the incidence refers to the place where the burden finally rests. Shifting and incidence are discussed in de- tail hi a following chapter, as are also customs duties and excise taxes. The levy, assessment, and tax list have to do with the machinery of taxation. The levy of a tax is the legal process of its imposition. Since taxation is a prerogative of the state, the levying process is necessary to establish 100 OUTLINES OF PUBLIC FINANCE the tax. This process is usually retained by the legislative department with no power of delegating it to anyone else. The assessment consists in putting the tax levy into operation. It includes all the steps in determining the units of the base, and what the holders of these units must pay. The tax list is simply a record of this assessment. It may be used by various governmental units that have levied taxes upon the same base, or for various legal pur- poses, such as recording ownership and transfer of property. 63. The Economic Effect of Taxes Has Received Much Consideration. When the compulsory payment of funds to the state became a fixed and important part of fiscal systems, students became concerned about the economic effects of such procedure. An idea commonly held among early writers was that a tax, to some degree at least, created a new ability on the part of the person who paid it. It was contended that the fear of being compelled to change one's manner of living because of the burden of the tax, would cause exertion to provide for the tax and still leave the individual as well situated as before. Ex- amples of the increased exertions during several wars were cited to prove this effect of taxes. Some pointed out, however, that such a result could be expected only if the burden was not so great as to seem insurmountable. Others took the view that there was no power in a tax to create ability to meet it that people did not get ability to spend from spending, but spent because they had the ability. Energies might be intensified either to pay the tax or to devise some scheme for evading it, but any other reason than a tax might have caused a similar intensifica- tion. Energy itself, moreover, had little power of pro- duction, but was really effective only when applied to capital. A tax which curtailed the amount of capital, therefore, lessened the effectiveness of energy and cur- tailed the ability to meet the burden. It is very possible that a tax may stimulate production, TAXATION 11 but its burden is felt, none the less, in this increased use of energy which is designed to provide the tax. If taxes encroach upon capital, it means a lessening of productive power, and with this a lessening of ability to meet burdens. The real economic consequences, however, cannot be de- termined without knowing what would have been done with the fund had the state not taken it, and then what use the state makes of it. If the source of the tax is one which otherwise would have been squandered, perhaps, in a way to lessen the efficiency of production, then it is more economical for the state to take it and use it. State expenditure, moreover, may often increase productive efficiency, and hence increase the ability of bearing tax burdens. Expenditures for maintaining a sound system of banking and currency, standardizing weights and meas- ures, and providing experiment stations, are no doubt ex- penditures of this nature. Many early writers opposed taxes which would affect capital. Ricardo favored an income tax, though Mill pointed out that a tax on incomes might affect capital by impairing savings. All were agreed that capital should not be impaired by taxation. Whether any tax will im- pair capital will depend, after all, on the habits and in- clination of the individual. Two men may each have an income of $2,000, out of which each has been saving $500. A tax of $100 is placed upon the income of each. One now spends only $1,400, and still adds the $500 to his capital account, in which case the tax has had no effect on the accumulation of his savings. The other still spends $1,500, and adds only $400 to his savings account, in which case the tax has curtailed savings. It can be readily seen, therefore, that no categorical statement can be made as to the economic effects of a tax. 64. Adam Smith Gave Four Maxims in Regard to Taxes. Adam Smith devotes considerable space in his Wealth of Nations 1 to a treatment of taxation. His four maxims, 1 Wealth of Nations, bk. v, chap. ii. 102 OUTLINES' OF PUBLIC FINANCE or canons, as they are commonly called, have become more famous, perhaps, than any other passage in fiscal literature. Since they are just as applicable to-day as they were a century and a half ago, space cannot be used to better advantage than in quoting these canons some- what at length. (1) The subjects of every state ought to contribute toward the sup- port of the government, as nearly as possible in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state. The expense of government to the individuals of a great nation is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute in proportion to their respective interests in the estate. In the observation or neglect of this maxim consists what is thaojjality or inequality of taxation. (2) The tax which each individual is bound to pay ought to be certain and not arbitrary. The time of payment, the manner of pay- ment, the quantity to be paid, ought all to be clear and plain to the contributor, and to every other person. Where it is otherwise every person subject to the tax is put more or less in the power of the tax gatherer, who can either aggravate the tax upon any obnoxious con- tributor, or extort, by the terror of such aggravation, some present or perquisite to himself. The uncertainty of taxation encourages the in- solence and favors the corruption of an order of men who are naturally unpopular, even where they are neither insolent nor corrupt. The jgrj/fJnf.y of what each individual ought to pay is, in taxation, a matter of so great importance, that a very considerable degree of inequality, it appears, I believe, from the experience of all nations, is not nearly so great an evil as a very small degree of uncertainty. (3) Every tax ought to be levied at the time, or in the manner in which it is most likely to be convenient for the contributor to pay it. A tax upon the rent of land or of houses, payable at the same time at which such rents are usually paid, is levied at the time when it is most likely to be convenient for the contributor to pay, or when he is most likely to have wherewithal to pay. Taxes upon such consumable goods as are articles of luxury are all finally paid by the consumer, and generally in a manner that is very convenient for him. He pays them by little and little as he has occasion to buy the goods. As he is at liberty, too, either to buy or not to buy, as he pleases, it must be his own fault if he ever suffers any considerable inconvenience from such taxes. (4) Every tax ought to be so contrived as both to take out and to TAXATION 103 keep out of the pockets of the people as little as possible over and above what it brings into the public treasury of the state. A tax may either take out or keep out of the pockets of the people a great deal more than it brings into the public treasury, in the four following ways: First, the levying of it may require a great number of officers, whose salaries may eat up the greater part of the produce of the tax, and whose prerequisites may impose another additional tax upon the people. Secondly, it may obstruct the industry of the people, and dis- courage them from applying to certain branches of business which might give maintenance and employment to great multitudes. While it obliges the people to pay, it may thus diminish, or perhaps destroy, some of the funds which might enable them more easily to do so. Thirdly, by the forfeitures and other penalties which those unfortunate individuals incur who attempt unsuccessfully to evade the tax, it may frequently ruin them and thereby put an end to the benefit which the community might have received from the employment of their capi- tals. . . . Fourthly, by subjecting the people to the frequent visits and the odious examination of the tax gatherers, it may expose them to much unnecessary trouble, vexation, and oppression; and though vexation is not, strictly speaking, expense, it is certainly equivalent to the expense at which every man would be willing to redeem himself from it. It is in some one or other of these four different ways that taxes are frequently so much more burdensome to the people than they are beneficial to the sovereign. 65. Many Attempts Have Been Made to Classify Taxes. -The different tax classifications are almost as numerous as the individuals who have made classifications. The most significant failures at satisfactory classification have occurred, perhaps, where the attempt has been made to follow some natural lines. A little consideration will indicate the futility of such a basis of classification. Taxes are used for various purposes in different countries, while the same tax may be used for different purposes in the same country. The idea of a just measure for taxes varies widely, and different bases have always been used to attempt to arrive at that justice which an adopted theory might suggest. With such a diversity of fundamentals it is an idle waste of energy to attempt to place taxes into natural categories. on Shares of Social Income. Many attempts have 104 OUTLINES OF PUBLIC FINANCE been made to base taxes upon the shares into which the social income may be divided. Adam Smith pointed out that "the private revenue of individuals arises ultimately from three different sources rent, profit, and wages. Every tax must finally be paid from some one or other of these three different sorts of revenue, or from all of them indifferently." Others have followed Smith in attempting to use this classification. If the present social income is not squandered, so that modern taxes must be paid out of past accumulations, then it may be said that taxes do properly fall upon the four shares of distribution: rent, interest, wages, or profits. As a workable classification, however, it has little value. A tax placed upon rent may be paid out of interest. The four shares are often so combined, moreover, that it would be impossible to de- termine what part of a $500 tax falls upon each share if it were placed upon the recipient of all of the four shares. For example, who could determine the part of a $500 tax, placed upon an Iowa farmer, which falls upon the separate items of rent, interest, wages, and profits? Other Bases of Classification. Other classifications are taxes upon persons, property, and income, and upon property in the process of getting, keeping, or spending. These may be used as long as they simply indicate the thing against which the tax is levied, but are valueless in indicating the source from which payment is made. Taxes upon persons might be levied upon the individual as such, or upon members of a particular class, designated by some particular mark, such as property, age, profes- sion, or title. A general poll tax would be an example of the former, while a poll tax on males over twenty-one years of age, or upon all owners of land, would be examples of the latter. Where the tax is upon property or income, these are considered without reference to the individual. The tax is against the property or income rather than against the person. Taxes classified as against wealth in the process of getting (income), keeping (property), and TAXATION 105 spending (consumption) simply indicate the stage in this process against which the tax is levied. Of course all per- sonal taxes must be paid from some other source than that against which the levy is made, while a tax on income might possibly be paid from property, and one on property will probably be paid from income. Direct and Indirect Taxes. One early classification, which has retained its importance to the present, is that of direct and indirect taxes. A common distinction is that the burden of a direct tax will remain where the tax is levied, while the burden of an indirect tax will be shifted to other than the place of levy. This statement, however, is too sweeping. It is more nearly correct to say that such is the intention or expectation of the authorities who levy the tax. A tax on mortgages, for example, is a direct tax, for it is expected that the holder will consider it as a part of his property and pay the tax assessed against it. What often happens, however, is that enough higher rate of interest is charged to the mortgagor to offset the tax bur- den. In this case the burden of a direct tax has been shifted. Taxes on monopolies, on the other hand, are generally believed to be shifted over to consumers in the form of higher prices, and are usually considered indirect. Modifying factors exist, however, which may cause the monopoly to bear the tax burden. 1 Direct taxes are usually much more definite and ascer- tainable than indirect. This is because they are based upon a more definite fact. Authorities may be sure that land, buildings, incomes, and similar bases are going to continue to exist. They cannot be so certain, however, as to how stable the demand for a particular commodity is going to be, or how it will be affected by a tax. The best examples of direct taxes are poll, land, building, income, property, and inheritance taxes. The best examples of indirect taxes are the import duties and excise taxes, as well as a large number of license taxes. A few exceptions 1 For a discussion of the effect of a tax on monopolies, see p. 170. 106 OUTLINES OF PUBLIC FINANCE may be found to this classification, but in general it will hold. The Civil War income tax, for example, was held by the Supreme Court to be an indirect tax, although the same court some years later held a similar tax to be direct. Another exception is that the French government does not class its import duties as indirect taxes. Direct and indirect taxes do not hold the same relative importance under different forms of government, or in the different political divisions of the same country. In general, direct taxes will be used more extensively in countries with a democratic form of government, while the indirect taxes will be more prominent in aristocracies. The control which the citizens have over revenues and expenditures under a constitutional government makes them more willing to contribute directly. Where the citi- zen does not have this control, or where the expenditure is likely to be made in opposition to public desire, resort must be had to the indirect method in order to conceal the tax burden. The more remote and immaterial the service which the state gives, therefore, the more difficult it is to get direct payments. This accounts for the almost exclusive use of direct taxes by local political units, while the Federal government uses a much larger proportion of indirect taxes. 66. Taxes May Be Justified but Not Measured by the Benefits Conferred by the State. With the advance of civilization and the development of governments, the functions of the state increased. To carry on these new activities, added sources of revenue had to be sought, not only to meet the increased expense, but also to make up deficits which had been incurred by giving up some of the former sources of revenue. The citizen, naturally, de- manded a reason for the increasing taxes, and the repre- sentatives of the state were obligated to furnish them, if the needed funds were to continue to be peacefully secured. One reason sometimes given was that the citizen should make a money payment to the state, since the state no TAXATION 107 longer required services and commodities, as in an earlier regime. This was the idea of commutation. The more general justification of taxes, however, was that the citizen was the recipient of benefits from the expenditure of the funds. When this conclusion had been reached, the at- tempt was made to go farther and measure what each individual should pay by the amount of benefit he re- ceived. This is known as the benefit theory of taxation that individuals should contribute to the state in propor- tion as they are benefited by it. It was pointed out that larger exactions could justly be made from the wealthier classes because the state was giving them more benefit through protecting a larger amount of property. Difficulties with Benefit Theory. Difficulties at once ap- pear in attempting to use benefit as a measure of the amount of taxes to be paid. The state gives a number of common benefits to all, such as the guarantee of life, liberty, and the pursuit of happiness. Just what the benefit of this immaterial service is worth it is of course impossible to measure. No individual can say just what good the standing army, or the navy, or the city police force is to him. No estimate could be formed until the service was removed and the situation then compared with the previous one. Not all services are of this in- tangible nature. In some cases a rather definite estimate can be formed of the value received from the public ex- penditures. It is often true, however, that those who receive the most direct benefits are able to pay the least in return. If revenues were to be exacted according to services rendered, a substantial amount would come from such public institutions as asylums, poor farms, etc. The inmates of these receive their all from the state clothing, food, shelter, protection, and medical services. In return they are unable to give anything for this consideration in their behalf. The benefit received from the state may explain to a rich bachelor why he is expected to contribute, but it does 108 OUTLINES OF PUBLIC FINANCE not convince him that it is just for him to contribute more into a fund, a large part of which is used for education, than does a man whose children are availing themselves of this utility. Likewise many other examples can be called to mind of where the payment required is so out of proportion to the direct benefit received that it is evident that some other criterion must be found for the measure of taxes. Attitude of Courts. In spite of the difficulties with this measure of taxation, the courts have continued to give it an important place in their decisions as to justice. The line of reasoning is that there is a relation between the amount of property held, or the amount of income re- ceived, and the protection given by the state. The recog- nition is made, however, that other benefits exist which cannot be measured, and that a tax based upon the benefit received from the protection of property or income is only an approximation of justice. 67. Faculty Is Usually a Satisfactory Measure for Taxes. The difficulties encountered in attempting to use the benefit theory soon led to numerous other proposals. Some were simply modifications of this theory, while others sought justice in entirely different lines. The theory which came to be generally accepted as the one which would most nearly approximate justice is called the fac- ulty or ability to pay theory that is, every individual should pay to the support of the state according to his ability. Adam Smith stated the theory in his first canon of taxa- tion, yet connected it with the idea that benefits measured ability. Mill approached it from the idea of equality of sacrifice. Equality should be the rule in taxation, since it should be the rule in all affairs of government. The state made no distinction in the strength of individual claims upon it, consequently its requirements should fall with the same weight upon all. In this way the least sacrifice would be felt by the whole. His criterion of TAXATION 109 equality was that taxes should be so apportioned that in the contribution of each person no one would feel more or less inconvenience than any other person. He realized that this standard of perfection could not be completely realized, but that the first object should be to know what perfection is. 1 In this discussion Mill embodies the real justification of ability to pay as the basis for justice in measuring taxes. It is in the nature of the state itself. It is an existing entity only because of the citizens which make it up. If these are destroyed the state no longer exists. It is an organization, then, of very much the same nature as other organizations made up of the membership of individuals, and whose perpetuation depends upon the interest of the members. If the membership of a church, lodge, or college fraternity is destroyed or becomes disinterested, the or- ganization expires. The state is of much the same nature, and its continued existence is, or should be, of such vital interest to each member that its funds can justly be secured on the same basis as in a church, or other similar organization. Here the members are not expected to con- tribute in respect to the benefit received, which may be immeasurable, but in accordance with their ability. Like- wise, in raising a building fund, a fraternity expects an alumni member who has the ability to contribute liber- ally, while a small amount or nothing is expected of a student member with little means. It is because of the nature of the relation of the citizen to the state that taxes should be levied in accordance with the ability to bear them. 68. Many Problems Arise in Measuring Ability. The decision that taxes should be measured by ability to pay by no means gives a solution to all tax problems. One of the most puzzling questions is how ability can best be measured. In early stages of development this was com- paratively easy. There was little difference in the owner- 1 Mill, Principles of Political Economy, bk. v, chap, ii, sec. 2. 110 OUTLINES OF PUBLIC FINANCE ship of property, and a poll tax was equitable. As soon as differences in property developed, however, the idea of equal obligation vanished and poll taxes now have only a small place in fiscal systems. The first property distinc- tions were between those who owned some land, cattle, slaves, etc., and those who owned more of these same commodities. As industry developed differences in capi- tal, wages, and incomes had to be considered in arriving at the ability to pay. Personal property, both tangible and intangible, must now be considered, as well as the earlier forms of wealth. In assessing the product of land or industry, choice must be made between gross product and net product. Taxes which can be shifted must be weighed against those which cannot when the determina- tion of a proper base for taxes is under consideration. Proportional Taxes. Land, income, property, imports, or domestically produced goods might be considered as a just base for measuring the ability to pay taxes. With this decided, however, the method of assessment becomes important. Some have contended that more justice is secured when the same proportion is taken from each base, no matter what the size. This is known as propor- tional taxation the rate remains the same, no matter how large the base. If 2 per cent is taken from a base of 100 and 1,000, the result is that proportional amounts have been taken 2 r the amount taken from the 100, is to 100 as 20, the amount taken from the 1,000, is to 1,000. The advocates for this method claim that its justice lies in its definiteness. It is sometimes admitted that proportional amounts do not always mean equal sac- rifices, but it is contended that greater injustice will result if proportion is abandoned. As an early writer put it, when proportion was abandoned you were at sea without rudder or compass, and there was no amount of injustice or folly you might not commit. Progressive Taxes. Many authorities, on the other hand,, believe that justice,, equality of sacrifice, and ability TAXATION 111 to pay can be measured more accurately by using pro- gressive rates that is, to have the rate increase as the base increases, and hence take a greater proportion from a large base than from lesser ones. This system is known as progressive taxation. Two per cent from a base of 1,000, 4 per cent from a base of 10,000, and 6 per cent -fronTa base of 100,000 would represent a progressive scheme. The first justification for progression is that it more nearly secures equality of sacrifice than does proportional taxation. To take $100 from a base of $1,000 would entail a much greater sacrifice than to take $1,000 from a base of $10,000. In the one case only $900 are left, while in the other $9,000 are left. To give up the $100 may mean an encroachment on necessities at least very much more of an encroachment than to give up the $1,000. A second important justification for some rate of progression as best measuring ability is that, as wealth increases, the ease of producing more wealth increases faster than at a proportionate rate. That is, the diffi- culties that must be overcome in producing a second $10,000 are very much less than those for producing the first $10,000; the difficulties in obtaining the second half of the $1,000,000 are much less than those in obtaining the first half. As wealth or incomes increase, therefore, the owners become more than proportionately able to meet tax burdens. Degressive Taxes. One important objection to pro- gressive taxation is that with its adoption any definite rule is abandoned, while the only logical stopping place is 100 per cent, or confiscation. When this is reached the source of the tax will be destroyed. This difficulty is usually alleviated by making the rate degressive that is, to have the rate increase as the base increases, but by an ever decreasing amount. This system is known as de- gressive taxation. A true progressive increase would be 6, 8, 10, etc., until 100 were reached. Degression 112 OUTLINES OF PUBLIC FINANCE would make each increase less than the preceding one, so that the rate would always be approaching 100, or some other definite amount as a limit, but would never reach it. A mathematical computation of these rates some- times might prove difficult, so the desired results can be GRAPH No. I SHOWING THE REAL TAX BURDEN OF A 10 PER CENT TAX WITH A $1,000 EXEMPTION 7% 1% 1000 200Q^3ooo^'f<m.fo0o*booo 7000 8000 9000 10000 approximated by allowing a fixed exemption on each base, and levying a proportionate rate on the remainder. Suppose an exemption of $1,000 is allowed from each of the bases of $2,000, $4,000, $6,000, $8,000, and $10,000, and a 10 per cent tax were levied upon the remainder. The actual percentage burden upon each amount would TAXATION 113 be as follows: 5 upon $2,000; 7J5 upon $4,000; 8.33 upon $6,000; 8.75 upon $8,000; and 9 upon $10,000. The accompanying graph, No. I (see page 112), will show the trend of a curve for these figures, with the percentages for the intervening thousands also shown. In the tax scheme, where the exemption is changed as the base increases, or where a fixed amount is taken from each grade rather than a certain per cent, or where other than proportionate rates are used, the regularity of the curve may be affected in a number of ways. As long as GRAPH No. II SHOWING THE REAL PERCENTAGE BURDEN OF THE UNITED STATES INCOME TAX The figures are based on the $3,000 exemption for unmarried persons. The total tax paid by each grade is found by adding the additional tax for each grade to the normal tax of 2%. These rates are provided under the 1916 law, and do not include the supplemen- tary war rates. The additional rates to 5150,000 are as follows: 1% from $ 20,000 to $ 40,000 2% " 40,000 " 60,000 3% " 60,000 " 80,000 4% " 80,000 " 100,000 5% " 100,000 " 150,000 t% Go $o loo (.poo omitted) /SO any exemption remains, however, it is impossible to reach 100 per cent, or confiscation. Graph No. II illustrates the actual percentage burden of the first grades under the 114 OUTLINES OF PUBLIC FINANCE 1916 income tax in the United States. If, instead of a percentage tax paid in each grade, a lump sum is taken, the lines within each grade will be descending rather than ascending. This is true of the Prussian in- GRAPH No. Ill SHOTTING THE REAL PEBCENTAGE BUHDEN OP A LUMP-SUM TAX IN AN ASSUMED SCHEDULE The grades vary by a $1,000 amount. If the amovint is less than $1,000, no tax is col- lected; if more than $1,000 and less than $2,000, $10 is collected; if more than $2,000 and less than $3,000 the tax is $30, and so on with $00, $100, and $200, respectively, levied upon the next successive grades. 5% 5% Z% 3% I SL 3 * 5 6 (000 omitted) come tax. Graph No. Ill illustrates a possible curve of this nature. Regressive Taxes. It is possible that taxes may be levied in such a way that the rate may be regressive that is, that the rate decreases as the base increases. In graph No. Ill the tax within each of the grades is regres- sive. Such taxes would, of course, seldom be levied by design for purely fiscal purposes. They may, however, be used as regulatory measures. Certain industries whose products are considered harmful are often subject to a rate of taxation much higher than that of other industries of a similar degree of ability. Many taxes, however, are regressive in their effects. TAXATION 115 In so far as a tax on tobacco is shifted to the consumer, in order not to have a regressive effect, each individual would have to purchase according to his ability. The effect of a general property tax is much the same. Owners of a small amount of property usually have it in a tangible form, which is easily assessed, while the owners of large amounts hold much intangible property, which escapes assessment and taxation. This places a burden upon the small property owner out of proportion to his ability to bear it. Progressive taxes on incomes and wealth, then, may tend only to give proportionality to the tax system as a whole, since they to some extent equalize the dispro- portionate burdens caused by the regressivity of other taxes. Either proportional or progressive taxes may be par- tially regressive if the rate is a flat amount rather than a certain per cent. A ten mill rate in reality means that the classes are to be differentiated by one dollar amounts. The class below one dollar is exempt; from one dollar to two dollars the tax is ten mills; from two dollars to three dollars it is twenty mills, etc. In this case the tax is a greater burden upon the person who is just over the lower boundary of a grade say $1.05 than one who is near the upper limit say $1.95. That is, ten mills, which each will pay, is a larger part of $1.05 than of $1.95. The smaller the grades, of course, the less the effect of this regressivity would be felt. If the ten mill tax be calcu- lated as a 1 per cent tax, and levied upon the actual amount of the base, then the tax is proportional rather than regressive within each grade. Apportioned Taxes. Taxes, moreover, are sometimes said to be apportioned. This occurs when some central political unit distributes the amount of tax to be collected among several of the minor political divisions which com- pose it. The apportionment may be made according to some definite rule, such as population, property, or in- come, or it may be that each district in the apportionment 116 OUTLINES OF PUBLIC FINANCE area will be asked to contribute an equal amount. An apportionment according to some definite rule, however, does not prescribe a definite plan for raising the tax. A tax apportioned on the base of population, for example, does not mean that the levy will be in the form of a poll tax. Each district may use any method it chooses in raising the necessary amount. Kinds of Incomes. Another problem which arises con- cerns the ability of a base to bear taxes under varying conditions. Distinction is often made between earned and unearned incomes and wealth, and between the funded and unfunded incomes and wealth. It seems reasonable that a greater sacrifice would be felt by giving up an amount from funds secured through labor than if they had been secured in some fortuitous manner. Likewise a funded income one which is dependent upon some other factor than the efforts of the individual receiving it can better bear burdens than one which depends solely upon the exertions of the recipient. The former will con- tinue when the productive capacity of the individual ceases; the latter will not. No one would hesitate in choosing between the two forms of income. In seeking to determine the faculty of the taxpayer, then, a number of complex problems must be considered. Not only must a just base be found, but justice must be used in applying the rate of tax. No tax, moreover, can be viewed as a distinct factor, but must be considered in relation to the other taxes in the system. A particular tax might be found to work injustice, but when used with another the two may be found to work together in such a way that justice will result. 69. The Social Aspects of Taxes Deserve Considera- tion. Many reforms have been advocated with taxation as the machinery through which they were to be accom- plished. In these programs of reform taxes have been considered as having a social or ethical function as well as a fiscal function. Some attempts have been made to TAXATION 117 separate taxes into periods, in one of which they were used only from the fiscal standpoint; in the other, from social considerations as well as fiscal. It would be difficult to find a time, however, when taxes were not used to some extent as a social measure. Different persons suggest different social functions for taxes, according to the institutions they would have cor- rected. Some of the more extreme would have the state use the taxing power as a means of equalizing wealth. This use of taxes is sometimes advocated on the ground that wealth inequalities have arisen because of the past action of the state, and hence the state is perfectly justified in taxing large wealth. This principle is sometimes called the compensatory theory of taxation. Others, who think the present system of wealth distribution woefully un- sound, would use taxes, not only to break down large fortunes now in existence, but to remove political and economic conditions which make such unequal accumula- tions of wealth possible. To accept such a field as a proper function for taxes, one must be willing to concede the present scheme of distribution to be unjust and to be based upon unsound principles a concession which would not generally be made. Regulation of Undesirable Institutions. Taxation has seldom been used to the extent suggested in the preceding paragraph, yet everyone is familiar with its use for elimi- nating or regulating social evils. The circulation of state bank notes was considered such an evil to sound currency that their continued use was made unprofitable by the heavy tax that was placed upon them. Enterprises whose products are considered harmful to the moral or physical well-being of society are frequently subject to taxes. Conspicuous among these are the taxes which have been placed upon the liquor industry. The ethical question arises, however, as to the justice of compromising with evil by allowing it to remain by paying a tax. To eliminate an evil at once, however, may not always be desirable, 118 OUTLINES OF PUBLIC FINANCE or an institution may be an evil only if it is unregulated. Taxation may be used in these cases as a valuable social weapon. Since taxes have so often been used with a social sig- nificance, some would have this aspect a prune considera- tion in the levy of every tax. The purpose of the state is to promote the general welfare, and this is accomplished most effectively when the state so functions as to bring the greatest good to the greatest number. In levying taxes, then, the state should not only be concerned about the sacrifice upon the individual who must pay, but with the good or evil effects upon society as a whole. If the base be considered an evil, then a repressive tax is desir- able, and the resulting good to society would more than counteract the loss to the industry, even though it be destroyed. With this idea in mind, officials should carefully con- sider the bases upon which taxes will be levied. Taxes tend to have a repressive effect, and if levied upon a de- sirable and useful industry to such an extent that its production is noticeably curtailed, the sacrifice of the tax- payer may be small in comparison to the general burden on society. Authorities, in levying taxes, then, should be concerned not only with the fiscal aspects, but with the possible repressive effects as well. There can be little doubt that, with the development of the police power, the social aspect of taxes will continue to receive much consideration. 70. States Do Not Always Attempt to Follow Principles of Justice in Levying Taxes. It must not be forgotten that the primary concern of the state is to get revenue; hence considerations of justice often give way to those of expediency. Taxes are found in the fiscal system which cannot be justified on the basis of equality of sacrifice, and which must be considered in formulating a new scheme simply because they have been embedded there by age. The very fact that they have been able to erjclijre TAXATION 119 is enough proof that they are good taxes. To fiscal stu- dents, the saying that an "old tax is a good tax," is almost trite. The ones who pay have become accustomed to the burden and little objection is made. It is a place where the goose may be plucked with little squawking. The burden of indirect taxes is much greater upon the poorer classes than upon the rich, yet there is no evidence that they are being given up to obtain equality. The qualities of expediency are too evident to cast them lightly aside. Revenue is easily obtained at low cost and with little objection, since it is paid in the purchase price of goods, frequently without the knowledge of its being paid. The use of the income and inheritance tax by the Federal government, however, is evidence that less reliance will be placed upon indirect taxes in the future than has been placed upon them in the past. Fiscal authorities are often concerned in arriving at a workable scheme one which will produce revenue at a reasonable cost, and which will arouse as little antagonism as possible. In formulating tax programs and in proposing tax reforms, however, public officials have given much attention to justice. ADDITIONAL READING Seligman, Progressive Taxation in Theory and Practice. CHAPTER VI FEES, SPECIAL ASSESSMENTS, AND OTHER REVENUES 71. Several Factors May Be Considered in Classifying Revenues. It has been noted that taxes are the compul- sory levies which are made without special reference to the assignment of individual benefits. It is conceivable, of course, that other sorts of payments may be made. Some may be made with no compulsion, while with some only a small degree of compulsion may be used. There may be much difference in the kind and amount of public interest in the benefit which the state gives. Many pay- ments, moreover, give a very direct benefit to the individ- uals making the contribution. Several of these elements may be involved in any single payment. A contribution may not be compulsory, yet if the service is to be enjoyed by the individual a payment must be made. On the other hand, an individual may not wish to pay, yet, be- cause of particular benefits which accrue to him from the action of the state, he is compelled to share in the cost of the benefits. Frequently, also, the state supplies a service which the individual may or may not use, as he chooses. Other avenues may be open to him to get the same service. If he accepts it from the state, however, payment must be made. The forms of revenue suggested by these as- pects will form the basis of most of the discussion of this chapter. The three important forms are fees, special assessments, and public prices. Other minor forms of revenue will also receive brief consideration. 72. Fees Have an Important Place in Revenue Systems. As the activities of the state expanded, and the means FEES, SPECIAL ASSESSMENTS, REVENUES 121 by which it had been self-supporting were either given up or disappeared, a greater amount of reliance for support continually had to be put upon the individual. In order to justify this in the mind of the contributor, the attempt was usually made to show some special benefit which he was receiving from the state because he made the expendi- ture. While much of the revenue of the modern state is in the nature of taxes, yet special payments for special benefits still form an important class. One outstanding example is the fee. Definition of Fee. In some respects fees are similar to taxes. In both cases the levy is primarily for the public good. The state fixes the amount of the fee, as well as the amount of a tax. A tax is a compulsory levy, while the fee is largely so. The outstanding difference, however, is that, while the payment of the fee does aid in carrying on a state function for the common good, the state at the same tune gives some special benefit to the individual who makes the payment. A fee might be defined, then, as a semicompulsory levy for some benefit, undertaken pri- marily for the public good, which also confers some benefit on the individual who makes the payment. Examples of Fees. Examples of fees are numerous. The varied use of court fees at once presents itself to mind. Courts are maintained for the purpose of establishing justice, yet the individual who avails himself of the service receives a benefit and is charged a fee. The recording of deeds and mortgages, and the issuing of marriage licenses, are undertaken for the public good, yet a charge is made to the individual who records a deed or mortgage or who secures a license. Many of our so-called taxes are simply fees. Most license taxes are of this nature. The members of various groups of labor must secure licenses to follow their trade legally. Such are taxicab drivers, teamsters, engineers of various sorts, and peddlers. The state has recognized that the welfare of society demands some regulation of 122 OUTLINES OF PUBLIC FINANCE these occupations. It has been found that the individual under regulation has been willing to pay for the privilege of carrying on the activity. The sale of liquor is an exam- ple of an industry which was extensively regulated by the use of the license or fee payments. In such cases the pro- prietor of the business is often anxious that the fee be high, so that his marginal competitors be driven out of business and leave the situation more nearly a monopoly. Under such a condition those remaining in business may more than recoup themselves for the fee paid, by the in- creased prices and trade. It is to the social interest to keep track of the owners of motor cars, and a license must be secured for which a fee is charged before it becomes legal to operate a car. Dog taxes are of the same nature. A profusion of worthless dogs is recognized as a nuisance, and an attempt is made to keep down numbers by levying a tax upon every dog. A group of persons may wish to be recognized legally as an individual, and a charter is granted by the state which makes them a corporation. For this service a fee is charged which varies in the different states. Numerous other examples of fees might be given, and many others will occur to the reader. The ones given, however, serve to show the wide extent of the use of fees, and the various purposes which they serve. Fees Semicompulsory. These examples illustrate the semicompulsory nature of the fee payment. It can be seen that, while the levy is determined by the public authority, it is only paid when the individual avails him- self of the benefit with which the fee payment is con- nected. That is, if the individual does not avail himself of the benefit no payment is made, but the payment is compulsory if the benefit is used. When the state enacts a statute that every driver of a taxicab must secure a license, for which a fee will be charged, it does not thereby compel any individual to become a driver, but if he secure the privilege to enter this form of obtaining a livelihood FEES, SPECIAL ASSESSMENTS, REVENUES 123 he must pay the fee. Neither does the law compel any individual to own a dog, yet if anyone desires to own a dog he must pay for the privilege. Again, a group of in- dividuals could enter business under the partnership form of organization, but if they want the privilege of existing and being known as a corporation, they must pay a fee to the state for granting the privilege. The degree of compulsion varies greatly, then, accord- ing to the desirability or necessity of the service which is undertaken. It is sometimes said that in this sense taxes are not compulsory. For example, if a man does not want to pay taxes on his farm he may sell the farm; if he does not want to pay them on income he can cease getting an income. In the first case, the tax on the land would be paid no matter how many sales occurred, and in the second the giving up of an income is highly improbable. The degree of compulsion in all taxes is not the same, neither is it for fees. It may be true that some fees are more compulsory than some taxes, yet in general fees represent a less compulsory form of revenue. 73. The Characteristics of Fees Vary. The revenue re- ceived from the payment of fees does not always occupy the same place in fiscal systems. It may be set aside for some specific purpose, or simply be placed in the common fund to help meet general expenditures. The dog tax, for example, is commonly set aside to pay damages to sheep owners for the destruction wrought to their flocks by dogs. Some states use all funds secured from licensing automobiles for building or improving highways. A com- mon earlier use of the fee was to remunerate the incum- bent of the office through which the fee was secured. This system proved to be very unjust, because there was fre- quently no relation between the amount of labor of the various officials and the remuneration which came to them. As population increased, moreover, the amount of services to be paid for in this way expanded to such an extent that the resulting remuneration became unreason- 124 OUTLINES OF PUBLIC FINANCE ably large. The recent tendency has been to put the re- turns from fees into the general treasury and pay the official a fixed salary. In this way an adequate compensa- tion for services rendered is much more nearly accom- plished. No general statement can be made as to the relation between the amount of the fee and the cost of rendering the service. Some have contended that any payment which exceeds the cost of rendering the service automati- cally loses the nature of a fee and becomes a tax. This would perhaps be true of services of a more or less com- mercial nature. When, for example, such charges are made for the use of a postal system that no net revenue, or perhaps a deficit accrues to the government, the charge is evidently a fee. The primary purpose in view is social progress education, enlightenment, ease of communica- tion, and similar considerations. These are the justifica- tions for undertaking the service. If, however, the rates have been so fixed as to lessen the amount of service in order to obtain a large net return that is, the idea in undertaking the sendee has been to get revenue then the charge loses the nature of a fee and partakes more of that of a tax or public price. The United States postal services, as well as the con- duct of many municipal water plants, furnish examples of commercial enterprises which have adhered to the fee basis of charge. The French tobacco monopoly is an example of such an enterprise in which the purpose of securing revenue predominates. On the other hand, many fees exceed the cost of providing the service, or there is no attempt made to compare the cost with the exaction which is made. Most of the court fees are exam- ples of this kind. Such services often require simply the filling out of blank forms, for which a nominal fee is charged. The chartering of a corporation, and the grant- ing of various kinds of permits, are other examples of this type. The service is undertaken primarily for the common FEES, SPECIAL ASSESSMENTS, REVENUES 125 good, the idea of revenue is secondary, and the arbitrary fee which is exacted is paid because the individual receives a direct benefit. Fees and the Police Power. An increase in the use of fees has accompanied the extended use of the police power. This power is that sovereign right of the commonwealth to protect the economic, physical, and moral welfare of its citizens. As former individual liberties become more and more restricted for the good of the group, the system of granting licenses becomes more prevalent. The size of the fee is often governed by the amount of repression which is desired. If the regulation have in view simply to test efficiency, or have on record the members of a particular trade, the fee will likely be comparatively low. The granting of licenses to teachers, engineers, teamsters, and the like would likely be of this nature. When the institution upon which the fee is levied is harmful, and intended to be repressed, the fee may be large. The fees that have been paid by liquor establishments, dance halls, and poolrooms indicate this tendency. 74. Fees Have Held an Important Place in the Fiscal Systems of European Countries. The importance of the use of fees immediately following the feudal regime has been indicated. It must not be inferred, however, that this was the first tune they formed a part of fiscal systems. Early Greece and Rome furnish numerous examples of fee payments, the nature of which is remarkably modern. Various classes of court fees were used in both countries. Fees for the use of publicly maintained utilities, such as harbors, streets, and roads, were extensively used. Fees were frequently used in connection with religious priv- ileges. The amount of revenue which could be secured was often the factor which determined the size of the fee. Fees in England. The modern fees in England are used for the purpose of regulation and for securing revenues. Practically from the beginning both of these motives have been present. The revenue aspect is seen in the fees 126 OUTLINES OF PUBLIC FINANCE which were charged for granting monopolies, or for the licenses to hunt and fish upon the public domain. The numerous fees which were used to regulate the crafts and guilds illustrate the other type. When institutions arose which called for state regulation, the regulation was at first undertaken without charge. Fees were soon invoked, however, for the granting of licenses, and the tendency has been to make them heavier. The best example of this type is the fee for granting liquor licenses. Important sources of revenue are the fees from harbors, bridges, roads, lighthouses, and markets. The court fees are also numerous and lucrative. The whole tendency has been to fix the fee at the place where the highest revenue would be secured. Fees in France. France has used fees, perhaps, even more extensively. The primaiy motive has usually been revenue, although there are some examples of where the fee charged is less than the cost of the service. The amount of many fees has been raised and lowered until the point which will yield the highest net return has been found, and here it remains. The use of fees has been a remarkably successful part of the fiscal system, owing largely to the highly efficient administrative machinery. Examples of the more important fees which are used in France are those for the use of public utilities and educa- tional institutions, for the granting of patents and hunting and liquor licenses, for permission to erect signs on public property, for registering legal papers, and the postal fees. 75. Fees Have Been Used Extensively in the United States. The American colonies, as might be expected from the practices of the Mother country, made a wide use of fees. Most of the Colonial officials were remuner- ated for their services by the fees which they collected. The use of money was developed to only a limited extent, consequently most payments were made in products. Much fraud was practiced by the officials in order to in- crease the payments, Simple transactions wer Q often FEES, SPECIAL ASSESSMENTS, REVENUES 127 divided into a number of parts, and a fee was charged for each part. Few fees for granting licenses were found, since comparatively little regulation was needed. It would have been surprising, since fees played such an important place in the colonies, had they not been used extensively by the Federal and state governments when they were formed. From the beginning fees have held an important place for various purposes in these governmental units. One of the first instances of the use of fees by the Fed- eral government was in connection with the granting of patents. The salaries of the Patent Office officials were to consist of the fees collected. They were so small, however, and the number of patents secured in the early years were so few, that it became necessary to increase the fees. Later the fees were paid directly into the treasury, and the officials were placed on a fixed salary basis. Practically the same has been true of the copyright fees. All sorts of fees have been used in connection with ship- ping, such as for handling imports, and for licensing ves- sels, and the numerous maritime officials. At first these fees constituted the remuneration of the officials, but changes were gradually made to a salary basis. The same has been true of the fees connected with the consular and diplomatic service and courts. A large part of the fees of the states and local governmental units are for the granting of some privilege, or for performing some in- spection. A large number of court fees are also found. In most cases the payment goes into the treasury and the official is paid a fixed salary. Payment by Salary. One tendency stands out promi- nently in this development of the use of fees to give them up as a basis of payment to officials. In a progressive and changing country it is impossible to frame a schedule which will work justice to all officials. Economic condi- tions may change quickly, so that the operations requiring a fee payment may increase many fold in a few months or may totally disappear.. The payment of officials by 128 OUTLINES OF PUBLIC FINANCE fees, who were disposing of the public lands, illustrates the difficulty. Some did " a land office business " and were more than satisfied, while others received so little as to make it unprofitable to maintain the office. These diffi- culties, together with the temptation to fraudulent acts to create more fees, has been responsible for the wide adoption of the fixed salary as a basis of payment. Nu- merous examples may be found, however, especially in the local political units, where the fee is retained by the official as a part or all of his salary. 76. Fees Have Important Social and Political Aspects. The importance of the indirect social and political effects of the fee system must not be overlooked. It is especially marked where the salary of the official is the fees collected. Under such conditions systems of regula- tion are likely to defeat their own ends. For example, it has long been the custom to require persons contemplating marriage to secure a license. To do this the requirements of the state are expected to be fulfilled, and it is the busi- ness of the official to see that such is the case. If, however, the fee for granting the license is to go to the official, age, relationship, or whatever the requirement may be, might be easily set aside in order to get the fee. The same situa- tion is more or less true of all regulative fees used in this way. Sheriffs, police, and city judges have often been paid on a fee basis, with the expectation that they would be more alert to duty. If paid so much per arrest it is likely that the policeman will be more alert to find criminals it will be to his interest to develop crime rather than to prevent and repress it. The attitude of other officials will be much the same when their remuneration is the fee. The judge will be interested in trying more cases, the sheriff in having more commitments to his keeping. Each official act means a fee, hence a larger income. It is to the in- terest of the officials to increase crime rather than to pre- vent it. Examples are numerous of where the sheriff of FEES, SPECIAL ASSESSMENTS, REVENUES 129 one county has sought to exceed the hospitality of the sheriffs of adjoining ones in order to obtain more fees for keeping vagrants. A tramp was always welcome, and the longer he stayed the bigger the fee. Most states have overthrown the system, yet in some it seems to be so deeply embedded as to be a fixture. Where a magistrate receives a fee for his services, jus- tice is likely to be warped. This system of payment has been given up in most of the larger tribunals, yet it re- mains in some of the smaller, such as those of the justice of the peace. The temptation exists to give the decision in favor of the plaintiff, for if such a reputation is gained that justice of the peace will get more and more cases to try, for anyone bringing suit would much prefer such a justice to one who had given many decisions in favor of defendants. Political Corruption. The payment of officials by fees has been the cause of much political corruption. Sums entirely out of proportion to the duties required have been received, and are still received where the system remains. Such positions make desirable political plums to be given to the ward boss, who can afford to go almost any length to secure the lucrative position. Reform comes slowly, because the party in power has given the plums in fulfillment of promises, while the defeated party is promising to give them with the hope of gaining power. These social and political evils have no doubt had a big influence in arousing sentiment to abolish fee payments to officials. The Central and Western states have taken the lead, but much remains to be done in the Southern and Eastern sections. It is here that the system has be- come so deeply intrenched in the political machinery as to be hard to remove. 77. Special Assessments Resemble Taxes and Fees. A third form of revenue that forms an important part of fiscal systems, especially those of municipalities, is what is known as the special assessment. It is a payment re- 130 OUTLINES OF PUBLIC FINANCE quired from owners of property because the property has been specifically benefited by some public improvement. A special assessment might be defined as a compulsory levy against property in proportion to the benefits which have accrued to it because of some service undertaken for the public good. Usually the funds exacted are expected to be used in defraying all or part of the cost of the service. Examples most familiar to American students are the levies made upon property by municipalities when streets are paved or sidewalks built. Special Assessments and Taxes. In some respects spe- cial assessments resemble taxes, yet they are so dissimilar as to warrant a separate classification. The primary object of the levy, as in the case of taxes, is some common benefit. Special assessments are also similar to taxes in that the payment is compulsory, while the levy is a legal process according to some general rule. A marked differ- ence appears, however, in the measure of the individual benefit which the payee receives. Taxes are paid without reference to specific individual benefits, while in the case of special assessments the basis of the levy is the benefit which accrues to the property. The purpose for which taxes are levied is usually more general and immaterial that is for all sorts of general expenses while the special assessment is for a definite purpose, usually of a material nature, which adds to the capital account of the govern- ment. In modern taxes much concern is given to the ability of the payee to bear burdens, while the special assessment is based entirely on the individual benefit derived from the improvement to property. Special Assessments and Fees. Certain similarities exist between the fee and the class of revenue under discussion, yet again the differences are such as to warrant a separate classification. Both are levied by government authority, and both represent a payment for individual benefit re- ceived. The field for the use of the special assessment is limited, however, while that for the fee is almost unlim- FEES, SPECIAL ASSESSMENTS, REVENUES 131 ited. The former is a local phenomenon, and always in- volves improvement to property; the latter is restricted to neither locality nor property, but is usually general and personal. Payments of a fee levy will continue to be made with each repetition of the service, which may be frequent or seldom, and there is no defmiteness as to how much these levies will bring to the treasury. A special assess- ment is a definite levy made once for all, while the exact amount to be received is a part of the calculation. Be- cause of these characteristics it adds to clearness to sep- arate special assessments from both taxes and fees. Special Taxes and Special Assessments. One should be careful to distinguish between special taxes and special assessments. Special taxes are those which are levied, the expenditure of which will be for some particular purpose, such as school taxes, or road taxes. The expenditure is presumably made in the district where the tax is collected. The special taxes are usually levied upon the same base as other taxes, without reference to any individual benefit which might be calculated to arise from their expenditure. The wealthy unmarried man would be assessed for a special school tax, while a poor man with several children in school might escape. The special assessment is levied for a special purpose, but upon those whom the f ulfillment of the purpose will benefit. 78. The Special Assessment Has Been Used More Ex- tensively in the United States than in Europe. The first example of a levy of the nature of a special assessment may be found in Europe, yet the real development of the system can be traced through the American colonies and states. As early as the latter part of the seventeenth cen- tury provision was made in New York for the use of the principle. It did not, however, receive extensive develop- ment here, nor was it copied to any extent elsewhere until well into the nineteenth century. The real impetus to its use came with the growth of internal improvements. At present its most prominent place is found in municipal 132 OUTLINES OF PUBLIC FINANCE finances, although its use by counties and states is in- creasing with the demand for building improved roads. In a number of cities, at various times, the receipts from special assessments have exceeded those from taxes. Some of the many purposes for which it is used are for laying out and building streets, sidewalks, and roads, for light- ing and sprinkling streets, for building sewers and laying water pipes, for planting shade trees, and for developing parks. The special assessment, or betterment tax, is compara- tively little used in European countries, although numer- ous attempts have been made to have it introduced more extensively. Great Britain has perhaps been more an- tagonistic than other countries, and practically all at- tempts to use the principle have met with such objections that they have been given up. One situation which makes its use more difficult is that land or site values are seldom used in levying taxes; the tax is levied on the base of annual rental upon the occupier rather than upon the owner of the land. The " iniquitous American scheme" is gaining ground, however, and is used to a greater extent in the countries on the continent. 79. The Justice of Special Assessments Has Not Been Destroyed by Difficulties Encountered in Their Use. Some difficulties have arisen in the use of the special as- sessment. A number of these difficulties constitute the chief objections that Europeans have to the principle. One which quickly suggests itself is that of making an assessment in proportion to the increase in property value, and in determining the proper district over which to make the levy. The paving of a street benefits not only abutting property, but also property in the immediate vicinity. An expression commonly used is, "only a block from a paved street." Evidently property in the vicinity of a paved street is enhanced in value, even though an exact measure of the increase may be difficult. The base upon which the levy is to be made is also troublesome at times. FEES, SPECIAL ASSESSMENTS, REVENUES 133 Frontage is often used, but this is sometimes so obviously unjust that area or selling value may also be considered. It has been objected, frequently, that the use of the special assessment is dangerous because it may compel the property owners to meet the expense of improvements which the nonproperty owners may desire, or that exorbi- tant assessments may be placed by unscrupulous poli- ticians under the guise of conferring a benefit. In so far as the assessment is measured by the actual benefit to property, the first objection can have but little weight. The improvements will mean increased differentials which will be reflected in higher rents, so that much of the burden will rest on the nonproperty owning class if paying for a benefit actually received can be called a burden. Much fraud and injustice have arisen in making special assessments, and there is no doubt that the amount ex- acted has often been far in excess of any benefits accruing to property. Anyone familiar with the Tweed rule in New York City has sufficient evidence of this. The de- cision of the courts, however, that any exaction in excess of benefits is taking of property without just compensa- tion, has done much to alleviate this difficulty. The principle of the system, in spite of the numerous difficulties, has appealed so much to the sense of justice that it is being more firmly embedded in municipal fiscal policies. If a public improvement to the property of one individual gives an increase hi value which does not come to the general public, it is but just that some return should be made for this increased value. Great care, however, should be exercised by the administrative authorities in fixing the assessment district and in determining the base and amount of the assessment, so as to alleviate as much as possible injustice and inequality. This admonition ap- plies, however, not only to special assessments, but to other forms of revenue as well. 80. Prices Are Paid for Commercial Services Supplied by the Government. Numerous examples occur where 134 OUTLINES OF PUBLIC FINANCE the state supplies services of a commercial nature which might be supplied by individuals. These are not the same in all countries, nor at all times in the same country. Where services are thus supplied, they are usually such as are given by the post office, waterworks, gas plants, lighting plants, telegraphs, telephones, railroads, canals, and other industries of a similar nature. They are the industries in which the degree of public interest is large, and in which the reason for the government's taking over the industry is usually other than to secure revenue. Governments may, however, conduct an industry so as to get the highest revenue; that is, in the same manner as an individual would conduct it. Various government monopolies, such as the French tobacco monopoly, the Indian opium monopoly, or the older salt monopolies, are examples of this condition. The public interest is negli- gible, and the consumer buys from the state on the same basis as if he were buying from an individual. There is no benefit in state ownership except that it is getting re- turns from industry that otherwise would go to individ- uals. The charge is made on the same principle as if it had been made by private management, and has been called a quasi-private price. Nature of Public Price. Generally, however, when a government takes over an industry, the item of revenue is not the only consideration in fact, it is usually inci- dental. The feeling exists that the general public has an interest in the conduct of the industry which an individ- ual operator cannot or will not recognize. It is to supply the demands of this public interest that the industry is run by the government, and the amount charged for the service is known as a public price. A public price might be defined, therefore, as a more or less voluntary payment, made for a commercial service, by individuals who receive a special benefit from the service. The word ' ' rate ' ' has some- times been used to designate this charge, but this only adds greater confusion to the already too numerous mean- FEES, SPECIAL ASSESSMENTS, REVENUES 135 ings of "rate." Various charges are known as rates, as passenger and freight rates, there is also the rate of tax- ation, while in England the local taxes are known as "rates." The amount of the public price is usually governed by the degree of public interest in the conduct of the industry. If the public interest is negligible, as has already been indicated, the basis of the charge will be the same as if the industry were in the hands of an individual. If the conduct of the industry becomes of more importance to the general public, the price charged may be reduced until the service is given at cost. As the public concern becomes more vital, the charges are reduced until the re- turns do not begin to meet the cost. In this situation the price partakes somewhat of the nature of a fee. The dif- ference remains, however, that the payment of the price is voluntary that is, a man may ride on the municipally owned street railway and pay the price, but he may avail himself of any other means of going to town he may choose, and not pay the price. In the case of fees, the avenue for supplying the service is usually limited to the government, while in the case of a price many avenues may be avail- able. The deficit is made up from general taxes. The government may even go so far as to make no charge to the recipients, and meet all expenses from the general tax fund. In such cases the interest of the industry to the public is, or should be, of paramount importance. Reduction in Public Prices. The general tendency has been toward a reduction in public prices. Examples may be found representing the various conditions of charge from the quasi-private price down to where no individual charge is made for the service. Public education, as has been previously indicated, has passed through the various stages, and the cost is now met out of the common fund. The same is true of the maintenance of highways and bridges, while a few years ago the cost was partially met from tolls, The public interest has varying effects on 136 OUTLINES OF PUBLIC FINANCE postal charges, as has previously been pointed out. Postal rates indicate that some parts of a service may be con- sidered as of greater public interest than others, and prices are fixed accordingly. In this way low magazine rates, and postage-free newspapers within the county of publication, can be justified. Likewise, no individual charge is usually made for water used in sprinkling the streets. There is no doubt that this tendency will continue, and that a greater amount of services will be given by the government, the cost of which will be partly or entirely met from general taxes. 81. States Have Sources of Revenue of Minor Impor- tance. Taxes, fees, special assessments, and prices charged for commercial products compose by far the larger part of revenues. A few sources of minor impor- tance exist, however, which should be noted. Some held a prominent place in earlier fiscal systems, but have gradually lost their importance. Gifts. A form of revenue of this character is gifts. Most political units still receive gifts, but they are usually for some particular purpose, such as a library, hospital, or educational building. Oftentimes it takes the form of a trust fund for some definite purpose. A form of gift of less importance makes up the " conscience fund." Indi- viduals often repent of having defrauded the government and will send in, perhaps years afterward, a sum to square themselves with the government and to ease their conscience. Often these gifts are so small that the cost of the clerical work in properly recording them makes this an expensive form of revenue. Escheat and Eminent Domain. Property may come into the hands of the state by escheat or reversion, or by the exercise of the right of eminent domain. The amount received under the first category is, of course, inconsider- able, for there is little property that cannot be claimed by some other ownership than the state. In exercising the right of eminent domain net revenue is not expected FEES, SPECIAL ASSESSMENTS, REVENUES 137 to accrue, since a just compensation is expected to be given in return for the property. If the property thus secured should increase in value over a period of time, and then be sold, the state would be the gainer. Penalties and Fines. Receipts from penalties and fines are found in all governmental units, and frequently amount to sums which are not inconsiderable. They are levied, not with the idea of getting revenue, but against some one who has committed a misdeed. It is expected that the penalty or fine will act as a deterrent against violation of law. They come under the penal power of the government, and the amounts thus secured are so variable that they are not usually seriously considered as a part of fiscal systems. ADDITIONAL BEADING Seligman, Essays in Taxation, chaps, xiv, xv. Urdahl, Fee System in tJie United States. Rosewater, Special Assessments. CHAPTER VII EEVENUE SYSTEMS OF IMPORTANT COUNTRIES 82. Modern Revenue Systems Have Developed Since Feudalism. Many early states, such as Greece and Rome, furnish examples of well-developed fiscal systems. With the growth of feudalism, however, their importance waned, since under this regime the ruler had direct command over a large amount of economic goods and services. The burden imposed upon the individuals was often heavy in fact, it was ordinarily no less than the burden im- posed by modern taxes. Money economy had not yet developed, and these payments were made in kind. As money began to be used, and as the functions of the state began to be widened, a number of monetary payments appeared which at first were considered as commutations for some of the older feudal dues. The first payments were demanded for such services as maintaining roads and bridges, for protecting travelers, and for the privilege of importing and exporting goods. It was not long until taxes were levied upon land and other marks of ability to bear tax burdens. The early base of most importance, other than land, was some form of building tax, sometimes upon the building itself, and sometimes upon some distinctive part, such as windows or hearth. It is interesting to note that the payment of these early taxes was looked upon as an indication of ser- vility. No direct taxes were at first levied upon the free- men. The influences of this policy may still be seen in the methods of making assessments in some European countries. REVENUE SYSTEMS OF IMPORTANT COUNTRIES 139 Agriculture, in some form, was the predominant indus- try for many years. While this was true, taxes based upon land were, to a large degree, satisfactory, and com- plied reasonably well to principles of justice. Land, how- ever, did not continue to be the sole source of income. Commercial pursuits, and other trades and crafts devel- oped, which made it possible to secure a living, and more, without owning or directly using land. The governments began to extend their services, which meant the need for more revenues. It seemed expedient to secure a part of the increased revenue from these new forms of wealth, and the early tax systems of various countries indicate a branching out to new sources of revenue. The develop- ment was not always the same, and different taxes were used in different countries. It will be instructive to trace briefly the development of the tax system in some of the more important countries. 83. Early Taxes in England Took a Variety of Forms. Some of the first taxes in England took the form of com- mutations. One of the earliest was known as the ship- geld. When the country was threatened with invasion, the coast towns were expected to furnish ships to aid in the defense. If, for any reason, they did not do this, the tax was levied, and was used exclusively for naval pur- poses. This might be looked upon as a commutation for naval services. An interesting early revenue, while not exactly a commutation, was the Dane-geld. It was levied upon land, and paid as tribute to the Danes to keep them from invading the coasts of England. The taxes just mentioned were levied to secure particu- lar services, and the persons taxed were exempt from personally rendering the service. A number of early taxes, however, were levied to secure revenue for general purposes. One of the earliest of these was the hearth tax. This, in effect, was a tax on the family, and was used for a long period of time. Need for increased rev- enue led to the adoption of still other taxes, One of the 140 OUTLINES OF PUBLIC FINANCE first was upon tenants occupying royal lands. It was gradually extended until it applied to all rents. It varied at different times, and the tax was often known by the amount taken, as " fifteenths" and " tenths." At times these taxes were supplemented or replaced by some form of poll tax. The exemptions from poll taxes were few, since they were levied upon all men and women above a certain age, actual beggars alone being excluded. It is interesting to note, however, that these poll taxes were often graduated on the basis of property. Some of the more popular rulers secured special funds from the richer classes, which were termed " benevolences." Another fruitful source of funds which was extensively used at various times was the charge made for granting industrial monopolies. The field open to competitive industry was at times extremely limited, and the burden placed upon the consumers of products was severely felt. Besides all these forms of direct taxes, duties were levied upon goods which came in or left the country, and that they were generally found as a part of the fiscal system can be seen from the fact that they were called " cus- tomary duties." The modern expression, "customs duties," had its origin in this early phrase. 84. Later English Taxes Are More Permanent. Many of the direct taxes which are indicated above were grad- ually given up, while the most important one a direct tax on land became a permanent source of revenue. No very definite policy was followed in levying the tax. In order to secure more revenue from larger payments, the privilege was often granted of commuting all future taxes by a single payment. Such a policy, of course, was ill advised, since it used for present purposes what should have been kept for future needs. Land Assessment. The land tax continued to be an important part of the fiscal system. In the course of de- velopment, assessments began to be made on some definite basis, and the easiest was that of area. The injustice of REVENUE SYSTEMS OF IMPORTANT COUNTRIES 141 this soon became apparent, and the gross product was substituted. Gradually, however, the net product was brought to the front, and this still remains the base. Taxes are regarded as a charge upon rentals, since land values are calculated in terms of rents, rather than in terms of selling price. " Twenty years' purchase 77 is an expression little used in America, yet common in England. Income Tax. The wars hi which England engaged about the first of the nineteenth century created a demand for more revenue than was being supplied by the existing sources. It was then that the income tax was introduced, a form of taxation which has since occupied an important place in the fiscal machinery. The provisions of some of the early laws appear decidedly modern. A simple de- gressive scheme was used a fixed exemption was allowed, and a proportionate rate was levied upon the remainder. With incomes of a certain nature, such as salaries and rents, the tax was to be deducted before the income was turned over to the owner. This method is known as col- lection at source. With other classes of income, a declara- tion of the amount of income was to be made, and the tax levied upon this. In cases where there had been a pay- ment at source, while the entire income was less than the granted exemption, the person from whose income the tax had been taken was to be reimbursed by the govern- ment. 1 Except for a few years, the income tax has continued to be used extensively, and to-day, combined with prop- erty taxes, forms the most important part of the revenue system. Inheritance taxes, or " death duties," as they are called in England, also form a part of the fiscal system. Some old land and building taxes are still used, but are relatively unimportant. Customs Duties. The attitude taken toward customs 1 A detailed discussion of these methods of levying an income tax, to- gether with a discussion of tho present English income tax, is given in Chapter XII. 142 OUTLINES OF PUBLIC FINANCE duties is an interesting phase in England's fiscal develop- ment. The importance of their early use has already been indicated. About the middle of the nineteenth century, however, after considerable agitation and opposition, the protective principle was largely removed from the tariff laws, and at the same time any protective feature in the remaining duties was offset by the excise duties. The agi- tation for such action was from the classes who wished to foster an .extension of trade and who considered that much of the misery of the lower classes was due to the protective laws. The agitation for the reduction of duties centered around the repeal of the corn laws. These had been kept in force to secure higher prices for the products of land so it could more ably meet the taxes which were imposed upon it. Since the repeal of these laws, protective duties have had no very important place in England's fiscal policy. Her tariff schedules are primarily for revenue, are composed of few commodities, and are comparatively simple. Local Taxes. Contrary to the situation in most Euro- pean countries, the local taxes of England have always been more or less separated from the influence of the cen- tral authorities. The levies are made and collected by local authorities for the use of the local district. The taxes are often levied for particular needs, and are known by the purpose for which the levy is made, as, for example, the poor rates. Land in some form was at first the prin- cipal base of assessment, but other bases have developed. Some indirect taxes are also used in securing funds for the different localities. 85. Indirect Taxes Play an Important Role in the Fiscal System of France. The feudal period in France, as in England, contained a number of exactions for the govern- ment. These were generally upon land, and were more of the nature of rents than of taxes. As feudalism disinte- grated and government activities increased, larger rev- enues became imperative. Taxes upon articles of con- REVENUE SYSTEMS OF IMPORTANT COUNTRIES 143 sumption were extensively used. Because of the general acceptance of the mercantilist doctrine, charges were also levied upon imported goods. These taxes formed the most important part of the early French revenue system. The consumption taxes were upon such articles as drinks, jewelry, paper, oil, and the like. Besides taxes upon goods coming into the country they were often levied upon goods which were brought into the cities. They were levied at the city gates and were called gate taxes. Early Direct Taxes. A number of more or less direct taxes also found a place in the early fiscal system. Their form resembled, somewhat, the exactions which had been made under feudalism. One of the earliest taxes used was very similar to the modern general property tax, since land, rentals, and various sorts of property were taken as the measure of the tax which was to be paid. A source of revenue which was occasionally used was a sort of income tax. It was one or more twentieths of the income from land or other property. Somewhat similar was the tax exacted for the benefit of the church. This was a certain fraction, not always the same, of the prod- ucts of the land, and was to be paid in kind. An interesting demand upon the people was that of services for the maintenance of highways and other forms of public utilities. The levies were made, both upon property and upon persons. No classes were exempt, yet some could commute into a money payment or hire some one else to perform the service. The tax upon salt really amounted to a direct tax, since it was stipulated how much salt should be purchased for each member in a family. Poll taxes were used in varying degree. The amount to be assessed was based upon a number of items, such as rank, property, and amount of other taxes paid. There were a number of classes, usually determined on the basis of ability to pay. Occasionally certain classes, such as the clergy, were exempt. Modern Indirect Taxes. The modern fiscal system 144 OUTLINES OF PUBLIC FINANCE closely resembles the early one. Indirect taxes form a relatively important place and yield much more revenue than do the direct taxes. The extensive use of this form of taxes is easily accounted for. The need for increased revenues has grown rapidly, while the lack of political solidarity in the country has been marked. When such a condition exists it is imperative for the party in power to conceal the taxes as much as possible in order to keep the burdens from being felt, and thus prevent dissatisfac- tion and perhaps rebellion on the part of the constituency. Taxes upon the consumption of goods still hold an im- portant place in the revenue system. Some of the more characteristic objects taxed are wines, liquors, salt, sugar, and tobacco. The old gate taxes are still maintained by a number of cities, both for raising their own revenue and for that apportioned upon them by higher governmental units. The collection of a tax through a government monopoly is well illustrated by the French tobacco mo- nopoly. The government does not own the entire process of production, but closely regulates and supervises every step, fixes the rate of pay for the workers and the selling price of the product. Modern Direct Taxes. It must not be inferred, how- ever, that direct taxes do not occupy an important place in the French fiscal policy. A number of these taxes exist, and are modified to meet varying needs. The more im- portant are the taxes levied upon real estate, upon doors and windows, the business tax, and a combination poll and building rental tax. Besides these, numerous fee pay- ments are required, such as for inspection, certification, licensing vehicles, and similar services. The importance of the French business taxes will be taken up in a subsequent chapter. The other direct taxes are, to a great extent, apportioned taxes. The tax on land formerly included any assessment of buildings which was attempted. Later, a separate tax was adopted for these two forms of property, and a different method of REVENUE SYSTEMS OF IMPORTANT COUNTRIES 145 levy v/as provided. The door and window tax is used to supplement the land and building tax, and is an attempt to raise additional revenue from those who are able to pay. A large number of windows and doors is considered as indicative of wealth, and consequently of taxpaying ability. The combination poll and rental tax is designed to fall upon what is generally termed personal property, as well as upon the individual. The poll tax is a definite amount, and levied upon each individual, with some ex- emptions. The rental tax represents the elastic feature, and is large or small, according to the needed revenue, after the poll tax has been collected. 86. The Prussian Tax System Has Had a Systematic Development. Most tax reforms have been spasmodic and have come as the result of necessity rather than of deliberation. Often changes have been made to lighten the burden on particular classes of persons who, for the time being, held the balance of power. It is often neces- sary to secure revenue, and the most expedient plan has been the one most generally used, with little thought as to the justice of the scheme itself, or its relation to other methods of raising revenue which may be in use. This characterization is true, to some degree, of every country, but is less applicable to Prussia than to any other. This is because a number of students, from an early period, made careful investigations and calculations as to what the tax system should be. In framing fiscal measures the government used either these authorities or people trained by them. Consequently the fiscal system devel- oped along carefully predetermined lines and embodies such ideals of justice as careful study and investigation would warrant. Early Revenues. The systematic development just out- lined does not apply to the early revenues. These rev- enues existed before studies could be made, and were secured from any available source. In some parts of the country the methods in use were crude, while in others, as 146 OUTLINES OF PUBLIC FINANCE in the independent cities of advanced political and eco- nomic development, the fiscal system showed much more regularity. The real need for revenues was felt here, as in other countries, with the decline of feudalism. Numerous occasions, such as wars, would arise, in which expenditure was made distinctly for the common benefit. Attempts were made to collect the needed funds from a poll tax, levied upon individuals, but measured by the income and property of the individual. When these failed to meet the needs, the officials would often go out and beg more funds hence the term "bedes," which was applied to these early revenues. A particular set of "bedes," or voluntary payments, soon became a fixed charge, while further voluntary payments were often asked for par- ticular purposes. It was a system of gradually converting a voluntary payment into a fixed one. The name "bede" still remains, though its early significance is lost. Certain classes were exempt from these payments, but were fre- quently asked to donate something to the use of the state. Early Reforms. When systematic studies began to be made, agitation for reform arose, and it was not long before some of the suggestions of the investigators were adopted. One of the first accomplishments was to de- stroy the old feudal relationship between the tenant and the proprietor of land. Many changes were made in the kind of land taxes and in the method of the assessment. The final result of the experiments was a tax upon the net rental of the land. Throughout the early development the tax on buildings was included as a part of the land tax. When net rentals were adopted as the base for land assessments, however, the taxation of buildings was put in a separate category. In the cities the rental value of the building is usually taken as the base for assessment, while in rural communi- ties a number of factors are considered. Another direct tax which received wide use, and which has been very REVENUE SYSTEMS OF IMPORTANT COUNTRIES 147 productive, was the one placed upon industries of various kinds. Changes in industry necessitated many changes in this form of revenue. It is rather remarkable that, since so much of the early funds was secured from these sources, later all three were given over to the smaller political units, and the revenue collected was expended for local purposes. Consumption and Income Taxes. Consumption taxes were early used as sources of revenue. They were intro- duced with the abandonment of the feudal payments, were placed upon necessities, and were made applicable alike to urban and rural districts. The administrative problem proved so difficult, especially in the country, that it was not long before poll taxes were substituted in all but a few localities. Out of this uniform poll tax a class tax soon developed. Classes were formed on the basis of wealth, profession, and other characteristics, and each individual of a particular class was to pay a definite amount. These taxes, with some modifications as to classes and rates, formed the most important part of the system until the income tax was introduced. The income tax was adopted about the middle of the nineteenth century, and since then has supplanted the former class taxes in importance, although the latter are still used to some extent. The scheme for taxing incomes has been modified with attempts to more nearly approach ability to pay. Progressive rates are found, not only for incomes of increasing size, but also on incomes from prop- erty as distinguished from incomes from labor. As might be expected, assessment difficulties have been hard to eliminate. A more detailed study of the Prussian income tax will be found in the chapter on Income Taxes. 87. Fiscal Development in American Colonies Was Not Uniform. The conditions under which the fiscal systems of the Ajnerican colonies developed possess a number of distinctive features. Land was never held under a feudal regime, but could always be bought and sold, so the fiscal 148 OUTLINES OF PUBLIC FINANCE systems were not modified by a transition to private own- ership. Some payments of the officials in earlier Colonial history resembled, somewhat, the older feudal payments. Such were a part of the products of the soil which were occasionally collected. Another situation peculiar to the colonies was that they were not free to shape a fiscal system which did not con- form to the ideas of the Mother country. The lack of uniformity in industrial pursuits, moreover, made a uni- form development of tax measures a circumstance not to be expected. Consequently, the early fiscal development corresponds, somewhat, to the economic characteristics which distinguish one section of the colonies from the others. Northern Colonies. Where definite forms of property developed, this was taken as an indication of ability to pay taxes, and some form of a property tax was found. In some cases specific articles were stipulated as the base upon which taxes were to be levied, as land, horses, or cattle; in others, all forms of property were taken as the base. The latter condition gradually became prevalent as more and more objects were added to the taxable list in those localities where only specific forms of property had been taxed. The above method of securing revenue is best illustrated in the Northern colonies, although it was not entirely con- fined to them. Even there it was frequently supplemented with other sources of revenue. In the use of property as a base, the attempt was made to arrive at the taxpaying ability of the citizens, and a number of the early laws state that the measure was adopted in order to meet the ability to bear taxes. It was on this ground that the extension of the list of taxable property was justified, as well as the inclusion of professional classes, such as law- yers, doctors, and others whose incomes were of such a nature as to enable a tax burden to be met. Some use was also made of different forms of indirect taxes, but it was REVENUE SYSTEMS OF IMPORTANT COUNTRIES 149 of little importance when compared with the taxes on property. Frequently, also, poll taxes were found. Middle and Southern Colonies. Economic conditions of the Middle and Southern colonies differed from those of the Northern group. Commerce developed much earlier, and continued to be more active. The small farm of the North gave way to the large plantation of the South. It was the difference between a general ownership of land and a small property-holding class. This class, as might be expected, was not in favor of land bearing the tax burdens, and other measures were sought. The poll tax received early consideration and was extensively used. A uniform levy was at first adopted, but the injustice soon became so glaring that the kind and amount of property owned was considered in making the levy. The poll tax was also considered as a lien against property. The sys- tem was so unsatisfactory, however, that indirect taxes were used extensively. These took the form of export duties as well as import duties. In the middle group of colonies trade developed almost at the beginning, and was the logical source of obtaining revenue. Consumption duties were levied as well as im- port and export duties. These did not take care of all the needs, and resort had to be made to other sources of revenue. Under the Dutch rule of Peter Stuyvesant in New York, for example, an " honest and fair tax" was placed upon "land, houses, or lots, and milch cows or draft oxen." Property taxes gradually increased in im- portance in this group of colonies, and at the time of the Revolution they were firmly embedded as a fundamental part of the fiscal system of all the colonies. These taxes centered around land, and the importance of its ownership was intensified in some colonies by making the full rights of citizenship dependent upon the possession of a certain quantity of land. 88. The Central Government Encountered Difficulties in Financing the Revolution. The difficulties encountered 150 OUTLINES OF PUBLIC FINANCE by the central government in securing funds to carry on the Revolutionary War warranted some express provi- sions in the Federal Constitution in regard to revenues. The underlying difficulty was that the Continental Con- gress had no compelling power, neither had it any inde- pendent source of revenue. Its sole course was to make requisitions upon the colonies, but it could not enforce payment. The Colonial revenue systems were simple, and had never been strained by heavy demands, since the governmental functions were comparatively few and inexpensive. To expect them to respond to such a need as a national war would have been to expect entirely too much. Indeed, the results were even better than such a loose arrangement might warrant, for more than 50 per cent of the paper money requisitions were paid, and about 15 per cent of the specie demands. The fiscal provisions in^the Articles of Confederation illustrate the lack of power of the central government. No state was expected to levy duties that would interfere with any treaties into which Congress might enter. All the general expenses were to be met from a common fund, which was to be supplied by the various states in propor- tion to the value of land and improvements. The levies and collections were to be made by state authorities. The lack of any power to enforce these provisions re- sulted in a dearth of funds. An attempt was made in 1781 to get the consent of the states to a rather general 5 per cent tax on imports. In spite of many protests and much coercion, Rhode Island remained firm against the meas- ure and its adoption failed. Two years later an attempt was made to secure import duties on certain specific articles, the collection to be made by state officials. Less interest was shown in this than in the previous proposi- tion, and the continued opposition of New York kept the proposal from becoming active. 89. The Federal Constitution Contains Important Fis- aj Provisions, Fiscal problems, as might be expected, REVENUE SYSTEMS OF IMPORTANT COUNTRIES 151 received no little attention in the Constitutional Conven- tion. The measures in the Constitution to safeguard the revenues of the Federal government are as follows: Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be unif jrm throughout the United States. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any state. No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely neces- sary for executing the inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. All bills for raising revenue shall originate in the House of Repre- sentatives; but the Senate may propose or concur with amendments, as on other bills. The importance of providing for uniform duties is clear. Had it been otherwise, disgraceful state and sectional fili- bustering and log rolling to secure local advantages would have been augmented by attempts to secure favorable duties for a particular section. Attempts to make the ex- pression " uniform" apply to individuals rather than to localities, have been frustrated by the courts. Direct and Indirect Taxes. The apportionment of direct Federal taxes caused much difficulty in the Constitutional Convention, and the solution, from the standpoint of jus- tice, leaves much to be desired. The previous apportion- ment with land values as a base had been a failure, because no adequate assessment had been made. The apportion- ment, according to numbers, is no less objectionable. With such an unequal distribution of taxpaying ability as exists among individuals in the United States, appor- tionment on this basis cannot but work injustice. The greatest virtue of the provision is that it seldom has been used. Even when it has been tried the success has not 152 OUTLINES OF PUBLIC FINANCE been all that could be desired. The revenues have come in slowly and in uncertain amounts. The first attempt to use it was in 1798, when $2,000,000 was apportioned among the states. It was still being paid five years later. Direct taxes were again used as an emergency measure at the tune of the War of 1812, and also at the time of the Civil War. The states were tardy in paying their appor- tionment and the full amount never was received. Meaning of Direct Taxes. The meaning of direct taxes has not always been clear, and has led to considerable litigation. The court has usually decided the particular case before it, without giving a general interpretation. In its decisions it has not always been consistent, neither has it followed the distinctions which have usually been laid down. The income tax of the Civil War was held to be constitutional, while a similar tax in the early 'nineties was declared to be unconstitutional on the ground that it was a direct tax not levied in accordance with population. Soon after the adoption of the Constitution, an attempt was made to secure Federal revenues by levying a tax on carriages and on the sale of certain commodities. The carriage tax varied according to the kind of carriage and was contested on the ground that it was a direct tax. The ordinary distinctions between direct and indirect taxes would place such a tax in the former class, yet the court did not so rule. It held that a tax on expense was to be considered as an indirect tax. Carriages were consumable commodities, therefore an expense to the owner, and a tax would be an indirect one. The court was inclined to believe, it is said, that the direct taxes intended by the Constitution were a poll tax and a tax on land. Restriction upon Export Duties. The singular provision that prohibits the levy of taxes on exports was due to the efforts of the Southern coast states. Many leaders of the convention urged the necessity of granting Congress power to levy export duties. The delegates of these Southern states feared such a power might be used to discriminate REVENUE SYSTEMS OF IMPORTANT COUNTRIES 153 against their agricultural exports. For fear of losing the support of the South, therefore, the concession was granted. The taxes used by the Federal government, then, are principally of the indirect nature. They consist of two kinds duties upon imported goods, and internal revenue duties. The protective feature of the import duties, how- ever, has often surpassed the revenue aspects in impor- tance. The use of the Federal income tax, which was authorized by the Sixteenth Amendment to the Consti- tution, has been an important recent source of revenue. A tax upon the net income of corporations and a Federal inheritance tax have also been used to a small extent. 90. Numerous Taxes Make Up the Revenues of the States. The fiscal systems of the states are separate and distinct from that of the Federal government. The Fed- eral government is one of delegated powers, while the powers of the states are residual. Much diversity, there- fore, might be expected in the fiscal systems of the states, while the Federal system can only be changed by constitu- tional amendment or a change in court interpretations. Constitutional Limitations. The constitutional provi- sions noted above have an appreciable effect upon the revenue systems which can be used by the states. No state, of course, can levy duties upon exports or imports. The significance of this restriction has increased in im- portance as commerce has become more extensive, and has opened up greater and greater possibilities of securing revenue. The constitutional provisions which guarantee the citizens of one state all the privileges and immunities of the citizens of another state, and which give the con- trol over interstate commerce to the Federal government, place further limitations upon the state's taxing power. No state can, therefore, lay a tax upon a citizen of another state which does not apply likewise to its own citizens. The courts have excepted corporations from this inter- pretation of citizenship. A corporation which does busi- 154 OUTLINES OF PUBLIC FINANCE ness in a state other than the one in which it was char- tered may be taxed differently from corporations formed within the state. Should a state attempt to levy a tax upon goods, either leaving its borders or coming in, this action would immediately be declared void by Federal authorities because of the interference with interstate commerce. Consequently, what might be made a very fruitful source of revenue cannot be used, and resort must be had to forms of taxation which will stand under the constitutional provisions. State Taxes. Some form of property tax was early found in all the states, and has so developed as to include practically every form of property, both personal and real. In spite of the difficulties which have arisen, it still remains the tax of primary importance in every state, if not for state purposes, for the minor political divisions. Problems of equal assessment arose at the beginning of its use, but have increased many fold with the develop- ment of immense wealth in the form of intangibles, which so easily escape assessment. Many innovations and modi- fications have been tried to remedy the defects, but with far from satisfactory results. The long use of the property tax has so firmly embedded it in state and local tax sys- tems that attempts to dislodge it, or even materially modify it, have generally proved futile. The property tax still retains much of its earlier im- portance, yet other taxes are used in most states to sup- plement it, and in some cases almost to supplant it for securing funds for state purposes. Where this is true, the property tax is given over more exclusively to the local political units. One of the first taxes to be used, and one which possesses great possibilities which have not been developed, is the inheritance tax. It is only recently that its adoption has become important, and as yet the rates are comparatively low. A few states have developed the use of the income tax, and its further extension as a source of state revenue may be hastened by the adoption of the REVENUE SYSTEMS OF IMPORTANT COUNTRIES 155 Federal income tax. The policy of most states of impos- ing taxes of various sorts upon corporations is one of increasing importance. Early corporations were looked upon in a measure as public benefactors, and consequently were treated with leniency. As this attitude changed, and as it began to appear that corporations were well able to contribute to the support of the state in a way which they were not doing under the property tax, states began to impose special taxes upon them. License and business taxes, in recent years, are finding a more important place in the fiscal systems of states. Local tax systems are largely governed by the states, and invariably hinge around property taxes. License and business taxes, as well as special assessments, are also used. The principal taxes used by the Federal, state, and local governments will be treated in detail in some of the succeeding chapters. 91. Definite Tendencies Are Indicated by Fiscal Sys- tems. In this review of the development of tax systems of different countries certain definite tendencies may be noticed. The most important, perhaps, is that, as the central governments become older, and the political duties and responsibilities become recognized by the citizens, direct taxes can be used to supply an increasing propor- tion of the needs. This is evidenced by the importance of the income tax in the fiscal systems of England and Prus- sia, and its recent adoption in the United States. Another noticeable tendency is to place less reliance upon property as a base for taxes. The European coun- tries have given it up in large measure, while in the Ameri- can states other taxes are being used to supplement it, and in a few cases the revenue from property is left almost entirely for the use of localities. The tendency has de- veloped, also, to formulate revenue systems, based upon ability to pay taxes. The gradual replacing or supple- menting of indirect taxes by those, the burden of which can more easily be traced, and the seizing upon new forms 156 OUTLINES OF PUBLIC FINANCE of ability as they make their appearance, are evidences of this condition. No generalization can be made as to tendencies toward centralized control of fiscal systems. In some European countries such control is practically absent, while in others it is important. In the United States, aside from consti- tutional limitations, the Federal government exercises no control over the states. The states, however, usually have complete control over the minor political divisions. There has been a recent movement in some parts of the country to secure local option in fiscal matters, but as yet it has met with little success. Another very marked tendency in every political division is the resort to the use of public credit. A subsequent chapter will be devoted to this aspect of revenues. ADDITIONAL READING Seligman, Essays in Taxation, chap. xvi. CHAPTER VIII THE SHIFTING AND INCIDENCE OF TAXES 92. The Justice of a Tax May Depend on Its Shifting and Incidence. A proper understanding of the terms shifting and incidence is necessary before their discussion can profitably be undertaken. Fiscal authorities may place a tax upon a particular individual, which he will pay. He may, however, in some way, transfer the bur- den of this tax to a second individual; the second may transfer it to a third, and so on. The burden must, how- ever, finally rest somewhere that is, a point will be reached where there will be opportunity or possibility for no more transfers. This process of transferring a tax burden from one individual to another is called shifting] the point where the burden finally rests is called the inci- dence. The expressions have the same meaning as when applied by physicists to rays of light. A ray of light may be shifted or refracted in various directions by mirrors or prisms, but it will finally rest or hit upon some point, and this point is its incidence. The incidence of a tax is usually considered as the result of its having been shifted. If, however, a tax burden remained where it was first placed, the incidence properly might be said to be here, even though no process of shifting occurred. The shifting of a tax must be clearly distinguished from the evasion of a tax. When an individual evades a tax he neither pays it and bears the burden, nor does anyone else. If all taxes were evaded no revenue would accrue to the state, while if all were shifted the revenue would not be affected, yet the person making the payment would 158 OUTLINES OF PUBLIC FINANCE not feel the burden. When the holder of a mortgage, for example, does not list it with the tax assessor, he evades the tax. If, however, he lists the mortgage as a part of his property, pays the tax levied upon it, and then charges the mortgagor a sufficiently high rate of interest to recoup himself for the tax, it is shifted, and the incidence is on the mortgagor. Justice in taxation has long been an important fiscal problem, and from the time authorities began to give it their attention the question of shifting and incidence has received careful consideration. Some of the early theories of taxes find their justification in the ideas which were held concerning this particular phase. The ideas were sometimes unsound, and the tax systems were modified as experience showed the fallacies around which they were built. Some attention has been given to the shifting and incidence of revenues from the beginning of fiscal operations, yet it is only recently that any scientific study has been made as to causes, results, and methods. It is at present one of the most important questions if, in- deed, not the most important to be considered in deter- mining the justice of taxes. It is only when knowledge is had of the real bearer of a tax burden, that correct judg- ment can be passed as to the real justice of that tax. To know merely that a tax has been shifted is often insufficient knowledge to a reader or an investigator. It is not known how far the incidence is removed from the levy of the tax, whether the tax has been shifted once, twice, or a half dozen times. Neither is it known whether the shifting has been backward toward the producer, or forward toward the consumer, yet a tax might be shifted in either direction, depending on circumstances which will be discussed later. Where there has been more than one stage in the shifting process, a student often wants to notice the consequences of the tax, or the mode of shifting at one or more of these stages. The expressions, original incidence, or first incidence, second incidence, and so on ? THE SHIFTING AND INCIDENCE OF TAXES 159 are sometimes used to denote the different stages in the shifting process. When used without a qualifying word, however, incidence refers to the final resting place of a tax. A fiscal system which attempted to levy taxes only upon the individuals most able to bear tax burdens, might be very unjust in its operation because of the shifting of these burdens. The attempt should be made to levy taxes so that the incidence will occur where there is the greatest ability to bear the burden. Such an ideal, of course, would be difficult to attain, but it can be more nearly attained if fiscal authorities understand and apply the principles that govern the shifting and incidence of taxes. 93. A Study of Shifting and Incidence Is Fundamen- tally a Study of Price. It would be utterly impossible to trace the burden of every tax until the incidence were definitely determined. In fact, it would be impossible to trace definitely, through all its ramifications of direct and indirect influences, the shifting of any tax burden, though it could be much more nearly done in some cases than in others. Some taxes are not shifted at all, others to a very small extent, while the burden of some is lost in the great mass of a consuming population where it is impossible, sometimes, even to locate or estimate the burden. The Diffusion Theory. The difficulty of tracing a tax, however, need not discourage a study of the principles which underlie the conditions which make shifting possi- ble. An early group of theorists held that every tax was shifted on and on, ad infinitum, until the burden rested upon every individual. This is known as the diffusion theory, and was supported because it was believed that taxes were so diffused that the amount which fell upon any individual was so small as to be practically burden- less. A moment's reflection, however, will reveal the fal- lacy of such reasoning. Suppose an individual buys a s.uit of clothes for his own 160 OUTLINES OF PUBLIC FINANCE consumption, for which he pays $50. There is a 10 per cent tax on the excess paid over $25, or a tax of $2.50. Since he does not pass the clothes on to some one else, and thereby provide the possibility of raising the price to $52.50, in order to recoup himself, he must bear the bur- den. Numerous taxes, such as the one suggested, are familiar to those who bought goods during and after the Great War. If, in the supposed case, however, the tax had been placed on the manufacturer, and he had raised the price $2.50 to the wholesaler, who likewise raised it $2.50 to the retailer, the consumer must pay $2.50 in order to recoup the retailer. The incidence in this case is the same as in the first supposition, although there have been a number of shiftings. But the consumer cannot shift the tax farther. The suit of clothes is now past the final stage of production, and has ceased to influence the producer-consumer relationship. It no longer can enter into demand and supply as it did when in the hands of the retailer, wholesaler, or manufacturer. Demand, Supply, Price. From this example it is seen that a tax on a good cannot be shifted by the consumer if it is levied after the last stage of the productive process. In other words, there must be a chance to affect an in- crease in price to some one else in order to regain the tax. It is a truism to economic students that the two most active determinants of price are supply and demand. In order to influence price, then, the individual who wishes to shift a tax must do it through influencing one of these factors. The case would be rare where a good would be more in demand after a tax had been placed on it than before, for it is difficult to see how the circumstance of a tax would increase the utility. It might be true in cases where the use of taxed goods gave some mark of distinc- tion, and therefore made them desirable, but such cases would be so rare as to need no consideration. Ordinarily, then, the price change must be effected through a change in the supply. A decrease in the supply, THE SHIFTING AND INCIDENCE OF TAXES 161 with a constant demand, will raise the marginal utility, hence increase the price and allow the tax to be shifted. From this brief review of the nature of price it is easily seen that a study of tax shifting is fundamentally a study of the laws of price. With this in mind it will be interest- ing to note the possibility of shifting some of the more common taxes. 94. General Poll and Income Taxes Cannot Be Shifted. The conditions just considered, which make the shifting of taxes possible, are scarcely applicable to some taxes, while they are easily applied in the case of others. Gen- eral poll and income taxes furnish good examples of those which cannot be shifted, because of the applicability of the laws of price. General Poll Tax. Poll and income taxes are more closely connected with personality than are any other forms of taxation. There is no possibility of a general poll tax changing the price of something used by some one else, so as to make him bear the burden. The burden of a general poll tax of $10 upon every person over twenty- one years old would fall on the individuals of that class. It may be necessary to expend more energy in order to get funds to meet the tax, or the tax may be evaded, as is the case of many of the poll taxes in the Southern states, but this does not shift the burden. It is conceivable, however, that a general poll tax could be made so burdensome as to postpone the age of marriage and materially reduce the size of families. The long-time effect, therefore, might be to lessen the supply of labor relative to the demand, and cause a shifting of the tax to the extent that a decrease in numbers, due to the tax, caused a higher wage. In this case a greater burden would be placed upon employers because of the tax. Local Poll Tax. The immediate effect of a poll tax levied by a particular community differs materially from a general poll tax in its possibility of being shifted. Sup- pose one county in western Pennsylvania would levy an 162 OUTLINES OF PUBLIC FINANCE annual poll tax of $100 upon every male person over twenty-one years old, while the adjoining counties had no such tax. Laborers would leave the county with the tax to seek employment where the tax system was less bur- densome. This decrease in labor would mean an increase in wage to those who remained. The tax will have been shifted to the employer to the extent of the wage increase. Income Taxes. The possibility of shifting income taxes follows practically the same reasoning as for poll taxes. A general, proportional income tax would hardly be shifted. An individual would not cease to get an income because it were taxed, neither would he gain by going to another locality or occupation where the tax conditions were the same. If the tax were large enough to be burden- some it might, over a period of tune, have the same effect as a burdensome poll tax in reducing numbers. This re- duction in the size of the family in order to maintain a certain standard of living, will result in higher wages than would otherwise exist. The price of labor has gone up because of a tax, and the tax has been shifted to the ex- tent of the wage increase. Where rates vary for different communities there is likely to be a readjustment of the labor supply, with a shifting of the tax to the extent of increased wages due to the readjustment. Shifting might also take place if incomes from one occupation were taxed more heavily than incomes from another. Suppose that, under the police power, the income of teachers should be made ex- empt from taxes while no exemption were made for book- keepers and stenographers. This would make teaching more desirable and the other occupations less desirable. The number of bookkeepers and stenographers would decrease, with a corresponding higher wage to those re- maining. In so far as this would be true, the tax would be shifted to the extent of the increased wage. These cases are mere possibilities, and as a general proposition neither general poll nor income taxes can be shifted. THE SHIFTING AND INCIDENCE OF TAXES 103 95. Land Taxes Are Often Called Burdenless Taxes. It is a generally accepted principle that a tax on land values is capitalized, and that sufficient allowance is made in the purchase price that the burden of the tax continues to remain on the individual who owned the land when the tax was levied. An example will make clear how this principle is supposed to work. A man contemplates buy- ing a farm, and calculates that the net income from its operation would be about $2,200, which, capitalized at the current rate of return on similar investments, say 5 per cent, would make the value of the farm $44,000. In these figures, however, he has neglected to take into account the annual tax of $200. When this is considered the annual net income is reduced to $2,000, which, capitalized, will give a valuation of $40,000 that the purchaser will be willing to pay. He keeps the additional $4,000 that he would have been willing to pay for the farm had there been no tax, to endow permanently the annual tax of $200. The seller, by being compelled to accept $40,000 instead of $44,000, has borne the burden of the $200 tax as long as it exists. It is possible that the supposed purchaser of land may want to sell his purchase. He does not feel the effect of the tax as did the original seller. The income, less the tax, will still be the same, and the selling price will be the same as the purchase price so far as the tax is concerned. The tax has been paid year after year, yet the owner of the land has felt no burden of it. It is often asserted, therefore, that the burden of a tax remains upon the owner of the land at the time of the levy, and is burden- less upon all future purchasers. In other words, a tax on land values cannot be shifted to the purchaser. Tax on Land Values. It is generally believed that an increase in taxes on land values is often shifted by the landlord to the tenant through collecting a higher rent. A correct understanding of the nature of rents will reveal the fallacy of such thinking. Students of economics are 164 OUTLINES OF PUBLIC FINANCE familiar with the differential nature of rents. They repre- sent a surplus which belongs to the owners of the better grades of land. Rent represents the difference between the return from these better grades of land and the return from that grade of land which it just pays to cultivate at the prevailing prices for the products from the land. This marginal grade of land has no rental, hence no capi- tal value to be affected by a tax. Before a tax would lessen the amount of land under cultivation it would have to be 100 per cent of this rental surplus. A tax upon values, then, would have no effect upon the amount of land used for cultivation. The tax, on the other hand, in no way affects the demand for the products from the land, hence prices and the differential advantage, in rent, will remain the same as without a tax. Land is no more or less desirable to a tenant after a tax levy than before. It may appear, sometimes, that the landlord shifts the tax in a higher rent charge. If, for some reason, the ten- ant has not been paying the full differential surplus, then it may be possible for the landlord to raise the rent and think he is shifting the tax. What he does, however, is to get more or all of the surplus which he should have been getting before because of the differential advantage of his land. The landlord, then, must bear the new tax, which makes the land a less desirable investment than it was before the tax was levied. Demand will fall off for this class of property, with a consequent fall in the price of land values. Again it is seen that the burden of such a tax once and for all falls upon the owner of the land at the time of the levy. Specific Tax on Land. A specific tax on land would have very different results. Here the demand and supply relationship would be changed, which would result in price changes through which the shifting of the tax could be accomplished. Suppose a new tax of $10 an acre to be placed on agricultural lands. The poorest land under cultivation, however, has just been remunerating capital THE SHIFTING AND INCIDENCE OF TAXES 165 and labor for the energy expended in production. Again the imposition of the tax makes the products no more desirable, and capital and labor cannot afford to con- tinue to use this land, but will seek other fields where it will be properly remunerated. This action causes a decrease in the amount of products put on the market, with a corresponding rise in price. Through this price change the owners of lands which will continue to be cultivated will partially recoup themselves for the $10 an acre tax. Tax on Nonreprodudble Goods. General taxes on non- reproducible goods have the same characteristics as taxes on land. They are capitalized by a prospective buyer and the purchase price is so modified that the burden rests on the owner at the time the tax was levied. A tax upon bonds previously exempt would be offset by a de- creased selling price. Suppose, for example, there were no taxes on 5 per cent bonds, and that under this condi- tion the bonds were selling at par. The government now places a tax of 1 per cent on this class of bonds, which reduces the return to 4 per cent. A purchaser will con- sider only such a figure as will bring him 5 per cent on his investment that is, he will be willing to pay no more than 80 for perpetual bonds. The seller must take a 20 per cent discount because of the tax. A tax on such non- reproducible goods as pictures, curios, etc., would have the same effect. The levy of a tax does not increase the desire for the goods, the purchase price will be decreased, and the burden remain on the seller. If the tax were a local one, however, rather than general, it might be evaded by moving the goods. Herein lies one important differ- ence between such goods and land. From these apparent results of a tax on land and other nonreproducible goods, it appears from the standpoint of justice that such taxes should be permanent rather than temporary. Not all property changes hands within a given period. A temporary tax would be unjust to those 166 OUTLINES OF PUBLIC FINANCE transfers which were made while the tax existed, because the burden of future taxes would be saddled upon the transferor, while in a preceding or succeeding period of no tax the burden would be entirely different. The same principle applies to the taxation of inheritances. An in- heritance tax should be permanent so the burden on in- heritances made at different times will not be different. 96. Taxes on Buildings May Be Shifted. Since the sup- ply of buildings is not constant, but may be materially changed over a period of time, a tax placed upon them is somewhat different, as regards shifting, from a tax placed upon land. Because of the relative fixity of capital in- vested in buildings, however, the total or partial shifting of the tax may take place only after a period of time. It may be assumed that the competition of the different forms of investment for capital will have worked itself out so that capital invested in buildings will be receiving the normal return. Suppose that the government now levies a tax upon buildings which will diminish this re- turn, and that the owner attempts to reimburse himself by exacting a higher rental from the tenant. The rent item in the budget of the tenant is already as large as he can afford, and rather than meet an increase he will move to a less desirable building. Other tenants will do the same until some previously submarginal buildings may be brought into use. Here, as in the case of land, the product is no more valuable to the consumer because it is taxed, the tenant is unwilling to pay more than the utility repre- sented, and the landlord must bear the burden. Over a period of time the situation is likely to change. The pressure of the tax makes the investment of capital in buildings less profitable than before the tax was laid, and less profitable than other forms of investment which were excluded from the tax. Capital will cease to flow into this field and the supply of buildings will remain stationary. As population increases, however, the demand for buildings increases, with a corresponding rise in THE SHIFTING AND INCIDENCE OF TAXES 167 rentals. They will continue to rise until capital invested in buildings again will be getting the current return, when more buildings will be produced. Rentals have raised because the tax caused the supply of buildings to remain stationary, while there was a continuous increase in demand. Over a period of time, then, because of in- creased rentals due to a readjustment of the supply and demand, the tenant will bear the burden of a tax on buildings. In purchasing a building the same considerations apply as in the purchase of land or bonds. If the payment of a tax is going to cause the receipt of less than the current rate on the investment, the tax, or a part of it, will be capitalized and deducted from the purchase price. To the extent that this is done the burden falls upon the seller. 97. The Capitalization Theory Has Been Ably Criti- cized. 1 The theory that taxes on land and other non- reproducible goods continue to remain a burden upon the owner of the property at the time of the tax levy, has not gone unchallenged. A brief consideration of some of the criticisms may be well worth while. They have been sug- gested, in fact, in the above treatment of the capitaliza- tion principle. An individual who wishes to invest capital has a num- ber of possibilities industry, buildings, land, bonds, as well as other fields. Assuming similar degrees of risk, the important factor which will govern the decision is the rate of return. He must, however, compare the rate of return to be received from the taxed land with that from other industries, also taxed. If all other forms of invest- ment of the same degree of risk as land were so taxed that 1 per cent of the net income be taken, which would leave a realizable return of 5 per cent, then the purchaser of 1 For an able criticism of this principle, see an article by T. S. Adams in the American Economic Review for June, 1916. E, R. A. Seligman has a reply in the Peeember issue of the same year. 168 OUTLINES OF PUBLIC FINANCE land will be satisfied with a 5 per cent return from his land. But in accepting this return he unconsciously bears the tax burden placed upon the investments with which he made comparisons. If the landowner were bearing no tax burden, his rate of return would be greater than that received from taxed industries. What the purchaser of land would capitalize and refuse to include as a part of the purchase price would be any excess in land taxes over the taxes on other forms of investment. He expects the current rate of return, and will not be willing voluntarily to shoulder a tax burden which would cause his return to be less than this. Invest- ments in land, after all, possess no special privileges or immunities. It may seem that the purchaser is only tacitly paying a tax whose burden has already been shouldered. In reality, however, he is silently bear- ing the tax burden in that he has accepted, as a return on his investment, the current return from other taxed industries. Correction of Injustice. If a tax on land and similar investments becomes burdenless, then a rank injustice is being perpetrated by allowing such a condition to con- tinue to exist. A particular class is escaping tax burdens which other classes are called upon to bear. The just solution for such an evil would be, not only to have this class pay the tax which is no burden, but to place an addi- tional tax upon it equal to the burdens felt by other classes. That is, immediately after the sale of a piece of land, bonds, or other similar forms of property, there should be a new or additional tax placed on them. But in order to do this the purchaser would somehow have to be led to believe that it was not going to be done other- wise he will capitalize the contemplated tax, not only the immediate one, but all future ones, and the logical outcome would be the destruction of values. Illustration of Bond Sales. An illustration will make clear the effect of an attempt to make use of such a scheme THE SHIFTING AND INCIDENCE OF TAXES 169 as that just outlined. Suppose a purchaser contemplates buying bonds on which the annual tax is 1 per cent. Under the capitalization scheme he will escape this burden by paying less for the bonds than he otherwise would have paid. To somewhat equalize tax burdens, then, suppose an additional 1 per cent tax be added. On a resale this would also be capitalized, and the purchase price accordingly reduced, necessitating another increase in the tax rate to equalize burdens. After a few such sales the income from the bonds would be entirely taken in taxes. If the original purchaser knew this was to be the future policy in levying taxes, allowance would be made for the capitalization of all these new taxes after resales, and the price he would be willing to pay would be materially les- sened. It could be only through some form of deception through levying some form of tax that the purchaser did not expect that he could be made to bear the so- called burden. The situation w r ould be more literally true with land than with bonds. The latter might be pur- chased with the idea of holding to maturity, while the only way of securing capital invested in land is by resale. Conclusion as to Burdenless Taxes. Such reasoning, no doubt, seriously questions the commonly accepted "bur- denless taxes" which are supposed to arise from the pur- chaser deducting the capitalized tax from his otherwise purchase price. The important thing to be considered in making an investment, aside from risk, is the rate of re- turn. A tax is one of the factors which will affect this. When the current rate of interest is 5 per cent, 5 per cent bonds will sell at par. They are, however, silently bearing the tax placed upon other investments, because it is the return from these investments with which the bondholder is satisfied. If, somehow, all taxes should be removed from these other investments, the returns from them would immediately go to 6 or 7 per cent. The immediate 170 OUTLINES OF PUBLIC FINANCE effect of this on the bond values would be to force them below par, till the same return were realized. By using the current rate of return, then, as the basis for his calculations, an investor bears the ordinary rate of taxes in purchasing land and similar kinds of property. If, however, the property to be purchased bore taxes in excess of the ordinary rate, which would result in a less than normal net return, this excess would be capitalized and deducted, in order that the return be the same as for similar forms of investment. 98. All Taxes on Monopolies Will Not Be Shifted to the Consumer. The opinion is prevalent among the unin- formed that a monopolist has absolute control in fixing price that he can fix it at any place he chooses. A tax placed upon a monopoly or upon a monopoly-produced good, then, is believed to be shifted over to the consumer by the monopolist simply adding the amount of the tax to the price of the product. A monopolist, however, possesses no such broad powers. In some cases a tax may be shifted, or partially shifted, while in other cases no attempt would be made to shift the tax burden. When shifting is accomplished, even by a monopoly, the same laws of price must be observed as hi any other case of shifting. A monopolist can have very little, if any, direct control over demand. A good produced by a monopoly possesses no more utility than if it were produced under competitive conditions, and it will bring no higher price. The power of the monopolist lies in his ability to control the amount of goods which will be placed on the market, and this supply in conjunction with the existing demand will determine the price. The attempt will ordinarily be made to regulate the supply so as to receive the highest net returns. Tax on Each Unit of Goods. The probability that taxes placed upon a monopoly will be shifted can best be studied from an illustration. Suppose the conditions of cost and THE SHIFTING AND INCIDENCE OF TAXES 171 demand for a good produced by a monopoly to correspond to the following schedule : Number Produced Cost of Each Selling Price of Each Monopoly Profit Profit with $2.00 Tax per Unit 25 $5.00 $20.00 $375.00 $325.00 50 4.50 18.00 675.00 575.00 75 4.30 15.50 840.00 690.00 100 4.15 12.75 860.00 660.00 125 4.10 10.00 738.50 488.50 150 4.05 8.00 593.50 293.50 175 4.00 4.00 350.00 (loss) It is to be remembered that the monopolist has control over the supply schedule, but not over the demand. He will presumably fix the supply at the place where he will receive the highest net return, which in the schedule will be 100 units of the commodity. At this number the net profit is $860 more than if any other number were put on the market. Suppose, now, the government places a $2 tax upon each unit of the good produced. The monopoly profits, after paying the tax, are shown in the last column of the schedule. The greatest monopoly profit will now occur when 75 units of the good are produced rather than 100. The imposition of the tax will cause a curtailment of supply from 100 to 75, with a corresponding rise in price from $12.75 to $15.50 per unit. In this particular instance the price has risen by more than the amount of the tax, even though the total returns to the monopoly are less than before the levy of the tax. With a different tax or a different schedule it is possible that the price might rise because of a tax, but by an amount less than the tax. A tax on the number of units produced, moreover, may not affect, in the least, the sup- ply of goods offered. It is easily possible, if the tax be small, that the point of highest net returns will be at the same point in the supply schedule as before the tax levy. In such a case the tax burden is borne by the monopoly. Net Returns or Lump Sum Tax, Taxes on a monopoly, 172 OUTLINES OF PUBLIC FINANCE instead of being levied on each unit of goods, may be levied on the net returns or in a lump sum. In neither of these cases would there be any attempt to shift the tax through a readjustment of the supply schedule. In the above schedule suppose a 10 per cent tax has been levied upon the net returns. The highest net returns will still be obtained by producing exactly the same as before the tax was levied. Ten per cent of the net return from 100 units will leave a larger amount than a 10 per cent re- duction from any other point in the schedule. Had the tax been a lump sum of $50 instead of 10 per cent on net returns, the result would have been the same. Fifty dollars taken from $880 will leave a greater amount than if taken from any other item in the schedule, and the monopolist will continue to produce as before the levy of the tax. A tax upon gross receipts, however, may cause a change in the supply schedule and at least a partial shifting of the tax. The method of levying a tax on monopoly-produced goods is important, therefore, from the standpoint of shifting and incidence. If it be the intention of the fiscal authorities to levy a tax which has the possibility of being shifted, then it will be placed upon the units of commodi- ties produced, or possibly upon the gross receipts. If, however, no shifting be desired, and it is contemplated that the monopoly must bear the entire tax burden, the levy will either be in lump sum or on the net returns. Some of the practical considerations of the method of levy will be considered elsewhere. 99. Taxes on Competitively Produced Goods Have Varying Effects. No general conclusion can be given as to the extent to which taxes are shifted when they are placed upon goods which are produced under competitive conditions. Ordinarily the tax will be shifted to some extent, but in the process the price of the commodity may be changed by an amount less than the tax, greater than the tax, or by an amount just equal to the tax. The price THE SHIFTING AND INCIDENCE OF TAXES 173 will change according to the different conditions of cost of production increasing, decreasing, or constant. The effect of a tax on goods which are produced under condi- tions of increasing cost can be most easily seen by the use of a diagram. GRAPH No. IV Suppose the market conditions are such that each unit of O E goods is selling at the price of O P that is, just enough to cover the cost to the marginal producer. A tax is placed upon each unit of goods produced, which in- creases the cost per unit by the amount of the tax, Cc. This will make it unprofitable for the marginal producer to remain in the field, and fewer goods will be produced. At the new cost the demand will warrant the production of only O B units. As fewer goods are produced, however, the marginal cost becomes less, and the new marginal producer can sell at a price increased by an amount less 174 OUTLINES OF PUBLIC FINANCE than the tax, and still cover his cost of production. The new price per unit will be OP', an increase over the former price of P P' or B' b. The tax was C c or B' b', so the in- crease in the price was less than the tax by bb'. Decreasing and Constant Cost. In a similar way dia- grams could be drawn to show the effect of a tax placed upon goods produced under conditions of decreasing and constant costs. In case the tax is levied upon goods pro- duced under conditions of decreasing costs, the price will increase, but by an amount greater than the tax. The producer will have to recoup himself for the tax, and in addition make up for the greater cost per unit as fewer goods are produced. In the case of goods produced under constant costs, since the cost of each unit is the same no matter how many are produced, the final result of a tax will be to in- crease the price by the amount of the tax. If competition has not worked itself out until the selling price is equal to the cost of production, then a tax may make no change in price. The producer may pay the tax out of the differ- ential above costs, and leave production as before. Here the tax is not shifted, and the consumer is the gainer. Ideas of justice and expediency which authorities may hold will help to determine upon what class of goods taxes will be levied. If it be decided that prices should be affected as little as possible, while little consideration is given to marginal producers, taxes will be secured from such extractive industries as agriculture, mining, and for- estry, because of their condition of increasing costs of production. If it be decided that industry should be left as intact as possible and that the consumer can bear the price increases, then the objects of taxation will be those produced by large-scale establishments. 100. Shifting of Taxes Is Influenced by the Elasticity of Supply and Demand. Important conditions which in- fluence and modify the principles of tax shifting which have just been considered, are the elasticity of supply THE SHIFTING AND INCIDENCE OF TAXES 175 and demand. A supply may be said to be elastic when a small change in price would cause a perceptible change in the amount of goods produced. If a large part of a supply of goods were produced at practically a uniform cost, and this were near the selling price, it would be impossible for producers to bear an appreciable tax burden without greatly curtailing the amount of goods produced. If the tax could not be successfully shifted under such conditions, the amount of goods produced would be ma- terially lessened. If there were a substantial margin between cost and selling price, however, the tax might be borne by the producer, for this would create a condition of inelastic supply. Elasticity of Demand. Of no less importance is the elasticity of demand. The condition of elastic demand exists when a small change in price will cause a percep- tible change in demand. The greater the degree of elas- ticity the more difficult it is to shift a tax. The addition of even a small tax to the current price, when the demand is very elastic, will cause a perceptible falling off in the demand for the product. Some consumers may find sub- stitutes, while others may forgo the use of the particular utility. The less the degree of elasticity in demand, how- ever, the easier a tax may be shifted to the consumer. If the product be a necessity for which there is no substitute, then a tax, to almost any extent, might be added to the price, and the consumer would bear it. The effect of such shifting, however, may not stop here. The consumer, because of the high prices which he must now pay for these necessities, may materially lessen his consumption of other goods. This decreased demand will cause a lowering in their price. The burden of such a tax then is noticed in other lines of production, for these producers must either curtail production or accept a lower price for their product. Direction of Shifting. The relative elasticity of supply and demand has an important influence in determining 176 OUTLINES OF PUBLIC FINANCE the direction which the shifting of a tax may take. So far the suggestion has been that taxes are shifted only toward the consumer. This is necessarily true only when the tax is levied upon the first stage of a productive proc- ess, and not when it is levied on any of the intermediate stages. Suppose the processes in production are manufacturer, wholesaler, jobber, and retailer, and that a tax is placed upon the wholesaler. He wishes to shift this, and may do it by raising his price to the jobber, who will recoup him- self by exacting more from the retailer, who in turn will increase the price to the consumer. He may shift the tax, on the other hand, back to the manufacturer, in re- fusing to pay as high a price as previously for the product. He would pursue the first course if the manufacturer were already selling at near the cost of production while the demand for the product was comparatively inelastic. If there were a wide margin between the manufacturer's cost and his selling price, while the demand were elastic, he would pursue the second course. When a tax is levied on some intermediate stage of production, then, its shift- ing will likely take the direction of greatest inelasticity. It is entirely too much to expect that fiscal authorities should give the principles which determine the shifting and incidence of taxes primary consideration in the levy of every tax. It would be well, however, for them to have a thorough knowledge of these principles, while more frequent attempts at their application might help to equalize tax burdens. ADDITIONAL READING Carver, Essays in Social Justice, chap. xvii. Seligman, The Shifting and Incidence of Taxes. CHAPTER IX CUSTOMS DUTIES 101. Modern Customs Duties Apply Chiefly to Imports. It has been indicated in a previous chapter that a cus- tomary part of early fiscal systems was to levy duties upon goods when they crossed a political boundary. They were called the " customary duties/ 7 and later simply cus- toms duties. In modern times they are usually called tariff duties, and much is said and written on the tariff rather than on customs duties. Only those duties upon goods which cross a national boundary line, or the line of some customs territory which is a part of a nation or combination of nations, are con- sidered as customs duties. Duties which might be levied by a city upon goods, either coming hi or going out over its boundary, would not come under this category. Neither would levies made upon goods going from one part of the country to another, as from one state or province to another, nor would those which might be placed upon goods passing through a country be classed as customs duties. In the earlier development of these duties, levies upon goods going out of the countries were as important and significant as the ones upon goods coming in. Permission from the government to secure gain by trading with for- eigners was considered a valuable privilege, and conse- quently a charge was made. Likewise it was considered perfectly proper to tax a foreigner who secured profits from trading with the citizens of another country. As nations developed, however, the relative importance 178 OUTLINES OF PUBLIC FINANCE of these two classes of duties changed. The growth of the mercantilistic sentiment had much to do with the decline of duties on exports. Apparently one of the easiest ways to augment the growth of the money wealth of a country was to stimulate exports and retard imports, so duties were generally removed from exports. Frequently gov- ernments went further than this and gave bounties, in one form or another, upon goods which went to another country. The claim of mercantilism has lost much of its strength, yet duties on exports have not regained their early importance. It should not be inferred that export duties find no place in modern fiscal systems. In comparatively recent years England used an export duty on coal, with the combined purpose of conserving the supply and raising revenue. Export duties still fill an important place in the fiscal systems of Turkey, India, and a few other countries, and are used upon a few products in some European countries. As a general rule, however, customs duties and import duties are practically synonymous in the programs of most important countries. 1 02. Various Motives May Prompt the Levy of Customs Duties. The two most important motives which prompt governmental authorities to levy customs duties are to secure revenue, and to protect home industries from for- eign competition. These duties are known, respectively, as revenue duties and protective duties, or tariff for revenue only, and protective tariff. Other motives some- times prompt the levy of tariffs, but they usually sink into insignificance when compared with these two. Revenue Duties. The most evident tariffs for revenue only are those placed upon goods which could not be pro- duced Vithin the country, or which could not be produced without great disadvantage. It might be possible to place such a high tariff upon coffee that it would become profit- able to build greenhouses and grow coffee in the United States. Until such a result would begin to transpire, how- CUSTOMS DUTIES 179 ever, the tariff would be one for revenue only. The rates might be raised to a point where little revenue would be received because of the small amount of goods imported, but still it has given no protection to the coffee industry because it has resulted in the establishment of no coffee industry in this country. If the maximum amount of revenue be desired, concern must be had as to how much an increase in duties will cause a decrease in the amount of goods imported. If the duties were placed upon a good which could not be pro- duced at home, and for which the demand were absolutely inelastic, there would be no limit to the tax that could be placed with an ever-increasing return. Goods only possess the above characteristics in degree, however, and some to only a very small degree. Increase in prices, then, to recover the increase in duties, will sooner or later drive the marginal consumer to go without the taxed goods, or to use substitutes, either of which will lessen the demand for the goods, hence lessen the imports and the amount of revenue. The problem of levying a tariff so as to get the highest revenue is much the same as the problem of monopoly price, for exactly the same principles must be considered. Revenue Tariff and Industry. While a tariff for rev- enue only is not calculated to affect industry, it cannot escape doing it to a greater or less degree. Consider again the example of coffee. It has been coming into the coun- try without duty; there was a certain demand, and a price established. If the duty is increased, and the price raised to meet it, the marginal coffee drinkers will begin to drink tea, postum, or cocoa. This creates a demand for products of another industry the duty in effect is protecting it from the former competition of the coffee industry. The above situation would be different if the demand for coffee were inelastic or nearly so. As the price of coffee would rise, more of the consumer's purchasing power 180 OUTLINES OF PUBLIC FINANCE would be needed to supply his want for coffee, and he would have a smaller remainder with which to buy wool- ens, cottons, and other goods. These industries would suffer because of a revenue tax on coffee. It is easily seen, then, that no matter how purely a tariff is for revenue it must have some indirect effect upon industry through the action of the laws of price. Protective Duties. The levy of a protective duty is motivated, primarily, by its anticipated effect upon in- dustry, rather than by any considerations of revenue. The purpose is to lessen the importation of foreign goods, cause a rise in prices, and thereby stimulate the develop- ment of such an industry at home. It is expected to drive industry into fields which would be unattractive if no such duty existed. The diversification of industry secured by a protective tariff comes at the expense of other industries. As the price which must be paid for the protected product goes up, the consumer has a smaller remainder with which to purchase other commodities. At the same time the tend- ency will be to raise wages in these other industries by taking away a part of their supply of labor to work in the new industry. The direct effect of a protective tariff is easily seen it produces a new industry in the country. The indirect effects, however, are just as certain, yet not so easily seen, while they are often impossible to calculate. It is a safe assertion, moreover, that a protective tariff is not an institution which gives something for nothing. Protective and Revenue Duties. In most modern tariff duties the ideas of revenue and protection are not entirely separated. A duty may bring a large amount of revenue and give a small amount of protection, or give a large amount of protection and continue to produce some revenue. The more protection a duty gives, however, the less will be the revenue received, while a duty which would give absolute protection, by eliminating the importation of goods, would destroy revenues. CUSTOMS DUTIES 181 Suppose that woolen cloth of a certain grade, produced under competitive conditions in England, can be sold in this country for fifty cents a yard in a sufficient amount to supply the need. A small amount could be produced by the mosr favored producer here at seventy-five cents a yard, and enough to supply the need at ninety cents a yard. To simplify calculations, assume an absolutely inelastic demand for the cloth. With no tariff whatever, it is evident that no cloth will be produced here, but will be imported, and sell for fifty cents a yard. The fiscal authorities decide that some revenue should be obtained from the importation of this commodity, and levy a duty of twenty cents a yard. This is purely a revenue tariff, because the increase in price that is likely to follow is not sufficient to allow production at home. If the duty is raised to thirty cents a yard it becomes partially protective, for it allows the most favored pro- ducer to market his small amount of cloth. Upon this, however, the government receives no revenue, since it is not imported. The buyer of the cloth is paying the higher price caused by the duty, but to the home producer rather than to the government. Now assume a wholly protective duty, say of forty-five cents a yard. The English pro- ducers cannot now compete with the home producers, who can supply the desired quantity at ninety cents a yard. The government gets no revenue, since importa- tion has ceased. The buyers of cloth pay forty cents more a yard for the cloth, but to the new industry rather than to the government. It is sometimes pointed out that the government does not wholly destroy the possibility of revenue by granting an absolutely protective tariff, because the patrimony of the state is increased to the extent of the protected indus- try, upon which the government can draw for support. This is true only when the protected industry is given a start, and can soon stand on its own feet. As long as an artificial price is maintained by protection, however, the 182 OUTLINES OF PUBLIC FINANCE patrimony represented by the new industry simply repre- sents a patrimony subtracted from other industries. Other Tariffs. Tariffs are sometimes levied to retaliate for the duties laid by another country, are sometimes modified to reciprocate for favors shown by another coun- try, and are sometimes used to attempt to equalize the costs of production between countries. Many of the European duties which are levied against American goods are to retaliate for the high tariffs levied by this country. The proposed reciprocity treaty with Canada a few years ago was an attempt to make concessions between the two countries. An agreement was not reached because of the strong protectionist sentiment. The French tariff represents a system based upon the reciprocity principle. It is known as a maximum-mini- mum tariff that is, a certain maximum tariff is levied from which concessions are made to countries which grant favors to France. A somewhat similar provision is found in our tariff law of 1909, except that it partakes more of the nature of a retaliatory measure. Certain minimum tariffs are levied, which are increased against those coun- tries which have tariff legislation unfavorable to the United States. When a tariff to equalize costs is used, it is expected that neither home nor foreign producer will have any advantage over the other, and that healthy competition can continue between the two. In the example of woolen cloth used above, a forty cents a yard duty would be such a tariff. In actual practice, however, because of the continual changing aspects of industry, the maintenance of such a scheme is next to impossible. Another attempt to use the tariff as an equalizer of costs is the adoption of what is sometimes called the com- pensating tariff. This occurs when an increase is granted in the duties levied on manufactured products sufficient to offset any duties which have been levied on the raw materials used by the. industry which m^kes the manu- CUSTOMS DUTIES 183 factured products in question. Tariffs of this nature have been particularly applicable in the case of woolens. With every increase in the duty on raw wool, the manu- facturers felt they must have a proportionate increase in the duties on manufactured cloth to compensate for their increased costs occasioned by the tariff on raw wool. Such tariffs may also be used to compensate for the use of excise taxes. When an excise tax is placed upon goods produced within a country, a tariff of the same amount is placed upon goods imported into the country. In most countries a relatively greater amount of atten- tion is being paid to the revenue features of tariffs than to the protective issues. Two reasons can be seen for this. First, the need for increased funds has grown rapidly, and second, the avenues open to central governments for rais- ing funds have been limited. 103. The Incidence of Customs Duties Is Important. The principle of shifting and incidence has no more im- portant application to any part of a revenue system than to customs duties. To the uninformed it has appeared that the importer has simply added the amount of the duty to the former price, and that the consumer conse- quently has borne the burden. The problem of shifting, however, does not permit of such a simple solution. The underlying principles of shifting and incidence, discussed in the preceding chapter, apply as much to customs duties as to any other form of revenue. Elasticity of Demand and Supply. The two controlling factors in the shifting of a customs duty, then, are the elasticity of demand, and the elasticity of supply. If the demand were absolutely inelastic, then the importer could continue to import as many goods as before, and sell them at a price, increased by the amount of the duty. Such a situation, however, would rarely exist, and the direction which the shifting will take will depend upon the relative elasticity of demand and supply. More frequently than has been supposed, a part of the burden at least will rest 184 OUTLINES OF PUBLIC FINANCE upon the importer. This happens when the price is either not raised at all or raised by an amount equal to only a part of the tax. Consideration will be given to the possi- bility of shifting import duties in only a few assumed cases. Influence of Extended Market. It is seldom true that any one country is the sole market for an imported good. The laws of trade will have so worked themselves out, under existing conditions, that the seller will be receiving approximately the same net return from the sales in the various countries. If, now, one of these countries levies an additional tax, it will be more profitable to send some of the goods to other countries until the diminished supply would so raise the price as to bring about again an equi- librium of profits. This would come about before the price had raised by quite the amount of the tax, because the increased supply to the other countries would lower the price there. In this case the larger part of the tax is shifted to the consumer, while only a minor part is felt by the producer. Importer Bears Burden of Duty. In some cases, though rarely, a large share of the tax burden may rest upon the producer or importer. In case the demand could be easily supplied by home producers at a slightly higher price, while this market is necessary for the disposition of the foreign product, the foreigner may bear the whole burden of the tax rather than allow the potential home producer to occupy the field. The situation would be temporary if he expected to dispose of only an existing stock of goods which would otherwise be lost, but which could not con- tinue to be produced with the added expense of the tax. If, however, the former margin between cost and selling price had been sufficient to allow the payment of the tax and still continue to produce, the situation would be permanent. It may be possible, moreover, that a particular country constitutes practically the entire market for products. If CUSTOMS DUTIES 185 the demand for these be strongly elastic, the producer will bear the tax until he can change the nature of his production. He may lose by bearing the burden, but he would lose more by the immediate curtailment in demand through an increased price. If the commodity of impor- tation is one which is largely used as a substitute for another, which can be obtained at small increase in price, or if it be one for which a satisfactory substitute can be obtained at a small additional cost, it will be impossible to increase the price perceptibly to offset duties, for by so doing the market would be destroyed. The shifting could be accomplished only if the price of the other product should advance sufficiently. Other hypothetical cases might be given to show the varying phases of the incidence of customs duties. Enough have been given, however, to show that the laws of price are the determinants. In general, when the demand is inelastic and the supply elastic, the conditions are favor- able for the shifting of the tax, while the opposite condi- tions make it unfavorable. The possible effect of an at- tempted shifting upon the home production of goods is always a modifying factor. It should not be forgotten, moreover, that even when the price can be raised by the full amount of the tax, some burden is felt by the pro- ducer because of the decrease in the demand for his goods. 104. Problems Arise from the Use of Customs Duties. The use of customs duties has developed a number of perplexing difficulties. One of the first to develop was that of smuggling. When a country has a large frontier line, with many possible approaches, it is difficult to pro- hibit some goods from getting in without the knowledge of the officials. This is especially true of goods of small bulk and great value, such as precious stones. The duty, on a value basis, is likely to be high enough to make smug- gling profitable. If such goods are not taxed, a source which^is easily able to bear tax burdens is allowed to escape. 18G OUTLINES OF PUBLIC FINANCE Method of Levy. The method of levy is an important problem which always confronts customs administrators. There are two important methods, each possessing ad- vantages and disadvantages. One class of levy is known as ad valorem, and the other as specific. The base for the levy of ad valorem duties, as the term suggests, is the value of the goods. Specific duties are levied upon some other unit than value, such as volume, length, or weight. A specific duty would be upon each gallon, yard, or hun- dredweight. Many objects bear both classes of duties, while some bear only the ad valorem or specific duties. Objections to Specific Duties. Specific duties possess the advantage of being simple and easy to collect. Fraud and evasion are comparatively difficult. They do not, however, conform to theories of justice, since, in effect, they are regressive. Heavier burdens are placed upon the less valuable goods of a class than upon the more valuable, since some other criterion than value is made the base of the tax. The tax burden does not fluctuate, moreover, whether the price to be received is high or low. The gen- eral result is that they are taxes of increasing burden in a period of falling prices, and the opposite when prices are rising. Their administrative simplicity, however, gives them their place as a part of customs duties. Difficulties with Ad Valorem Duties. Ad valorem duties have the advantage of falling upon value, the most just base of levy, yet many possibilities of fraud are presented. The duties have frequently been evaded through fictitious invoices, especially when the goods were shipped by the agent of an American buyer. Goods of high value have often been placed in consignments of a lower value, and have consequently escaped the higher duty. In some cases goods have been artificially colored to resemble those of a lower value, as, for example, the coloring of better grades of sugar. Where a minute classification exists, as in our woolen schedule, it is often difficult to accurately classify the goods. To reduce these fraudulent practices to a CUSTOMS DUTIES 187 minimum, and hence secure a reasonable degree of justice, a large amount of administrative machinery is required. Administrative Machinery. The need for administra- tive machinery can be illustrated by a brief review of the method of levy in force in the United States. The importer receives a consular invoice, which contains a description of the merchandise, including value, discounts, charges, etc. He then makes entry of these goods, with their proper description, with the rates that he considers applicable, and pays the gross amount of duty thus determined. The inspector then issues a permit for delivery, with the ex- ception of one package in every ten included in the im- portation. In no case is less than one article retained from each invoice. These packages or articles are retained for the purpose of appraisement. The value is determined and the rate checked with that used by the merchant. In case the rate which the merchant used was too low, the difference is collected, with penalties for attempted fraud. All protests from the merchants are heard by a board of general ap- praisers, provided the protest is filed within ten days after the merchant has been notified of the charges. The board examines witnesses, calls in experts, and after a thorough investigation renders a decision. Appeals may be made, however, to the Circuit Court within thirty days. The complexities and uncertainties of customs duties, especially of those in the United States, have prevented their indorsement as an unqualified success. The laws are cumbersome and difficult to understand. Duties are laid upon articles with apparently no definite scheme hi mind. The returns have been very irregular, often failing the government when funds were needed most. With proper legislative forethought such difficulties could be greatly lessened, and customs duties could be made a more satisfactory part of the fiscal system. 105. Definite Principles Should Be Followed in Levying Customs Duties. If Adam Smith's second canon of taxa- 188 OUTLINES OF PUBLIC FINANCE tion that the tax which each individual is bound to pay ought to be certain, and not arbitrary is applicable to any form of revenue, it should apply to the levy of customs duties. No other form of revenue has such great possi- bilities for influencing the industrial stability of a coun- try. It is not so much a question of high duties or low duties, of revenue or protective tariff, as it is a question of being able to know what to expect. A country can ill afford to make a political football of its tariff policies, yet this has been true in the United States practically from the beginning. Attempts to use nonpartisan tariff boards have been of no avail, and in- dustry continues to fear a change in administration be- cause of what may happen to the tariff. Where such un- certainty and instability exist, it is impossible to rely upon customs duties for any definite amount of revenue, and avenues must always be kept open through which de- ficiencies can be supplied. Aside from the deranging of industry, then, an indefinite tariff policy also creates instability in the remainder of a fiscal system. The United States would do well to follow the example of some of the European countries in adopt- ing and maintaining some definite policy, but the accom- plishment of such an end seems surrounded with insur- mountable difficulties. Because the tariff may have such important fiscal and industrial consequences, and because the United States is so far from any settled policy, it will be well to review somewhat in detail the tariff struggle as it has been waged, not only in the United States, but in a few other important countries. 106. Early United States Tariffs Combined Fiscal and Protective Aspects. Two attempts were made to secure a national tariff before the adoption of the constitution in 1789, which gave Congress practically the exclusive power to levy such duties. These attempts were made near the end of the Revolution, when other sources of revenue were failing to supply the needed funds. In 1781 Congress CUSTOMS DUTIES 189 hoped to secure the acquiescence of the states in the levy of a duty for the purpose of raising revenue. The pro- posal was a 5 per cent tax upon all imports except muni- tions and certain other specified articles. All the states reacted favorably except^Rhode Island, and no amount of persuasion or remonstrance was able to break down the opposition. The principal objections were that such taxa- tion would fall more heavily upon the commercial states, that it was introducing officials within her borders over whom she would have no control, and besides it was open- ing the way for an indefinite drain upon the resources of the state by the Federal government. The second attempt, in 1783, was no more successful than the first. The amendment which was proposed pro- vided for specific duties on certain classes of goods, as liquors, tea, coffee, and molasses, and an ad valorem rate on all other commodities. The action was to be limited to twenty-five years and, in an attempt to make it more attractive, the returns were not to be used to meet the current expenses of the government, but only for the pay- ment of interest on the pub ic debt. In order to eliminate a previous objection of Rhode Island, the collection was to be put in the hands of the state officials. The spirit of commercial freedom, which at this time had such a hold on European states, was making itself felt on this side of the Atlantic. The great need for revenues by the states also made some of them reluctant to allow the Federal government to enter this field. The consent of all the states was finally obtained except that of New York, whose opposition could not be broken. From the attitude which had been displayed previous to the adoption of the Constitution, it is not surprising that much dissatisfaction was expressed when the states were practically prohibited from using customs duties. It was considered to be entirely too much of an encroach- ment on the rights of the states. It was not long after the adoption of the Constitution, however, until Congress 190 OUTLINES OF PUBLIC FINANCE began to make use of its prerogative to use the tariff. Revenue was sorely needed, internal tax levies were abhor- rent, direct taxes could not be laid until a census had been taken, consequently the tariff presented the most logical field. Tariff of 1789. On July 4, 1789, after a debate of nearly two months, the first tariff legislation of the new govern- ment was enacted. The time in the debate was consumed by attempting to fix the rates, and by attempting to agree upon the measure of protection which should be afforded. Much discussion has arisen over the question of whether this first tariff act was a protective measure. The rates were so low that little protective influence could be ex- pected. Specific duties were placed upon some thirty lands of goods, while ad valorem rates, which ranged from 73/2 to 15 per cent, were levied upon a few goods. A general ad valorem tax of 5 per cent was levied upon all commodities which were not covered by the other duties. While these rates do not give evidence of a very strong protectionist feeling, yet the preamble to the bill would indicate that this was an important consideration. It states that, " Whereas, it is necessary . . . and for the en- couragement and protection of manufacture, that duties be laid." It appears that thus, in the very beginning, the tariff legislation was not to be confined to merely fiscal purposes. The Act was to remain for seven years, yet many minor details along with some rates were changed as need arose. 107. The War of 1812 Increased the Sentiment for Protection. The War of 1812, because of the dangers im- posed upon shipping, and because of the various regula- tions which were placed upon trade, greatly disturbed the foreign commerce of the United States. Revenue de- creased with the diminution of imports, but with the close of war, when Europe began to unload her accumulated stocks of goods upon our markets, the values of imports CUSTOMS DUTIES 191 reached an unprecedented figure, with a corresponding increase in revenue. In this stimulated importation, however, was sensed the destruction of many of the American industries which had sprung up from necessity and under difficulty during the war. The clamor naturally arose for succor. Presi- dent Madison was an advocate of some kind of relief and urged protection to these growing enterprises. The final result was the tariff bill, which became a law April 27, 1816. The tariff imposed by this Act has often been desig- nated as the first protective tariff of the United States. Tariff of 1816. The policy of protection unquestion- ably superseded any fiscal considerations in the tariff of 1816. Little opposition was registered except in the South and Southwest, and even here nearly as many votes were in favor of the measure as were cast against it. The in- dustrial emergency was clearly recognized, and the coun- try as a whole showed its willingness to come to the rescue. It was not until later that sectional feelings were strongly evidenced. The rates provided were both specific and ad valorem, and were highest upon textiles, leather, glass, and paper, and ranged from 25 to 35 per cent. An inter- esting feature of this measure was the introduction of the minimum principle in regard to cotton cloth. All kinds of cloth which had ordinarily cost less than twenty-five cents a yard should be considered under the application of the law as having cost that much, and the tariff would be levied accordingly. For decades following the passage of this law the tariff became the center of discussion from the standpoint of both revenue and industry. Fiscal officials were interested in it because internal revenues were not used from 1817 until the Civil War, and hence import duties were the principal source of revenue. It became important to industry because of what particular individuals and sec- tions of the country expected to accomplish by either inaugurating or abandoning certain tariff policies, 192 OUTLINES OF PUBLIC FINANCE The tariff of 1816 had scarcely gone into action when dissatisfaction arose from interests which considered that the protection granted to them was not strong enough. The producers of iron were the first to register extensive protest because they felt the textile industries were afforded better protection than those who were engaged in iron production. The agitation was so effective that the duties upon iron were increased in 1820. Tariffs of 1824 and 1828. The falling off in revenues due to the industrial depression of 1819 led the fiscal officials to ask a further extension of tariff duties. Those engaged in industry were not backward in asking for further protection, while many saw in this kind of legisla- tion a method for enticing foreign capital to invest in the United States. So effective was the demand from the various quarters that a law was enacted in 1824 which greatly extended and increased the duties. The demand for such legislation, however, was much more sectional than was that for protection in 1816. The commercial interests of New England, as well as the solid South, were opposed, so that the bill secured a bare majority of votes in the House of Representatives. The effect of the legislation was to increase the protec- tion afforded to manufacturers of textiles, iron, glass, and cutlery. The mrnimum valuation on cotton goods was raised, and this principle was also applied to woolens. An important feature, which was destined to be the source of much difficulty hi the future, was the introduction of a tariff on raw wool. The difficulty which this inaugurated was in the securing of a woolen schedule which would be satisfactory to both wool producers and manufacturers of woolen materials. Even though the duties now in force were highly pro- tective, and apparently satisfactory to some industries, representatives of other industries, particularly the woolen, sought to seize upon the existing protectionist sentiment to secure still greater increases in rates. The CUSTOMS DUTIES 193 political trickery and intrigue which resulted, the outcome of which was the tariff of 1828, need not be reviewed here. The protection on woolens was increased to such a degree that the law has frequently been called the " Woolen Tariff." The tariff, as a matter of fact, was unpopular in all sections, and has been generally called the " Tariff of Abominations." Many rates were excessive, and particu- lar sections were favored at the expense of others. The South was particularly hostile, and the Act added new fuel to the nullification flame which the tariff had already helped to kindle. The general dissatisfaction, with its accompanying pro- tests to Congress, together with the fact that a large sur- plus of revenue was accumulating, led many to believe that reductions might be expected. Some attempts were made in 1830, but nothing of importance was accomplished and the agitation continued. The necessity of modifying some of the more objectional features of the tariff of 1828 was becoming obvious. Much difficulty was encountered, however, in agreeing on what the modifications should be. A bill was finally passed in 1832 which, while it did not eliminate the protective features, did lower some of the excessive rates. The protectionists now hoped that the measure was in a form that would not call forth such hostile objection. 1 08. The High Tariffs Were Followed by Reduced Rates. -The hopes which the protectionist branch held for the tariff of 1832 proved to be ill founded. While a part of the South appeared satisfied, yet the people of South Carolina were too much incensed to be appeased by such slight amendments as the law offered. The legisla- ture was not long in passing what is known as the Nulli- fication Act the tariff law, so far as it applied to South Carolina, was null and void. Compromise Tariff. The Nullification Act was the sig- nal for Congress to do something, and a bill providing for extreme reductions was submitted so extreme that little 194 OUTLINES OF PUBLIC FINANCE hope could be entertained for its passage. Henry Clay came to the rescue with a compromise bill, which was passed in 1833, and which is generally known as the Com- promise Tariff. The important features were the enlarge- ment of the free list, and a gradual reduction of duties, so that industries would have a chance to readjust them- selves. All duties that exceeded 20 per cent were to be gradually reduced. Every two years between 1834 and 1842 one tenth of the excess above 20 per cent was to be taken off. On January 1, 1842, one half of the remaining excess was to be removed, and on July 1 the remainder. The final result, then, was to be a tariff of 20 per cent rates or less. Whether the law of 1833 tied the hands of Congress on tariff legislation until 1842 is beyond our province to decide. At any rate there was a marked lull in tariff dis- cussion. The great falling off in revenue, due to the panic of 1837, led some to suggest that the succeeding biennial reductions should be canceled. No legislation was effected, however, until 1842, when the Whigs, a party with the protectionist viewpoint, were in power. The law which was passed was a radical departure from the pre- vious trend and much higher rates were imposed. Some opposition of course arose, but this was kept to a minimum because the treasury was actually in need of increased funds. The South did not seriously press its claim of breach of faith on the part of Congress. As pros- perity increased, however, the tariff again became a vital question and entered extensively into the presidential campaign of 1844. The result of it all was the Walker tariff of 1846. Walker Tariff. Under the Walker tariff rates in gen- eral were greatly reduced, and while it was not a free trade measure, it has frequently been designated as such. The system of arranging the articles under particular schedules was inaugurated, and the change was made from specific to ad valorem duties. The system of pro- CUSTOMS DUTIES 195; viding warehouses, which has been continued to the pres- ent time, was inaugurated under this Act. These were built, and importers permitted to store goods in them, the duty to be paid when the goods were removed. In 1857 the rates provided for under the Walker tariff were mate- rially reduced, with no strenuous opposition, and it seemed the country was drifting to a free trade, or at least a revenue basis, for its tariff. 109. The Panic of 1857 and the Civil War Changed the Course of Tariff Rates. The tariff of 1857 had been a law but a few months when a panic swept the country with its business failures and consequent treasury deficits. The protectionists realized this as a psychological time to increase duties, yet the sentiment for low tariffs was still too strong to warrant the attempt of any radical increases. Many suggestions were made, but the bill which was ap- proved was one drawn by Representative Morrill, and is known as the Morrill tariff. It finally became a law in 1861. Ad valorem rates were raised to about the level of the Walker tariff, and many specific duties were substi- tuted for former ad valorem ones. This Act also intro- duced the compensating feature, which continued to play an important part in tariff legislation. The increase in the duty on raw wool was met with a corresponding increase in the duty on manufactured woolens. The advent of the Civil War, with its demands upon the treasury, increased the interest in tariff rates. Some slight modifications were made in 1862, but primarily to compensate manufacturers for the burdens which the newly inaugurated excise tax had thrust upon them. Again in 1864 a hasty revision was made, by which rates were greatly increased, partly in the hope of increasing revenues, and partly to compensate for the increased bur- dens of the internal revenues. After the war some at- tempts were made to revise the tariff in both directions, but practically nothing was accomplished. In 1872 a flat reduction of 10 per cent was secured, and duties were re- 196 OUTLINES OF PUBLIC FINANCE moved from tea and coffee. The panic of 1873 was re- sponsible for the addition, in 1875, of the 10 per cent which had been removed in 1872. It was not long, however, before revenues were again excessive, and it became generally recognized that some tariff changes were needed. The appointment of a com- mission representing varied interests, in 1882, by Presi- dent Arthur, was met with general approval. Despite the protectionist flavor which was to be found in the commis- sion, it recommended an average reduction in the tariff of from 20 to 25 per cent. Congress proceeded to disre- gard the views of the commission, and passed a tariff law in 1883 which, if anything, still more firmly intrenched the principle of protection. The McKinley Tariff. The sessions of Congress which followed were the scenes of many tariff debates. The two parties were becoming more united in their stands the Republican for protection, and the Democratic for low tariffs. The Democrats attempted many reductions, but were unsuccessful. The first real change in the tariff after 1883 was the McKinley Act, which became a law in 1890. The McKiniey tariff was a Republican measure, yet it purported to reduce revenues. This it attempted in two ways, by raising some duties so high as to make them pro- hibitive, and reducing others. The reductions were on cer- tain iron and steel products, while raw sugar and some steel were put on the free list. The net result, however, was a greater intrenchment of the protective policy because of the large number of commodities upon which duties were increased. Bounties were granted on sugar produced in the United States, while the President was given power to levy duties upon sugar, coffee, tea, and some other articles in retaliation to any country which was unfavorable to the United States with her tariff laws. Gorman-Wilson Tariff. The McKinley tariff proved Very unpopular and the tariff became the leading issue in CUSTOMS DUTIES 197 the Presidential campaign of 1892. The Democratic suc- cesses augured for the adoption of tariff revision down- ward, and this attempt was made in the Gorman- Wilson law of 1894. This represented the first real lull in the steady march of protection since the Civil War. The changes, however, were much less than is generally sup- posed the reduction of rates was so slight as to leave the principle of protection unscathed. It was such an un- satisfactory attempt to redeem pledges that President Cleveland refused to sign the bill, and allowed it auto- matically to become a law. High Tariffs. Much blame was attached to the Demo- cratic administration and its tariff legislation for the in- dustrial conditions following 1893. When the Republicans regained power in 1897 the passage of high tariff schedules was comparatively easy. This was accomplished in the Dingley tariff of 1897, the net result of which was the highest wall of protection the country had yet known. For a number of years little tariff discussion appeared, but a feeling gradually arose that the tariff was partly responsible for some of the increased costs of living, and that a downward revision was needed. The Republicans pledged themselves to this program, and offered the Payne- Aldrich Act in 1909 as the fulfillment of this pledge. Some rates were lowered while others were raised, so that the net result represented, as a whole, a revision upward rather than downward. Lower Tariffs. The election of a Democratic adminis- tration in 1912, pledged to lower tariffs, was looked upon as an indication of real reduction. The result was the Underwood-Simmons Act of 1913. The rates in every schedule were reduced, yet the measure came far from inaugurating a tariff for revenue only. Large additions were made to the free list, and the average rate of duty was materially decreased. The provisions of the bill are so complicated that they lack the clearness which tariff measures should possess. Provision was also made for an 198 OUTLINES OF PUBLIC FINANCE expert tariff commission to investigate and report upon tariff needs. The Great War, unfortunately, interfered with any results, whether good or bad, which might have resulted from this legislation, and consequently no judg- ment can be given as to the success of its trial. Recent Legislation. It was expected that the Republi- can successes in the election of 1920 would result in tariff modifications. The rapid decline in the prices of agricul- tural products, followed by the demand of the farmers for some form of relief, hastened the attempts to modify the tariff. Before the close of the Wilson administration Congress passed the Fordney emergency tariff bill, which the President vetoed, and which failed to pass over his veto. The subcommittees of the Ways and Means Com- mittee of the House at once began to recast the bill for presentation to the Sixty-seventh Congress. The emergency tariff bill, as it is called, was passed by Congress and signed by President Harding in May, 1921. The provisions of the bill are much the same as the one vetoed by President Wilson. It is not designed to produce revenue, but primarily to afford protection to the agri- cultural interests. Comparatively high duties are placed upon a large number of agricultural products. Some aid is extended to Eastern manufacturers through the anti- dumping provisions of the bill. This emergency tariff is presumably but temporary legislation, and Congress has promised a thorough revision of the tariff at a later date. It is difficult to predict just what this will be, but it is likely that some increase in tariff rates may be expected. Import duties have always been an important source of revenue, but it must be concluded from the foregoing sur- vey that the fiscal aspects have very seldom had control- ling interest in the formulation of our tariff laws. Indi- vidual and sectional interests have always been reckoned with, and have shown their influence in the legislation. Nor can the tariff controversy be considered as settled, for the problems of reconstruction have only increased the CUSTOMS DUTIES 199 importance of the tariff in fiscal and political discussions. The situation calls to mind a statement which the author remembers his great-grandfather to have made. He re- marked that the first thing he expected to hear discussed when he awoke in the next world was the tariff. no. Revenue Is Given First Consideration in English Tariffs. The tariff schedule of England is an outstanding example of a system in which entire consideration is given to the fiscal aspects. This result was achieved, however, only after a long process of evolution. England was one of the first countries to use the tariff as a form of revenue, and developed it extensively during the seventeenth cen- tury. The growth of the mercantile doctrines had a strong influence during the eighteenth century. Import duties were generally increased, some to rates which were prohibitive. The Revolutionary War and the French wars caused further increases in many of the duties until, at the close of the War of 1812, most of the rates were excessively high, and applied to a large number of commodities. During this long course of development little objection developed to the gradual expansion of the duties, and the list of goods to which they were to apply. Only two periods of reaction were noticed, and these were so brief and ineffective as to be relatively unimportant. Early in the eighteenth century, when the continually increasing rates were accompanied by a falling off in revenues, many began to question the efficacy of the tariff system then in force. The agitation which arose soon began to produce results, and about 1820 duties were re- moved to some extent from raw materials and food prod- ucts. Again, in the early 'forties, rapid strides were made hi the reduction of duties, and the final work was com- pleted by 1860. Since that time attention has been directed to the fiscal considerations, with the result of securing practically as much revenue as before the reduc- tion of duties, The list of taxed objects is small, and the 200 OUTLINES OF PUBLIC FINANCE system works in coordination with the excise taxes by which duties are levied upon materials which are also of domestic production. Import duties are levied upon a few other commodities which are not produced at home, such as tea, coffee, raisins, wine, and tobacco. The ma- jority of the revenue is secured from liquors and tobacco. As a whole, the system is simple and productive, and has received but a small amount of criticism. in. Other Countries Have Used Tariffs for Industrial and Fiscal Purposes. The use of some form of customs duties is almost universal. In scarcely any countiy, how- ever, is such undivided attention paid to the fiscal results as in England. In France the list of articles taxed is large, and the intention is to secure results other than fiscal. Food products, raw materials, and manufactured products are taxed, on some of which the rates are so high as to give practically absolute protection. The bulk of the revenue has come from comparatively few commodities, as coffee, sugar, corn, petroleum, and wines. There is no attempt to correlate the customs duties with the internal revenue duties, as is done in England. The present system really dates back to 1791, for it is that law, with modifi- cations, usually for political or industrial rather than fiscal purposes, that is the basis of modern French tariffs. The Italian duties, with a history much shorter than that of France or England, are nevertheless strongly de- veloped. Duties upon articles of necessary use form the central part of the system, consequently the burden falls heavily upon the poorer classes. The German system represents a growth from the customs union which was formed before the political union of the German states. The system is characterized by a strong protectionist sentiment which has been directed toward such a diversi- fication of industry so as to make the country self-sup- porting. A majority of the revenue which is received comes from comparatively few commodities, such as corn, coffee, wine, and tobacco. CUSTOMS DUTIES 201 If other countries were reviewed the same situation would be found the use of a tariff system which seeks to combine fiscal, industrial, and political ends. In all the countries export duties, which in the earlier development occupied a comparatively important place, have been practically abandoned. ADDITIONAL READING Taussig, Tariff History of the United States. Dewey, Financial History of the United States. CHAPTER X EXCISE, CAPITATION, 1 AND BUSINESS TAXES 112. The Federal and State Governments Impose Many Taxes. The customs duties have received more consid- eration than any other form of revenue which has been used by either the Federal or state governments. This has been because of the economic and industrial significance rather than because of any fiscal importance which may be attached to them. Other sources of revenue of im- portance exist, however, which are no less remunerative. It is proposed in this chapter to discuss some of these sources from which the Federal and state governments secure funds. The treatment of a part of the sources of revenue, however, such as the taxation of incomes, cor- porations, property, and inheritances, will be reserved for separate chapters. An important source of revenue of the Federal govern- ment which, like the customs duties, is not used by the states or minor political units, is what is frequently called the excise tax. Until a few years ago the significance of Federal revenues was almost synonymous with customs duties and excise taxes. The scope of Federal revenues has been extended, however, in spite of the constitutional limitation as to the levy of direct taxes, until nearly all the sources of revenue which are used by the states must also be considered as a part of the Federal fiscal system. It is only in recent years that the Federal government has 1 There is no logical relation between capitation taxes and excise or business taxes. They are the remnant of an earlier fiscal system, and the brief consideration which they warrant is inserted in this chapter. EXCISE, CAPITATION, AND BUSINESS TAXES 203 levied taxes upon corporations and incomes, and it is more than likely that the emergency use of the inheritance tax during the war will remain a part of the Federal source of revenue. Because of constitutional restrictions, and because of the peculiar adaptability of some kinds of taxes to the use of the different political units, it is not to be expected that the different governmental units will derive their revenue from exactly the same sources. It will be true, however, that the overlapping of the sources of revenue will be more extensive in the future than it has been in the past. The breakdown of such sources of revenue as the capi- tation taxes, and the continual increase in the pressure for additional funds, has led to the inclusion of new sources of revenue. One of the most important of these in the states and minor political divisions, is the use of licenses and business taxes. In this chapter consideration will be given to the excise tax, the capitation tax, and business and license taxes. 113. Excise Duties Are Taxes upon Consumption. Present excise taxes have, to a large extent, replaced what were once called direct taxes upon consumption. By the expression " direct consumption taxes " was meant that the tax was placed upon the consumer of the commodity which was the basis of the tax. The use of this form of tax has existed from the beginning of revenue systems. The exaction of a share of the commodities which were produced somewhat resembled this form of levy. Later the taxes were levied upon particular classes of goods more with the idea of discouraging their use than with the hope of securing revenue. Had revenue been the primary object, the articles chosen would have been in the class of necessities instead of luxuries, as was usually the case. The goods most commonly taxed were plate, furniture, horses, dogs, and servants; later houses were put in tne same category. While levies on houses were regarded as 204 OUTLINES OF PUBLIC FINANCE consumption taxes, they perhaps more nearly corresponded to the modern concept of property tax. In modern times little use is made of this system, yet all are familiar with some close approximations which were used during and after the Great War. The tax which the purchaser was compelled to pay on theater tickets, railroad tickets, automobiles, and on many articles of wearing apparel which retailed for more than a certain amount, are well known examples. A large class of commodities which were regarded as luxuries also were subject to the tax. Modern Excise Taxes. This class of taxes has been re- placed, to a large extent, by the modern excise tax which is levied upon the commodity in some stage of its produc- tion before it reaches the consumer. While the burden may be as heavy, it does not raise so much opposition, since the consumer does not realize that a tax is being paid. From the administrative standpoint, also, the mod- ern excise tax is more desirable. Before the industrial revolution the majority of articles were domestically pro- duced and consumed, and there was but the one place to levy the tax. With the development of the factory system of produc- tion, however, the advantages of using the more indirect method of levying taxes upon commodities forced itself upon the attention of fiscal authorities. It is compara- tively easy, for example, to place a tax upon one million articles at the place where they are produced, while it would be a task of no small proportions to collect it from each of the ultimate consumers. Where the direct con- sumption tax is used, moreover, because of administrative difficulties, it must be limited to a comparatively small list of objects, which usually have been luxuries. The demand for this class of goods is comparatively elastic, and a tax would drive the consumer to use substitutes a feature which destroys the adaptability for fiscal purposes. Shifting and Incidence. The adoption of the excise EXCISE, CAPITATION, AND BUSINESS TAXES 205 method of levy, however, does not destroy the fact that the taxes upon commodities, wherever levied in the proc- ess of production, are usually burdens upon the consumers of the goods. Whether the tax will be shifted to its full amount will depend upon the principles which govern the shifting and incidence of taxes. A review of these princi- ples, which were discussed in the chapter on "The Shifting and Incidence of Taxes, " will be of benefit here. The particular phase of shifting and incidence which is applicable to the present situation is the relative elas- ticity of supply and demand in the case of the taxed good. It may be possible, in the process of readjustment follow- ing the imposition of a tax, that the retail price of the commodity may not be raised by the amount of the tax, or may not be changed at all, if the supply be inelastic and the demand elastic. The current assumption, how- ever, that taxes on commodities will be shifted to the con- sumer, is likely to be largely true. In the final result of the burden there may be little difference whether the tax be laid directly or indirectly in either case the burden of a tax on commodities of consumption will usually rest on the consumer. 114. The Use of Excise Taxes Presents Various Prob- lems. In framing and administering a system of excise taxes, a number of difficulties present themselves. Not least among these is the problem of making the taxes conform to the principles of justice in taxation. The old diffusion theory held that any tax, if left in the fiscal sys- tem long enough, would finally become so diffused and broken up that it would fall with practically an equal burden upon the whole of society. If this were true the only thing necessary to justify excise taxes would be to leave them till their burden became generally diffused. It is largely from this reasoning that the dictum, an old tax is a just tax, arises. A moment's reflection, however, will show the fallacy of the above conjectures. Suppose a tax be placed upon 206 OUTLINES OF PUBLIC FINANCE one particular commodity tobacco, for instance, and on no others. It is difficult to see how, no matter how long the tax remained in force, it would place a burden of any moment on others than those who were connected in some way with the production or consumption of tobacco. To argue that such taxes conform to justice is to affirm that the amount spent is the best measure of taxpaying ability. Yet there is little relationship between what a person spends and his ability to bear burdens. One man may have a large family and it will be necessary for him to spend his entire income to provide them with necessities, without any added tax burden, while another man with the same means may have no family to support. Each may spend the same amount, yet their taxpaying ability be entirely different. Classes of Goods Taxed. The articles upon which the tax shall be levied are an important consideration in connection with excise taxes. In the earlier development of this form of revenue, attempts were made to place the tax upon every class of commodities, so that equality of burden might be secured. It was even considered by many that this form of revenue should replace all other forms. Such a multiplicity of tax bases, especially in modern times, would present such a detail and expense of administra- tion, and be so prejudicial to the peace of mind of indus- try and individuals that even to suggest such a policy is to augur defeat. Since, then, some selection must be made in the number and kind of articles upon which the tax is to be levied, the choice of the items becomes a problem of first importance. The amount of revenue expected to be secured from this source, together with the other taxes which are in use, with their incidence, must be considered. If a large amount of revenue is anticipated the tax must be levied upon a different class of commodities than if only a small amount is to be secured. From the standpoint of justice excise taxes should not EXCISE, CAPITATION, AND BUSINESS TAXES 207 be levied upon articles which would place an undue bur- den upon a class of people that is particularly hard hit by other taxes. It may be considered either that all should have an exemption equal to a minimum of subsistence, or, on the other hand, that every citizen should contribute to the support of the state. The articles upon which an excise tax would be placed would differ according to the principle adhered to. If it be deemed wise to exempt a fixed minimum, then no tax should be placed upon such necessities as salt, sugar, flour, and other articles in the class of necessities; if, on the other hand, it be held that all should contribute some- thing to the state, no surer method of accomplishing this can be devised than by placing a tax upon such articles as those just mentioned. If the idea be to make excise taxes provide a sort of progressive element to the tax system, then the levy will be upon objects which enter primarily into the purchases of the richer classes. If the primary object be to secure revenue, with no consideration as to the justice of the incidence, then the objects chosen for the levy would be the class of goods which are con- sidered as necessities by the large middle class of citizens. In the determination of the rate, where the yield of revenue is the prime consideration, much attention will have to be directed to the elasticity of the demand for the various bases of the tax. The actual results from ex- cise taxes, therefore, because of the many more or less indeterminate factors connected with them, may vary greatly from the anticipations which were in mind at the time of levy. 115. Excise Taxes May Have Industrial and Social Effects. The use of excise taxes, aside from any fiscal considerations, may have intentional or unintentional effects upon industrial and social activities. Obviously, these effects cannot be accurately measured, perhaps in no instance, but this does not destroy the fact that these results exist. 14 208 OUTLINES OF PUBLIC FINANCE May Counteract Protective Tariff. One use which can be made of the tax is to offset the effects which may be caused by other parts of a fiscal system. A good example of this function is the concurrent use of customs duties and excise taxes which sometimes occurs. Take, for ex- ample, the case of a country which wishes to levy an import duty upon a class of goods which is being pro- duced under competitive conditions, both at home and abroad a feature which it is desired to continue. The levy of the import duty would afford protection to the home producer unless some equalizing burden be placed upon his product. The excise tax can be made to fill such a need. Suppose the commodity in question be sugar, which is being produced in each of two countries at about the same degree of advantage. One country levies a tax of two cents a pound upon the product from the other country, which is such a handicap that no sugar is imported, the home producers have a monopoly of the situation, the price of sugar will go up, and the government will get no revenue. An excise tax, however, of two cents a pound on sugar produced at home will place an entirely different aspect on the situation. No advantage will be given to either home or foreign producer because of the tax levies, and the government will get two cents a pound from all sugar consumed. May Affect Progress. Care should be taken in placing excise duties not to interfere with the natural progress of industry. In order to prevent fraud and evasion, govern- ment regulation of the production of taxed commodities may be necessary. This regulation may be of such a nature as to check invention and hinder the adoption of more effective processes of production, and society may suffer more than enough to compensate for the revenue which was gained by the state. The indirect effect of excise taxes upon industry may also vary greatly. If the tax be levied upon articles which EXCISE, CAPITATION, AND BUSINESS TAXES 209 are the basic products for industry in general, the effect will be much more widely felt than if the levy be upon articles which have little connection with industry. The effects of a heavy excise tax upon the production of iron ore, for example, would be felt by nearly all industries, while a tax upon such an article as coffee would have indirect effects of little significance. The taxation of productive materials, such as iron, presents problems which are not found in connection with the taxing of con- sumers' goods. To place an estimate upon the real effects of the duties is very much more difficult because of the many processes of shifting which are likely to occur. The ultimate burden on the consumer is likely to be greater, moreover, because the tax has been advanced very early in the stage of production, and the individual who has made the payment will seek a rise in price great enough to repay him for having waited to collect the tax from the consumer. Sumptuary Taxes. The primary purpose for the levy of excise taxes is often sumptuary. The desire to limit the consumption of commodities which are considered harmful has led to their being taxed, at varying rates, with the expectation that the increased price would lessen the demand. The fiscal aspect is overshadowed in these cases by the expected beneficial effects on the moral and social uplift of the community. The most common exam- ple of this class of excises has been found in connection with intoxicating liquors, tobacco, patent medicines, play- ing cards, and similar articles. The diminution in con- sumption, however, has not always been what was antici- pated, and the anticipated results have often been de- feated by the adulteration of the product, so that a less desirable commodity is disposed of at the former price. The use of the excise tax as a sumptuary measure has not been entirely satisfactory. Care must be taken, in formulating the excise system, to make evasion difficult, or at least not to make it profit- 210 OUTLINES OF PUBLIC FINANCE able. Evasion is likely to arise when the attempt is made to tax luxuries in proportion to their value. The tempta- tion is at once given for undervaluation of the products, which not only defeats the purpose of the tax, but has a demoralizing effect upon the citizen. The less the incen- tive to fraud and evasion, therefore, the more salutary will be the social and moral effects of excise taxes. 116. Different Methods Are Used in Levying Excise Taxes. The original levy of the excise tax may be made in different ways, even though the burden is expected to rest upon the final consumer of the product. These ways may be divided into two general classes: a license fee or tax is imposed upon either the producer or seller of the commodity, or the tax is levied against each unit of the article. These methods may be used singly or in com- bination. In the United States the license taxes are col- lected by means of stamps or licenses which must be con- spicuously displayed in the place of business. The pur- chase of the license is a transaction which is necessary before the conduct of the business becomes legal. Severe penalties are liable to be inflicted in cases of default. All persons who are subject to the tax must register with the internal revenue collector of the district in which he is located, and furnish specific information of various kinds in regard to his business. The tax is a graduated one, and the rates before the Great War ranged from $600 on the manufacturers of oleomargarine to $20 on the retailers of malt liquors. The dealers in tobacco were formerly re- quired to pay a license, but this stipulation was repealed in 1890. Tax upon Units of Goods. The levy of a tax upon the units of goods produced is far more important than the levy upon producers and dealers. This, in fact, consti- tutes the real internal revenue system, while the license taxes are merely auxiliary measures. In the case of the levy upon the commodity the payment of the tax is usu- ally required from the manufacturer, for it is here that EXCISE, CAPITATION, AND BUSINESS TAXES 211 the goods are concentrated, and hence the administrative work is reduced to a minimum. The most common method of collecting this form of tax is from the sale of stamps. These are canceled by the proper official, and wherever possible are affixed to the package containing the goods in such a way that the stamp will be broken upon opening the package. The failure of a package to bear a stamp is evidence that the tax has not been paid, and constitutes a basis for prosecution. Where the stamp cannot be affixed to the article, it is required to be con- spicuously posted hi the place of business. Some fraud has come from the re-use of stamps, but this has been reduced to a minimum. Commodities Taxed. The principal commodities upon which the excise tax has been levied in the United States are distilled and fermented liquors, tobacco, oleomarga- rine, playing cards, and patent medicines. In times of emergency, such as a war, this list has been greatly ex- tended. Cigars and cigarettes are graded both as to weight and value, while the tax on the other commodities ranges according to quantity. In countries other than the United States, excise taxes have been placed upon such articles as sugar, silk, chocolate, and salt. Salt was for- merly extensively used as a basis for taxes, and collection was made in the form of licenses upon producers and dis- tributors, or by the granting or maintenance of a mo- nopoly. The tax was productive, but unjust, because it fell with about the same weight upon all classes of individ- uals, no matter what their ability to meet the burden. The use of salt, consequently, as a basis for taxes, has been generally discarded. The principal bases for the modern excise tax the world over are liquors and tobacco, and the motive behind the levy is frequently sumptuary as well as fiscal. 117. Excise Taxes Will Continue to Form a Part of Fiscal Systems. The adoption of any new plan for rais- ing revenue has usually met with numerous objections, 212 OUTLINES OF PUBLIC FINANCE and the introduction of the excise tax did not escape. Its introduction in England was severely criticized, while, as will be later explained, its early use in the United States met with serious objection. But " an old tax is a good tax " is now applicable to the excise tax in so far as the people have become used to it, and the administrative machineiy has become so perfected as to do away with many of the earlier objections of inquisitorial processes, fraud, and eva- sions. The tax has come to represent a sort of silent flow of revenue to the treasury, with no one feeling any par- ticular burden, and hence raising no complaints. The amount of funds which accrues from the excise tax in the United States, at least, is as large as from any other source, and because of the efficient administrative ma- chinery which has been developed, the expense of collect- ing the returns is comparatively low. With the machinery in existence, this form of tax can be made to respond rather quickly and satisfactorily to increased fiscal needs, either by increasing the duties upon articles already taxed, or by placing additional commodities upon the taxable list. This was illustrated by the wide use, not only of excise taxes, but of the direct consumption taxes during the Great War. It may be difficult to square a tax upon the articles of consumption with the ideals of justice, yet a tax so pro- ductive as the excise tax finds little difficulty in squaring itself with fiscal authorities. Its use has been made easier and more uniform because of the dissemination of large- scale production throughout the principal nations of the world, and the increasing uniformity in the demands of individuals. But even though excise taxes are produc- tive, inexpensive, and meet with comparatively little ob- jection three desirable qualities of a revenue system- yet too much reliance should not be placed upon them or their legitimate place will be destroyed. It must always be kept in mind that consumption does not represent ability. An extensive use of taxes placed EXCISE, CAPITATION, AND BUSINESS TAXES 213 upon necessities, while it would doubtless be productive of much revenue, would be so extremely regressive as to discredit its place in a fiscal program. The future use of the excise, instead of expanding to all articles of consump- tion, as was formerly extensively advocated, will likely be limited to comparatively few goods, and these will be in the class of semiluxuries and luxuries, rather than in the class of necessities. The class of commodities chosen, moreover, will likely consist, to some extent, of those of which a diminution in use, because of the tax, would not be considered undesirable. While, under ordinary con- ditions, no levies will be made upon necessities, yet large returns will continue to be received from the class of semi- luxuries whose use is largely a matter of fixed habit. 118. The United States Has Effective Machinery for Administering Excises. The machinery for handling the collection of the internal revenue for a country as large as the United States must necessarily be extensive. Since the additional duties of assessing and collecting the Federal income and excess profits taxes has been added to the duties of the internal revenue department, a partial re- organization has been found necessary in order to expedite the large amount of business which it is necessary to handle. Central Machinery. The Bureau of Internal Revenue, which has charge of the collection of the excise taxes, as well as the income and excess profits taxes, is one of the divisions of the treasury department, under the direction of the Commissioner of Internal Revenues. The commis- sioner is directly responsible to the Secretary of the Treas- ury. Two advisory boards are provided the legal ad- visory board, and the excess profits advisory board. The latter of these boards, as the title indicates, has to do with the collection of excess profits, while the other, which is composed of lawyers, must advise on the legal situations which arise in connection with assessments and collections. The bureau is composed, at present, of six divisions, 214 OUTLINES OF PUBLIC FINANCE each of which is placed under a deputy commissioner. The first three divisions have to do with the regulations regarding the collection of the taxes, while the fourth has charge of their actual collection. The fifth division has charge over the inspection of returns, while the sixth division is sometimes called the Division of Business Co- operation. It is the function of this division to obtain as much cooperation as possible between the business interests of the country and the government. It has worked with the boards of trade and chambers of com- merce in a campaign of education. This division also looks after the complaints, and invites suggestions for a greater perfection of the administration of the law. Local Machinery. The actual collection of the excise taxes is handled by local internal revenue officers. The United States is divided into sixty-four collection dis- tricts, and each is in charge of an internal revenue col- lector. It is to this officer that the individuals and firms of the district make returns and pay taxes. Returns are always examined, and if any serious errors occur may be sent back to be filled out again. The list of taxes for the month are calculated and sent to the Commissioner of Internal Revenue, who in turn charges the local official with the amount of the tax, and makes him responsible for its collection. The local collector is expected to detect fraudulent returns, or to know that a return should have been filed, but was not, and to take proper steps to make rectifications. Even after the reports are turned in to the department, evidences of fraud or mistakes may be found, in which case an abstract is made and turned over to the field force of investigators in the proper district. These investigators are expected to be thorough and to ascertain the facts. If taxes have been illegally assessed or collected a claim may be presented on an authorized form. The entire burden of proof rests on the claimant, and if his case is established, reimbursement may be secured through the EXCISE, CAPITATION, AND BUSINESS TAXES 215 revenue office of the district. The efficient machinery which has been developed is helping to make the internal revenue sj^stem, with its multitude of added burdens, a successful part of the fiscal program of the United States. 119. The United States Did Not Use Excises Exten- sively Before the Civil War. The constitutional grant to the Federal government of the power to levy internal revenue duties was the cause for much objection. All sorts of evil consequences were pictured, such as the entire confiscation of property and imprisonment of individuals. Officials, consequently, were somewhat slow and cautious in extending the fiscal system to make use of internal taxes, and when it was attempted much opposition arose, both within and without Congress. The failure of the import duties to supply sufficient funds, led Hamilton, the Secretary of the Treasury, to recommend the adoption of an excise tax, especially on whisky. Congress was not anxious to create the new Federal offices which the tax would make necessary, while in some par,ts of the country strenuous objection arose to the use of whisky as the base of the tax. It was consid- ered so much of a necessity as to make the tax in the nature of a poll tax, which, therefore, fell with an unequal burden upon different classes of people. The tax was adopted, however, and imposed a duty of from eleven to thirty cents a gallon on spirits manufactured from foreign materials, and from nine to twenty-five cents a gallon on spirits from domestic materials. The opposition which arose, and which culminated in armed resistance in western Pennsylvania, known as the Whisky Rebellion, is familiar to students of American history. The unproduc- tiveness of this tax led to an extension of excise duties upon carriages, sales of liquor, manufacture of snuff, sugar, and auction sales. Early Tax Repealed. This initial employment of the excise principle as an integral part of the Federal fiscal system was of short duration. The political party which 21(5 OUTLINES OF PUBLIC FINANCE came into power at the beginning of the nineteenth cen- tury believed in simplifying the administrative machinery to the greatest possible extent, and, furthermore, that the use of excise taxes violated the principles of democratic freedom. The chairman of the Committee on Ways and Means of the House of Representatives, under the new political regime, hastened to recommend the abolition of excise taxes on the ground that they increased the number of officers and placed increased burdens on the people. He contended, also, that they were obnoxious, vexatious, and hostile to the genius of a free people, and at the same time were expensive to collect. The opposition contended that if reduction of duties were to be made it should come from the import taxes on such necessities as tea, sugar, and similar commodities, rather than from such a luxury as distilled spirits. A strong argument was further made for the retention of the fiscal administrative machinery which had been estab- lished. These considerations were of no avail, however, and the repeal measure passed in 1802. Emergency Use of Tax. The burden of the War of 1812 came upon the treasury, the returns from imports fell off, and no excise taxes were in existence. Much discussion occurred in Congress over the reestablishment of excises, but no agreement could be reached. In a special session in 1813, Congress levied light duties upon liquors, sugar, carriages, and auctions, as well as some stamp duties. These proved insufficient, and in 1814 the rates were raised and the duties extended to a few other commodities. The administrative machinery was so ineffective, however, that the returns were slow in coming in many of the taxes were not collected until years after they were due. The war was scarcely over when strong agitation arose for the removal of the burden of the excise taxes. They continued to be used to some extent until 1817, after which, except for the payment of some duties which had previously accrued, they ceased to have any place in the EXCISE, CAPITATION, AND BUSINESS TAXES 217 revenue systam of the country until war again called them forth. 120. Some Civil War Excises Have Been Permanently Retained. No attempt was made to secure any adequate revenue from taxes during the first months of the Civil War. It was the policy of the Secretary of the Treasury to rely principally upon borrowed funds to meet the emergency needs. In spite of this policy of Secretary Chase, Congress, in 1862, determined to extend the use of taxes, and an adoption of a system of internal revenue duties was a part of the plan. The problem of getting a workable system was, of course, much more complex than when excises had previously been used during the War of 1812. The territory as well as the population was greatly extended, while industry had become greatly diversified during this lapse of forty-five years. To inaugurate a successful system of excises under these conditions, an extensive administrative machinery was necessary, and this, of course, did not exist. With the hope that little attempt would be made to evade the tax, it was decided to place low duties upon a large number of articles. The list of taxed articles included liquors, to- bacco, manufactured products, carriages, billiard tables, slaughtered animals, means of transportation, and various forms of business organizations. Taxes were also levied upon incomes and legacies. Besides these a large number of licenses were imposed. Tax of 1864. The returns from these levies were disap- pointing less than one half of the anticipated revenue 4vas realized and Congress attempted to remedy the situation by new legislation in 1864. In general outlines, this measure was much the same as the earlier enactment, the principal difference being a general increase in rates and an extension to more commodities. So all-inclusive was the system that it became impossible to tell how many taxes many commodities were expected to pay. Nearly every class of raw material bore a tax, as well as the 218 OUTLINES OF PUBLIC FINANCE finished product, while a tax generally was placed upon transportation and sale. While the burdens inflicted were often inequitable, yet from the fiscal standpoint the re- turns proved satisfactory. That the administrative ma- chinery had had a chance to be developed since the pas- sage of the earlier law, will account in part for the more successful operation of the law of 1864. Development Since the Civil War. A change can be noted in the temper of the citizenship following the Civil War from that which was evidenced after the War of 1812. Less clamor was raised to have the excise taxes removed. The old selfishness of the states was beginning to disap- pear, and they were beginning to view the extension of Federal activities as a lessening of the burden on the treasuries of the states. The expenses of the government continued to be high for a number of years after the close of the war, and never did go back to the pre-war level. It needed little argument, then, to show that the excise tax should remain as a fundamental part of the fiscal system. Changes were gradually made until the tax applied principally to tobacco and distilled and malted liquors. The rates on these have varied somewhat, but usually have been lower than in most countries. During the Spanish- American War the excise taxes were greatly extended, and the existing duties were practically doubled, so that their receipts formed a considerable portion of the total revenue. At the end of the war their use was again curtailed to practically the former basis, where it remained until the Great War. The extensive use made of these taxes during and after the Great War is familiar to all. Because of the large future revenue needs to meet interest and debt charges, as well as the rapidly multiplying government activities, and because of the elimination of liquors as a source of revenue, it is to be expected that the excise tax will be continued on a very much larger number of com- modities than during the pre-war period. 121, Excise Ites Have Important Places in Foreign EXCISE, CAPITATION, AND BUSINESS TAXES 219 Fiscal Systems. It is intended to do no more than simply indicate some of the uses of excise taxes in countries other than the United States. As might be expected, because of their indirect nature they very early held prominent places in fiscal systems. England resorted to their use as early as the seventeenth century and gradually extended the system until it included such articles as salt, glass, leather, liquors, and many other commodities. Marked extension was made of these duties to supply war funds, and after the passing of the emergency they were usually reduced to something like the former level. As the country developed and the fiscal machinery became better organized, the multiplicity of the duties lost popularity, and from the first quarter to the middle of the nineteenth century many commodities which had long been burdened by taxes were relieved. Among these were glass, brick, tile, leather, and soap. The removal of many of these duties had a stimulating effect upon indus- try. The duties, however, have been retained on the various kinds of alcoholic liquors, the brewing and dis- tilling of which are kept under close government super- vision. Licenses are also charged for the sale of these liquors. The results of an excise on tobacco have been accomplished through the restriction of its growth in England, and taxing it through the use of the customs duty. Excise Tax in France. The most extensive use of ex- cise taxes has been found in France. They were developed here much earlier than in England and have always occu- pied a place of more or less importance in French fiscal history. They have been far from satisfactory at times, and have been often in ill repute among the citizens be- cause of bad administration and discriminations. Their importance to the fiscal system has varied at different times, but because of the nature of the government they have been used more extensively than in most countries. This is the situation at present. A larga number of com- 220 OUTLINES OF PUBLIC FINANCE modities are taxed, and various methods are used in mak- ing the levy. A common method is to levy the tax upon goods as they pass from one political division to another. Luxuries and semiluxuries have formed the bases for the most of the taxes. Use in Other Countries. Italy has also made extensive use of excise taxes, but is distinguished from the other countries in that articles of necessary consumption have always been made to contribute heavily. Germany, also, has long used this form of taxes, though its prominence has not been so marked as in some of the other European states. Some of the effects have been offset by the use of bounties, while some articles which were capable of pro- ducing much revenue, such as beer, have been lightly taxed. In practically every country the use of this form of tax occupies a place of some degree of importance. In nearly every case, moreover, this degree of importance has been greatly increased since the advent of the Great War, and it is doubtful whether it will ever recede to its former level. The articles which are most universally used as the bases upon which to levy excise taxes are liquors, tobacco, salt, and sugar. 122. Government Industries May Have the Effect of Excise Taxes. It was pointed out hi an earlier chapter that a state may take over and conduct an industry, and that in doing this it may be impelled by any one of several motivating forces. If the thing which leads the state to enter industry be primarily fiscal or sumptuary, then the effect is much the same as that produced by the use of excise taxes. As long as the motivating force is to give a service at the lowest possible cost, the situation is differ- ent. When Queen Elizabeth granted monopolies to par- ticular industries in return for a payment to the state, while it was not precisely a state industry, yet the effect was much the same as if there had been a levy upon the articles produced. The plan of producing and distributing intoxicating liquors which is used by some of the smaller EXCISE, CAPITATION, AND BUSINESS TAXES 221 European countries, as well as the state dispensary sys- tem, which was formerly used in South Carolina, are examples of the interference of governments in industry for sumptuary purposes. At present, in some of the Euro- pean countries, government monopolies are maintained over particular industries, primarily for the purpose of securing revenues. Monopolies of the salt and match industry are found, but the best example is the tobacco monopoly, which is found in Austria, Italy, and France. The most systematic use of this monopoly is in France, and as an illustration of a government monopoly for revenue, a brief examination will be beneficial. French Tobacco Monopoly. The French tobacco mo- nopoly is by no means a new experiment, but was begun nearly two hundred and fifty years ago, and has had an uninterrupted existence for more than a hundred years. The growth of tobacco is prohibited except in certain districts, and here it is only allowed by persons to whom licenses have been granted. Painstaking government su- pervision and inspection are carried out, primarily to pre- vent any of the crop from passing into other hands than those of the government. The prices allowed for the crop are determined by a board of experts. The manufactur- ing is carried on in government factories, and the selling is done by government officials. As a general thing the price has been much higher for tobacco in France than in most other countries. It has been so high, in fact, as to act to some extent as a sumptuary institution, yet even with this situation enormous revenues are secured. Government Ownership. This is not the place for a dis- cussion of the merits or demerits of government owner- ship and operation of industry. That it can be used suc- cessfully, both for fiscal and sumptuary purposes, cannot be denied. This does not mean, however, that the state can enter all fields of industry to advantage to its citizens. While revenue may be secured, the keenness in develop- ing a perfected plant, and in adopting more effective pro- 222 OUTLINES OF PUBLIC FINANCE ductive processes, may be much less than if the plants were competitively run by individuals. In such cases the patrimony of the state is impaired, and a greater burden is placed upon posterity because their income will not be as great as it might have been. The quality of materials and services is not always of the highest, consequently all these indirect effects must be weighed when a question of the state's entering industry is under consideration. 123. Capitation Taxes Are No Longer Important in Fis- cal Systems. Capitation or poll taxes have never occu- pied a place of importance in Federal revenue systems, yet they have played a role of more or less importance in some of the states and minor political divisions. Their importance is waning, however, and consequently this source of revenue warrants but a brief discussion. In the early history of many countries poll taxes occupied the place of primary importance in fiscal systems. The injustice which comes from a uniform assessment upon individuals was soon felt, and the tax, while still often designated as the poll tax, was graduated according to property, per- sonal rank, or some other such evidence of ability to meet burdens. In many cases the poll tax has gradually de- veloped into other forms of taxes where an attempt is made to levy in accordance with the ability to pay. In a few foreign countries, however, the tax is still assessed at a definite amount per capita. In American States. The most extensive use of the poll tax has been in the American states. At the beginning of the present century its use was still found in about half of these commonwealths. Its retention is most general in the Southern and some of the New England states. Its use was extensive in the Colonies, and frequently the entire amount of revenue was collected from this source. Gradually, however, its importance as a source of revenue was replaced by other taxes, yet the payment of the poll tax was often retained as a prerequisite of certain political privileges, usually the right of suffrage. The fiscal irn- EXCISE, CAPITATION, AND BUSINESS TAXES 223 portance of the tax throughout its history has been small, while frequently great importance has been attached to the other aspects. Objections to Poll Tax. The poll tax is the source of much corruption and little revenue in the states where it is still retained. In many of the Southern states the pay- ment of the poll tax has been made a prerequisite to suf- frage, with the express intention of limiting the number of voters. This purpose often has been worse than frus- trated by unscrupulous politicians, who make a practice of paying the tax in return for the support of the voter. It was the development of this practice which led many of the New England states to give up this qualification for suffrage. In most states and localities where the tax is retained as a fiscal measure, it is unproductive of revenue because no attempt is made to administer it. The amount of the tax is so small that, where it cannot be assessed and collected in connection with property, the administrative expense proves to be a greater item than the amount of the tax itself. It is, therefore, easy to explain the gen- eral reports from the various officials that no attempt has been made to collect the tax, or that the returns from this source have been insignificant. Where the tax is levied by local governmental units it is usually for some specific purpose, such as schools or roads. The old payment of services is still exacted in some quarters in the form of requiring every male citizen between certain ages to execute a given number of days' labor on the highways. The results are usually not satis- factory, and the plan is gradually going into discard, while the highways are kept up by expenditures from the general tax fund. The outstanding objections to the modern use of the poll tax do not justify its retention to anything like the extent it is still found in the American commonwealths. It never has been, and never will be, a form of taxation 221 OUTLINES OF PUBLIC FINANCE which is popular with the citizenship of a country, conse- quently an extensive evasion may be expected. To be a general tax, the amount of the levy must be small, and because of the administrative expense involved, a thor- ough collection cannot be expected. The use of the tax as a political prerogative has been the source of so much corruption as to leave nothing to be said in its favor. From the fiscal, political, and ethical points of view, therefore, the poll tax is doomed, and its retention often can be explained only because of the selfish designs of political parties. 124. Business Taxes Have Been Extensively Developed in France and Prussia. In these days of excessive public expenditure and consequent demands for revenue, fiscal authorities of all political units are anxious to discover untapped sources of funds, and, if such are discovered, to determine the most successful way of making them pro- ductive. Business and license taxes are one of these sources which have been used only to a small extent in the United States, except in certain sections, until com- paratively recent years. Other countries have preceded in the use of these taxes, and have worked out de- tailed systems, some of the successful of which can be noted with profit by American students, since this method of taxation doubtless will be extensively used in the future. Business Taxes in France. The system of business taxes which had been worked out in France before the Great War represents, perhaps, the most thorough and detailed development in fiscal machinery of this na- ture. Only the briefest outline of the plan will be at- tempted here. Certain definite principles are recognized, and these are embodied in the formulation of the sched- ules. It is assumed, in the beginning, that certain forms of industry are more profitable than others; that even in the same class of industry profits vary directly with the population; that the profits of a manufacturer or mer- chant will ordinarily vary directly with the size of the EXCISE, CAPITATION, AND BUSINESS TAXES 225 site which is occupied; and that the kind of residence which the business man occupies is often an indication of his business success. In arriving at the tax assessment, two classes of rates existed the fixed and proportional. To arrive at the former three schedules were used. Schedule A includes merchants and professional classes. The merchants are further classified as to the nature of the business, whether it be wholesale, retail, or a combination. After the de- termination of the kind of business, then it must be placed in one of the nine classes according to population. Sched- ule B includes bankers, department stores, transfer com- panies, etc. The classifications in this group are based upon the population of the town where the business is located and upon the number of persons employed. Industrial establishments are placed in Schedule C. Population is not used as a criterion of classification here, but a fixed rate is levied upon each industry of the same kind, while a variable rate is based upon the amount of profits. In addition to these schedules another tax is assessed, w^hich is based upon the site value of the resi- dence of the individual, together with the value of the site used in his business. Certain classes, such as lawyers, physicians, and others of a similar nature, are subject only to this latter tax. Tax in Prussia. For many years Prussia used a similar method of taxing business organizations, but in 1891 the basis for classification was remodeled. Population of the place in which the business was located was no longer used as a principle in classification, neither were the in- dustries divided into classes because of the nature of the business. The entire classification, under the revised plan, is based upon the capital invested and upon the annual earnings. The earnings are used as the primary basis of classification, with capital as a modifying factor, in divid- ing industries into four classes, and the tax is so graduated as to take about 1 per cent of the earnings. 226 OUTLINES OF PUBLIC FINANCE The French system appears exceedingly complex, but does possess some advantages. The business man or his business is subject to no investigation by fiscal officials, and consequently the tax is not unpopular. The tax, moreover, is not upon actual earnings, but upon what should be earned, ordinarily, under given conditions. The tax penalty is not upon the enterprising entrepreneur of a particular class, but upon the laggard. The necessity of relying upon declarations of the taxpayer is also elimi- nated. Many inequalities doubtless have arisen, yet the advantages somewhat compensate for them. The system has been productive and provided no small part of the pre-war revenues. 125. Business and License Taxes May Be Extended by American Fiscal Authorities. The methods to be used by the different political divisions of the United States in securing increased revenues, has been an important phase of recent fiscal discussion, and no little attention has been given to the possibilities of business and license taxes. It must not be inferred from this, however, that business and license taxes have not previously had a place in our fiscal system. In many of the states they were among the early sources of revenue, and in some of these states have had a continuous existence to the present time. The use of the various kinds of franchise taxes upon corpora- tions is, of course, a tax upon business, which has so in- creased in importance in recent years as to deserve treat- ment in a separate chapter. Present Use of Tax. The most extensive use of this form of revenue has been in the Southern states, where the rates have been gradually increased and extended to cover a wider range of occupations. Nearly all the states have made use of the license payment for the purpose of regulation, as in the case of peddlers, sale of liquor, etc., but often the primary consideration was sumptuary rather than fiscal. Yet in more than one third of the states rates are assessed against occupations and trades, EXCISE, CAPITATION, AND BUSINESS TAXES 227 primarily for the purpose of raising revenue. They are frequently used by the state and county governments, but the most extensive use of the license tax has probably occurred in municipalities. These taxes are sometimes used in connection with the property tax, and sometimes in addition to it. The use of these taxes differs greatly in the various political units where they are found and generalizations are impossible. A few characteristics, however, may be noted. Manufacturing plants are usually exempt from the tax, while mercantile establishments nearly always have been included. In many places licenses are imposed upon the professional classes, but this is not general. Usually no classification or graduation has been attempted. Louisiana has been a notable exception in this respect in that a rather extensive graduation is provided. The scale in most cases is arranged on the basis of sales or gross earnings, while in some cases other factors are considered in hotels the number of rentable rooms, in theaters the number of seats, etc. An interesting basis for graduation which has been used in the Province of Ontario may be noted here. Municipalities may levy a tax upon trades and businesses which is to be some percentage of the assessed value of the real estate occupied by the business. Businesses are classified as to their degree of profitable- ness, and the per cent that is assessed, based on this de- termination, varies greatly. Objections and Advantages. Much opposition has arisen to the extension of the use of business taxes. The objec- tion that such action will repress industry was to be ex- pected, since it is made against every tax. The problem of evasion has been, frequently, a serious one, but this has been because of a lax administration rather than to any fundamental defect in the system. The objection that this form of taxes encroaches upon the use of the property and income tax is not important, since a business is an entity distinct from its property and from the ir^ 228 OUTLINES OF PUBLIC FINANCE comes of its individual owners. The problem of valuing such intangibles as franchises and good will would be no more difficult for this purpose than for any other. Much has been made of the inequalities that would occur, espe- cially among competitors, but this, again, would be due, not to the system itself, but to an improper classification, graduation, or administration. There is, on the other hand, much to be said in favor of the extension of the use of business and license taxes. One of the first considerations is the fiscal one they will pro- duce revenue quickly, at a low cost, and with compara- tively little objection. This has been demonstrated by their use not only in this country, but in other countries. Business, as a unit, possesses a peculiar ability to bear burdens because of the expenditures the various political units have made in its behalf. The Federal government maintains standard weights and measures, a coinage sys- tem, and regulates transportation rates; the states main- tain bureaus of research of various kinds, and the munic- ipalities provide police, fire, and sanitary protection. Since business organizations do have abilities to meet burdens, and since this ability is greatly enhanced by gov- ernmental activities, it is all the more reason why busi- ness organizations of various kinds mercantile, manu- facturing, and others should contribute their just share to the general public treasury. Use in Future. It is probable that a larger percentage of state and local revenues will come from these sources in the future than in the past. In many cities and states the increase in the returns has been marked. The possi- bility for the increase in the number of license charges, as well as an increase in the revenue therefrom is, in many places, unbounded. The licensing of automobiles by the states, while of some regulative value, has proved a profit- able source of revenue and has but suggested future pos- sibilities. The state of Illinois, for example, with a license charge much lower than that found in some states, col- EXCISE, CAPITATION, AND BUSINESS TAXES 229 lected nearly five and a quarter million dollars during the first half of the year 1920. This can also be made a fruit- ful source of revenues for municipalities, and many have begun to avail themselves of it. The licensing of occupa- tions has not been carried to the extent that it might be, either from the regulative or the fiscal point of view. In view of the fact that some remunerative sources of rev- enue have been cut off, and that expenditures are con- stantly increasing, it may be confidently expected that both our states and municipalities, if not the other politi- cal divisions, will make a more extended use of business and license taxes in the future than they have in the past. ADDITIONAL BEADING Frederick C. Howe, The Internal Revenue System of the United States. Proceedings of the National Tax Association, 1917, pp. 10-19, 185-194. H. E. Smith, United States Federal Internal Tax History from 1861 to 1871. CHAPTER XI PROPERTY TAXES 1 126. Taxes on Property Have Developed from Early Times. It has been pointed out that taxes first came into use to meet extraordinary needs for funds. When their use became somewhat general some definite system of levy became essential, and the base at first chosen was property usually land. Records of the tax systems of ancient Greece and Rome have been preserved with suffi- cient accuracy to indicate the early use of land taxes in these countries. With the development of other forms of property attempts were made to extend the tax systems to include them as a part of the base, so that in reality a general property tax was established. There is no indi- cation, however, that much was attempted in the way of assessing intangible forms of wealth when they began to accumulate. The history of tax development has been much the same, through the early stages, at least, in most new countries. Practically all the early English taxes were forms of land taxes. Gradually other forms of wealth were added, until a general property tax was the result. An interesting feature to develop very early in the English system was the use of the annual return from the land as the base of the tax, rather than the actual value of the land. 1 In this and the following chapters which treat different kinds of taxes, no attempt will be made, except occasionally, for illustrative purposes, to go into the specific problems of individual states. Those who want to investigate these details should consult such sources as the reports of the State Tax Commissions and the Proceedings of the National Tax Asso- ciation. PROPERTY TAXES 231 In France, Germany, and Italy, the sequence of events in tax development followed those in England. Land was the first source drawn upon, to which was gradually added the other forms of wealth, until the general property tax was in vogue. Subsequent history shows, however, that as more and more intangible wealth accumulated in the various countries, and as the failure in making fair and equal assessment became apparent, such vigorous opposi- tion developed that the result has been the practical abandonment of the general property tax. Early American Taxes. In the American Colonies the use of a tax on property came very early. Funds became necessary, and the officials knew of no better source than the existing evidences of wealth. In the colony of New York, for example, as early as 1654 Peter Stuyvesant suc- ceeded, as previously noted, in having an " honest and fair tax" placed upon "land, houses or lots, and milch cows or draft oxen." Soon after this, under the English rule, the principle of assessing every person in proportion to his aggregate property became the fundamental rule. The principle of property assessment continued to be the center around which all future revenue measures were formulated. In some of the Colonies the development of the general property tax was gradual. Specific classes of property were designated as the basis for assessment, and frequently the value of the property was regulated by law. Land, horses, cattle, and other forms of property were classified into different grades. Gradually, as the pressure for in- creased revenue became felt, the category of taxable ob- jects was extended, until it included all forms of property. In some of the Colonies also levies were placed upon cer- tain classes of business and professions. The necessity of holding land before being admitted to the full rights of citizenship, as well as the provision in the Federal Constitution which forbids the levy of export and import duties by the several states, helped to tighten 232 OUTLINES OF PUBLIC FINANCE the grip on property as the chief source of revenue. This situation has continued throughout the development of revenue systems in the various states; consequently, as new forms of wealth appeared, it became inevitable that an attempt be made to assess this wealth by an extension of the general property tax. Although some of the states have recently made efforts to place less reliance on its use, the general property tax still holds the place of primary importance in the revenue systems of most states and localities. 127. Democratic Ideals Have Influenced the Tax Sys- tem. It is difficult to describe the minutia of the workings of the general property tax by the use of broad generaliza- tions. Each of the forty-eight states is governed by an individual constitution, and different ideas prevail among the older and newer sections of the country as to the nature and functions of government. One need not be surprised, then, to find wide variations in the application of revenue systems the fundamentals of which are the same. Perhaps the most easily traced are those which arise because the conceptions as to the functions of gov- ernment are not uniform. The most purely democratic form of government on the Continent was developed in the New England colonies, and this spirit of democracy still permeates the New Eng- land states, and those which have been modeled after them. The machinery and working of the general property tax in this district corresponds to what one might expect under such circumstances. The important governmental unit is small, usually designated as the town or township, and varies in size from a small city ward in some of the Eastern states to the regulation township in some of the states farther west. The burden placed upon each asses- sor is so small that his duties can generally be performed in a few days, and do not materially interfere with his ordinary business. He is elected by his associates, usually for one or two years, and would naturally be expected to PROPERTY TAXES 233 have some knowledge of the property which it becomes his duty to assess. There is a wide variation in the amount of centralized control which is exercised over the fiscal machinery in the region where this type prevails. It may be said to exist in some degree in the territory north and east of the Ohio and Mississippi rivers. It would naturally be ex- pected that this centralized control would be less in those districts where the ideals of democracy were most firmly fixed. In the old New England states, therefore, there is comparatively little supervision from any central authori- ties. Rhode Island furnishes the most extreme example of absence of centralization, although the same situation pre- vails to a less extent in other states. In Rhode Island the county does not exist in the sense that it is found in other states. The state provides for the tax by general statute, determines the amount of the state levy, and leaves the administrative details entirely to local authorities. The necessary number of assessors is elected at the regular town meeting, and these assessors have broad and practically final powers in the assessment of property. In some states these ideals of local autonomy have been less fixed, and the amounts collected for the counties and states have assumed a large proportion of the entire tax. Under these conditions there has been a gradual development of central supervision. County and state equalization boards have been instituted; super- vision is exercised over local assessors by county and state officers, and meetings of local assessors are frequently held that they may be instructed in more just and efficient methods of rendering their services. 128. The Southern and Western States Present Cen- tralized Tax Systems. Less importance is attached to the duties of local officials in the parts of the country that failed to develop strong local governments. The planta- tion type of development in the South did not encourage local assemblies for the purpose of determining fiscal, 234 OUTLINES OF PUBLIC FINANCE political, and economic policies. The important adminis- trative governmental unit in the South, consequently, is the county, and because of the size of the unit the tax system is necessarily more centralized than that described above. The property in the county is usually assessed by one or more assessors under the direction of the county court. Obviously the assessors can know little concerning either the persons or property to be assessed. Much more re- liance must be placed upon the declaration of the tax- payer, and less upon the personal judgment of the assessor than in the Northern states. Systems to prevent evasion have been introduced, and penalties have been prescribed against violators of the tax laws. Property frequently escapes the assessors, and it becomes necessary to sup- plement their efforts by those of other officials. In the Western states the plan of centralization is car- ried to greater lengths. The county is not an automaton, but an administrative unit which acts under the direction of the state. Methods, rates, and the different adminis- trative features are usually formulated by state officials, while state equalization boards are maintained to equalize the assessments among the counties. The extent and effectiveness of central control have become an important factor in the success of property tax administration. 129. Some Features of the Early Property Tax Do Not Now Exist. In the course of its development many changes have occurred in the nature of the general prop- erty tax. At its inception it was distinctly a personal tax levied to secure revenue for local purposes. In the modern use of the tax the property itself, rather than the owner, is the fundamental basis of the assessment. The practice of requiring personal declarations continues to be followed in a number of localities, but where these cannot be secured an assessment is made against the property. This method of procedure illustrates the importance which is attached to the property aspect. Assessors are usually PROPERTY TAXES 235 instructed to assess all the property in their district, whether ownership be located there or not. As the func- tions of government grew the services rendered by the locality were supplemented by those of the state and county, and need for a larger revenue appeared in these larger political units. The most feasible process to follow to supply the necessary funds, it seemed, was to use the machinery already in existence, and to add a state and county tax rate to the one for local purposes. Classification of Property. The classification of property has come with the development of the property tax. The attempt has been made to designate two general classes real property and personal property, with the further division of personal property into tangible and intangible property. In general, real property refers to land and that which is attached to it, while personal property designates movables, or those objects which are more closely related to personal use than they are to land. Property does not fall naturally into the above classes, and the inconsistencies and difficulties which are encoun- tered in the various states in the attempts at classification but illustrate the arbitrariness of such a division. A tree in the forest, for example, is real estate, but as soon as it is felled it becomes personal property; gravel in the creek bed is real estate, but as soon as it is thrown out on the bank it becomes personal property. One may find court decisions which have classified property in a purely arbitrary manner. Many legisla- tures also make arbitrary classifications for administra- tive purposes. The state of New York, for example, classes the special franchise value of public utilities as real estate. It is impossible, then, to generalize as to what property belongs in each division, but one must rely upon the more or less arbitrary decisions of legislatures and courts, the lack of uniformity of which, in the different states, is striking. Property and Ability, Changes in economic institu- 236 OUTLINES OF PUBLIC FINANCE tions have resulted in the situation that the possession of property no longer represents ability to meet tax burdens. In a purely agricultural community, in its primitive stage of development, property was an approximate test of ability, for here each individual was concerned with real- izing a return from his land, and the amount of land was a measure of opportunity and ability. As industries and trades developed, however, livelihoods came from other sources than the ownership of property. Some ability to bear tax burdens must be recognized in the receipt of a salary or wage, even though there be no possession of property. The forms of property have also differentiated with economic development, so that all property does not have the same ability to bear burdens. The real criterion of taxpaying ability is the productiveness of the property. In the case of two factories or farms, each of the same value, one may enjoy a profitable year and the other meet with reverses; the one be able to bear tax burdens and the other not. In our modern economic organization prop- erty represents ability to meet burdens only as it is a productive entity. 130. Marked Variations Occur in the Assessment of Real Property. The instructions which most assessors re- ceive require that real estate be assessed at a fair cash value that is, what it would bring at sale with a willing purchaser and willing seller. That some method of uni- form assessment should be used becomes apparent when consideration is given to the fact that the state and county taxes on property are apportioned among the various districts on the basis of the assessed valuation. Results of Apportionment. The total amount to be ob- tained by the state is determined and then apportioned to the local tax district ; a district which had an assessed val- uation of say $100,000 would be asked to contribute twice as much toward the state fund as one where the valuation was $50,000. Counties frequently apportion PROPERTY TAXES 237 their demands among the townships or tax districts in the same way, so that the total rate is a composite sum of the state rate, plus the county rate, and in addition the rate representing the needs of the local district itself. In order, then, that the tax burden of the state and county be equally distributed, it is necessary that some uniform system of valuation be used. Whether it be full valua- tion or a partial valuation would make little difference as long as the same basis was used in all the districts. It is a matter of common knowledge that anything but uniformity exists in making assessments. Lands of prac- tically the same nature in adjoining townships and coun- ties have been assessed at figures in which there is a wide variation, while a comparison of the assessment figures of a whole state frequently shows startling results. In some states the assessed value has ranged all the way from 20 to 100 per cent of the actual value. In adjoining counties the assessment of railroad property has varied more than $20,000 per mile. Such discrepancies in assessment must mean an in- equality in the tax burden levied by the state and county. If the same basis of assessment were followed within a district, and none of the taxes collected went out of the district, it would make no difference in the burden whether the property were assessed at 100 per cent or 20 per cent of actual value. Suppose two farms in this district, one worth $100,000, the other worth $50,000, and that the assessment has been at full value. The officials of the district decide that it is necessary to assess $1,500 against this property. This will mean a ten mill tax (tax rates are expressed as the number of mills taken from each dol- lar valuation), and the burden upon the farms will be $1,000 and $500, respectively. Let us suppose, however, that the property had been assessed at 50 per cent of the actual value, or $50,000 and $25,000. The basis upon which taxes are to be levied is thereby reduced, and to get the required revenue the rate must be raised. To secure 238 OUTLINES OF PUBLIC FINANCE the $1,500 the officials must levy a twenty mill tax, which imposes exactly the same burden as in the previous assess- ment at full value. Suppose, now, that under certain property valuations, the state levies a five mill tax, the county a ten mill tax, and each local district a five mill tax. The actual prop- erty values in the districts, let us assume, are practically equal, but the assessor in one district values it at 100 per cent; in another at 50 per cent, and in still another at 20 per cent. The inequality which arises from collecting a twenty mill tax, the total of the three rates, at once becomes apparent. The property assessed at full value is paying twice as much to the state and county as that assessed at 50 per cent and five times as much as that assessed at 20 per cent. The Local Assessor. It is too much to expect that assessors for a whole state, or even for a county, will have the same ability in appraising property, or would use the same basis of calculating values, even though their abili- ties were approximately equal. The qualifications of as- sessors, moreover, frequently leave much to be desired. The remuneration is so small that men of ability do not care for the task, and it is left to be performed by men of little ambition and second-rate qualifications. The fact that a goodly portion of the revenue collected in most districts is turned over to the state and county, makes it desirous to the property owners that their as- sessments be kept low. It is one of the expectations of a satisfactory assessor that he keep values down. In order to receive the votes of his constituency for a continuance in office, therefore, he too frequently, from the standpoint of justice, attempts to do what is expected of him. The assessor must frequently make returns under oath that he has made the valuation to the best of his ability. In one of the states where the discrepancy between the actual value and the assessed value is most flagrant, the assessors subscribe to an oath in which they declare that PROPERTY TAXES 239 the assessment has been made at the full value of the property. In the same state a statute provides that an assessor who falsely subscribes to an oath shall be liable to the penalties of perjury, which are both fine and im- prisonment. As yet it seems they are still liable for the punishment, but have not received it. 131. Much Personal Property Is Not Assessed. The in- equalities in real estate assessments fade into insignificance when the results of the attempts to reach personal prop- erty values are brought in review. If assessors have been unable to give a semblance of equality in the assessment of real estate, how much less could satisfactory assess- ments of the multitudinous forms of personal property be expected. When one considers the task which devolves upon the assessor when he is instructed to get the value of all property, there is little wonder that results are so uncomplimentary. The early assessor, in valuing personal property, had but to consider live stock, agricultural implements, and other objects which were easily discernible, and the value of which was well known. To the modern assessor, how- ever, the assessment of tangible objects of personalty presents a problem which is more complex. Public utili- ties, factories, wholesale establishments, retail stores of various kinds, and the many other institutions whose business is of a complex nature, may be in his district. In a number of states the assessor is required to secure the full and true value of all the property as it is on the first day of April, or " assessment day," as it is sometimes called. Consider the magnitude and impossibility of the task. He must locate and appraise the value of the rolling stock and equipment of the public utilities; he must evaluate the machinery in the factory, the raw materials and finished products on hand; he must assess the stock of goods contained in the wholesale establishments, as well as those in department and simple retail stores. To concede even the possibility of anything like satisfactory 340 OUTLINES OF PUBLIC FINANCE results presupposes a degree of intelligence and ability not likely to be found in the ordinary assessor. Indeed, few would claim to possess sufficient qualifications to fit them for such a task. Intangible Property. To the burden of assessing the various forms of tangible property is added the task of securing the value of intangibles, and here the property tax system becomes confusion worse confounded. A re- flection on the nature of much of the intangible property immediately leads one to sense the difficulty. One writer partially describes it as follows: Thus a large part in fact, the larger part of what is to-day termed personal property, in every civilized state, is of the most intangible character, and in a great part invisible and incorporeal; such, for ex- ample, as negotiable instruments in the form of bills of exchange, state, municipal, and corporate bonds, and the multiplied forms of evidence of indebtedness, certificates of stocks, copyrights, patents, legal-tender notes, etc., all of which, if entitled to the name of property, is, through a great variety of circumstances, constantly exposed to fluc- tuations in value, frightful in amount, and incalculable in their sudden- ness, and under the influence of which wealth vanishes as if by the wave of a magician's wand. It is offset or measured by indebtedness which may never be the same one hour with another, is easy to transfer, and as essential to using, is, in fact, continually transferred from one locality to another, and from the jurisdiction of one state to the jurisdiction and laws of another and different state; is here to-day, gone to-mor- row; is burned, sunk at sea, lost in mines, patents, railways, factories, trading associations, and in a thousand other different ways. It has been recently said that five men who do business in Boston can to- gether control or dispose of an amount of property which equals one- fifteenth of the entire assessed valuation of that city; and that they could, if they pleased, carry round the evidence of the existence of that property in their coat pockets, or, according to popular theory, the property itself. 1 This description vividly portrays the nature of what the assessor is expected to value, and it is little wonder that he takes the path of least resistance, places on the assess- ment roll the property which is easily found, and allows 1 D. A. Wells, The Theory and Practice of Taxation, p. 401. PROPERTY TAXES 241 the rest to escape. When we consider, moreover, that the laws designate all such evidences of wealth as stocks and bonds to be assessable property, it becomes evident that, in most districts, the assessed value of personalty should far exceed that of real estate. Yet it is a notorious fact that nowhere does the value placed upon personal property even approximate that placed upon real estate. In some states where there has been a large increase in the real estate valuations, the assessed valuation of personal prop- erty has actually decreased. It is a very common situa- tion for personal property to bear less than 20 per cent of the tax burden, and it frequently falls as low as 3 to 5 per cent. Statistics of Valuation. A few figures from the census reports, chosen almost at random, will serve to visualize the relative positions of these two classes of property, as far as the assessors' books are concerned. The following figures show the assessed value of real estate at different times, as compared with the total assessment of property for five states in various parts of the Union. The first set of figures represents the total assessment, while those just beneath are real estate values. The relation between the two can be calculated easily from this. ASSESSED VALUATION OF ALL PKOPERTY COMPARED WITH THE ASSESSED VALUATION OF REAL ESTATE (000 omitted) I860 1880 1902 1912 1918 Ohio New York . . Kansas Texas $ 957,807 687,518 1,390,465 1,069,658 22,518 16,089 267,792 $1,534,361 1,093,678 2,651,940 2,329,282 160,892 108,432 320,365 $1,990,885 1,396,180 5,969,913 5,297,764 363,163 242,071 1,017,572 $6,481,059 4,335,666 11,131,779 10,684,290 2,746,900 1,798,339 2,532,710 $8,542,734 5,277,180 12,091,438 11,605,615 3,075,275 1,920,070 2,888,365 California. . . 102,476 139,655 66,907 205,509 584,578 466,274 652,603 1,290,239 974,493 1,650,198 2,921,277 2,163,020 2,011,109 Not given 242 OUTLINES OF PUBLIC FINANCE A glance at these figures will reveal the large proportion of the tax burden which is borne by real estate. It becomes still more evident when figures for some of the larger cities are compared. Figures are shown in the following table for four cities for different dates. The first number in the column shows the assessed value of real estate; the one just beneath it that of personal property. ASSESSED VALUATION OF REAL ESTATE AND PERSONAL PROPERTY (000 omitted) Date New York Chicago Washington San Francisco 1905. $5,221,584 $295,514 $239 461 $398 983 1907 609,562 6 240 480 112,447 346 844 18,806 255 325 2,270 349 511 1912. 554,861 7,861,899 131,078 670,652 22,403 330,322 105,196 447 777 1916 1918. . . 342,963 8,108,761 352,052 8,254,549 227,067 749,887 245,438 753,322 29,610 394,209 35,042 410,173 62,562 476,825 61,879 482 618 419,156 263,402 340,0671 72,132 1 The explanation of this remarkable increase in the assessment of personal property given by the Bureau of the Census is as follows: . "Prior to 1918 the only personal property subject to taxation in the District of Columbia was tangible personal property, but in 1918 the law was changed requiring that intangible personal property be assessed for taxation." The large assessment of personal property for 1918 is an interesting exception to the general rule. No comment is needed to show that a wholesale evasion of personal property assessment exists. Figures for other cities are just as startling. The conclusions follow that personal property cannot be reached by the assessors, or at least is not reached, and that this class of property bears tax burdens inversely proportionate to the amount. 132. Difficulties Arise in Exempting Property from Tax- ation. The caption, " general property tax," is somewhat misleading, for specific kinds of property are generally relieved from the application of the law. In some of the earlier states one of the privileges which attended citizen- ship was the freedom from paying taxes. Exemption from taxes to some extent is still practiced by most gov- ernments. Difficulty in administering the tax laws has PROPERTY TAXES 243 been responsible for some exemptions, while others are granted in an attempt to make the tax system more just. Agitation for Exemption. The inability to administer the tax laws in a satisfactory manner has led to much agitation for the extension of exemption provisions. Thus several states, because mortgages were not being assessed, have exempted them from the property tax. Many au- thorities urge the exemption of all intangible personal property from taxation, and would reach the ability thus represented in other ways. Some, who feel that taxpayers should know the burden of the taxes they pay, see injus- tices in indirect tax systems, and would have these abol- ished. A few would even go so far as to exempt all bases for taxes except land values. The question of exemption takes on a somewhat different form, according to the nature and advancement of a country, yet it forms an important feature of all tax systems. Kinds of Exemptions. One of the most common of the exemptions from property taxes has been a minimum amount of property. This has been for two reasons : first, because there has been the desire to recognize, as it were, a minimum of subsistence; and second, the administra- tive duties in finding and assessing small amounts of property proved entirely too burdensome for the returns in revenue. Consequently a few hundred dollars are usually exempt from taxes. Frequently, also, particular classes of property, such as mechanics' tools, are placed in the exempt class. Exemptions are sometimes granted to industries during the developmental stage, or as an incentive to get them to locate in particular localities. Much variation, however, can be found hi the practice of the various political units. Other kinds of property which are free from taxes are imported goods in the original package, and goods in the process of transportation. Most states exempt the de- posits in savings banks. Public property of the various political units, such as buildings and parks, likewise enjoys 244 OUTLINES OF PUBLIC FINANCE freedom from the burden of taxes. Public welfare insti- tutions receive similar treatment. Under these come such institutions as churches, hospitals, cemeteries, horticul- tural societies, and the various charitable institutions, such as county farms, almshouses, and homes for orphans and the aged. Property used for educational and develop- mental purposes is treated in like fashion. Not only does this include public institutions, but it generally extends to endowed colleges, libraries, and various kinds of scien- tific and literary organizations. It seems no more than just to make the burdens upon public uplift institutions as light as possible. In many cases, where the institutions are owned by the state, taxa- tion would simply mean the transferring of the amount of the tax from one pocket to the other. The exemption of such property when owned by individuals has not always been accepted in good faith, but, on the other hand, has frequently been abused. Property holdings far in excess of the need for carrying on their operations have been accumulated by some of these institutions. Tax exemption has been claimed, although the returns from the property are much more of an individual than public nature. This condition has led to considerable agitation, in some localities, for the removal of the tax exemption privilege upon this class of property. Governmental Activities. A common source of tax ex- emption is found in the securities issued by different political units Federal, state, and local. It has been the practice of the Federal government to exempt its securi- ties from most taxes, and it has been held, in the famous McCullough vs. Maryland case, that the states cannot even indirectly tax the instruments of the Federal gov- ernment. It has also been the common practice and belief that the Federal government cannot tax the instru- ments that the states use in their functions. These two views create a large class of tax exemptions that has become particularly significant since the intro- PROPERTY TAXES 245 duction of the income tax. The freedom of the income of Federal, state, and municipal bonds from the income tax, while the income from the bonds of commercial enterprises is taxed, sometimes places a hardship and disadvantage upon the latter class of securities. Inequality likewise is placed upon different classes of citizens. There is little reason, for example, why a salary of $5,000 received by an employee of a corporation should be taxed, while the $5,000 paid to an employee of a state should not be taxed. 133. Evils of Double Taxation Arise with the Use of Personal Property Taxes. The expression " double taxa- tion " appears almost self-explanatory, yet it may have a number of applications. In general, it refers to the levy and collection of two taxes, the burden of which falls upon / the same base. Such an occurrence immediately appears to be unjust. This, however, is not necessarily true. If a tax were levied upon all property, for example, and then a tax were levied upon the income from this property, it might be called a case of double taxation. It would be unjust, however, only if some classes of the property owners were subject to the income tax while others were not. Under such conditions the income tax would be a discriminating tax. When two taxes are levied alike upon all classes, the result is the same as if a higher property or a higher income tax had been used. The use of the ex- pression " double taxation," however, usually implies an injustice, so that it might be well to use another ex- pression, say "dual taxation," to apply to the levy of two taxes upon the same base when no injustice is perpetrated. Many cases of double taxation and even multiple taxa- tion arise, however, which are clearly unjust because of the unequal burden which they impose upon different classes of property. Cases of this nature arise within a particular taxing jurisdiction, and to a magnified degree where competing jurisdictions are concerned. Double taxation arises in the first case from the attempt to tax 246 OUTLINES OF PUBLIC FINANCE land and factories and from the attempt at the same time to tax evidences of claims upon this property. The same situation arises between competing jurisdictions because of the individual code of tax laws which each jurisdic- tion has adopted, with little regard for inter jurisdiction comity.^ The states, in particular, have been anxious to extend their jurisdiction over as much taxable property as possible. This ambition has often been so keen that the legislatures, and even the courts, have frequently lost sight of what would ordinarily be called fair play. The result is that tax systems exist that will not stand the requirements of justice under the present industrial organization. Place of Levy. Much litigation has arisen over the proper situs or location of property for purposes of assess- ment, and many unsatisfactory decisions have been ren- dered. When securities are assessed by the officials of one jurisdiction, and the property in which these securities represent but an interest is assessed in another jurisdic- tion, a part of the tax is clearly an unjust burden. A share of stock of a corporation chartered in New Jersey, and owned by a citizen of Pennsylvania, who is tempo- rarily living in Maryland, should obviously not be taxed in the three different states; yet such attempts have been made, and marked injustice often arises. Modern indus- try is so expansive that a single business unit may be represented in a number of tax districts, which creates the possibility of a multiplication of taxes. Many factors have been used by the different states in determining the proper principle upon which to make the tax levy. Some use citizenship as the proper criterion upon which to make the levy, while others use domicile, situs of property, situs of securities, or other factors, until it is possible to have taxes levied by as many as a half dozen states upon the same taxable base. ^ If every juris- diction should decide upon the same principle, then there woul4 be little need to raise the question of double taxa,- PROPERTY TAXES 247 tion. The disinclination to do this, however, makes the problem a serious one. The principle of citizenship is one that is frequently fol- lowed in determining where taxes should be paid. The United States, for example, levies an income tax upon its citizens no matter where they are located. Citizenship, no doubt, was at one time the important consideration, and still has some claim in a state's right to levy taxes. Under the organization of industry as it is at present, however, other factors must be given consideration. A man, for example, may be a citizen of one taxing district, may be a permanent resident of another, may for the time being be living in still another, and have all his property in the form of a corporate business located in a fourth district, the charter of which was taken out in still another district. Each of the districts has some claim to tax the individual, while evidently there is but one prop- erty upon which the burden of the tax can fall. It may be true that taxes should be paid in more than one district in fact, it seems reasonable that an individ- ual should pay taxes at least in the district where his , property is located and where he has his permanent resi- dence. Yet it does not follow that each of these districts ' should levy the tax as if its tax were the only one to be levied. It has been suggested that the owner of property should be taxed where his real economic interest is found. The suggestion is good, but to carry it out it would be necessary to secure the proper apportionment of the tax burden among the districts where the interests of the indvidual lie, and to get each district to respect the rights of the other taxing units. Until this is accomplished a large amount of injustice may be expected in the taxes levied by competing jurisdictions. Bases for tax levies are sometimes arbitrarily made. A good example of this situation is the taxation of the shares of stock of national banks. These shares must be assessed to the owner at his place of residence, but for purposes of 248 OUTLINES OF PUBLIC FINANCE taxation his residence shall be considered in the district where the bank is located. A man living in California, who owns shares of stock in a national bank in New York, would be assessed and taxed on the shares as if he lived in New York. 134. The Proper Handling of Indebtedness Is Difficult. Much difficulty has arisen in handling indebtedness. Where indebtedness exists it is obviously unjust to tax both the debtor on his indebtedness and the creditor on the evidence of this indebtedness. On the face of the proposition it is what an individual has, and not what he owes, that gives ability to meet tax burdens. When evi- dences of indebtedness are taxed the same property may be made the basis of many taxes. Suppose, for example, a man buys a house and gives a five-year promissory note in payment; in a few days he sells the house and likewise accepts a note; this purchaser in turn sells and accepts a note. There now exist three notes and a house which the assessor is expected to assess separately to four dif- ferent individuals. It is the general consensus of opinion that indebtedness does not create ability to bear tax burdens, but in fact lessens such ability. Many authori- ties, consequently, have declared themselves in favor of allowing the deduction of debts from property assessments. When debt deduction is permitted, however, the way is at once open to so much fraud and deception as practi- cally to defeat the tax. Fictitious debts are frequently created to such an extent that, when offset against the property, there is nothing left to tax. It is comparatively easy for two neighbors, just before assessment day, to lend to each other, without giving notes, a sum sufficient to offset any property valuations which might exist. It opens a particularly easy way for corporations to escape assessment on capital stock. Bonds, of course, are items of indebtedness, and under the plan of debt deduction should be subtracted from the value of the capital stock. Corporations, therefore, simply need to issue bonds to PROPERTY TAXES 249 the amount of the capital stock, and when indebtedness is deducted there is nothing left to tax. Evils of compara- tive magnitude exist, therefore, whether or not debt ex- emption is permitted, and there seems to be no way to escape the difficulties. Some states have attempted to solve the problem by allowing debt deductions from per- sonal property, but not from real estate, with results that have been entirely unsatisfactory. Such a practice fre- quently causes a very arbitrary classification of property. In the state of New York, for example, where debt deduc- tions are permitted from personal property but not from real estate, special franchise values are classed as real estate to prevent the deduction of indebtedness which might exist. Taxation of Mortgages. Mortgages on real estate form one class of indebtedness that has caused much concern to fiscal officials and authorities. Obviously, to assess a piece of land at full value, and then assess the mortgage that is against it, is a case of unwarranted double taxation. If every piece of property were mortgaged in the same proportion, and all property and all mortgages taxed, then no injustice would be perpetrated because the same burden would be placed upon all property. Where only a part of the property is mortgaged, however, and both the mortgage and the property are taxed, it is an unjust burden upon the mortgaged property. The mere issue of a claim to one half the value of a $50,000 farm does not increase the taxpaying ability of the farm. If the farm is taxed to its full value, and in addition the mortgage is taxed, it means that the tax burden is 50 per cent greater than that upon unencumbered land. It is generally be- lieved, moreover, that a tax on mortgages is shifted to the borrower through an increase in the interest rate, so that in reality the mortgagor is paying the tax both upon the property and upon the mortgage he has given. The situation with corporate property and the shares of stock which represent that property, is much the same 250 OUTLINES OF PUBLIC FINANCE as that of property and mortgages. The capital stock does not represent taxpaying ability apart from the prop- erty of the corporation. If the property of individuals is taxed but once, it is apparently unjust to levy two taxes, both of which must be borne by the property of the cor- poration. Credit Instruments. Examples of difficulties and in- equalities which have arisen from attempts to tax credit instruments might be multiplied indefinitely, and in the end the conclusion that something is fundamentally wrong with such a system would only be more strongly verified. The taxing of credit instruments emphasizes the personal rather than the property element of assessment. At the base, however, property is the fundamental criterion, the factor that creates the ability to pay, and under no sys- tem of logic can credit instruments be justly put into this class. Notes and bonds are simply evidences of contracts under which the holder has transferred property for which he expects to receive a future remuneration. The issuing of $25,000,000,000 in United States bonds did not automatically, increase the taxpaying ability of the purchasers of the bonds by that amount. Neither will the payment of the bonds and their subsequent de- struction destroy any wealth or taxpaying ability. Credit instruments merely represent rights to a share in property, and their creation or destruction does not change the amount of the property. While there is much to be said against the assessment of credit instruments because of the administrative difficulties that arise, the nature of the instruments, moreover, indicates that there is no logical basis for attempting to assess them. 135. The Personal Property Tax Discriminates Among Classes. Many state constitutions assert that all prop- erty must be assessed at a uniform rate, yet such a con- spicuous violation of this principle occurs nowhere to the extent that it does in the working of the personal property tax. That wholesale evasion occurs is generally known, PROPERTY TAXES 251 but the perversity of the situation arises in that the eva- sion does not apply equally to all classes of taxpayers. In the agricultural districts personal property to a large extent takes a tangible and visible form live stock and other similar forms of property upon which assessments are comparatively easy to make. These items cannot be hid as can the stocks, bonds, and mortgages which com- prise the bulk of the personal property of the urban resi- dent. Since little intangible personalty ever reaches the assessment roll, the heavier burden falls upon the class with the larger proportion of tangibles, which, it is evident, is the agricultural class. It follows from the foregoing that an undue burden is placed upon those whose intangible personal property does find its way to the assessment roll, whatever the cause. Estates consisting of various forms of intangibles are frequently placed in the hands of trustees to be used for the benefit of widows and orphans. It is not difficult for the assessor to place these upon his assessment roll. Occasionally people will be so scrupulously honest that the value of all household goods, jewelry, bonds, stocks, and money in the bank will be returned to the assessor. It is upon these classes, then, that practically the entire burden of the taxes upon intangible personal property rests. They are usually the individuals, moreover, who are less able to bear tax burdens. General Property Tax Regressive. It will easily be seen from the foregoing features of the general property tax that it is strongly regressive in the manner in which it works out. A small amount of property takes the form of visible personalty or realty, which is comparatively easily assessed. As more property accumulates it begins to take on the intangible nature which escapes taxation. Not only this, but more effort is usually exerted by assessors to obtain a full valuation of a small estate than in the case of a large one. A house and lot worth $5,000, for example, is much more likely to be assessed at that figure 252 OUTLINES OF PUBLIC FINANCE than is one worth $50,000 to be assessed at its full value. The tax rate on property, then, actually varies inversely with the amount of the property a situation which con- demns the system from the standpoint of justice. 136. The Personal Property Tax Degrades the Morals of Citizens. The personal property tax has been charac- terized as one which falls upon the ignorant and the honest. Since such a small amount of the tax is assessed, the statement implies that a large majority of the tax- payers are dishonest. That the system is one well de- signed to lower the integrity of the citizenship to the level of the most unscrupulous cannot be denied. The classes of property which are usually exempt from assessment have already been noted, and it is often an easy matter to convert otherwise taxable property into one of these forms until after assessment day. The temptation to do so is at least presented. The widespread dishonesty occurs in the failure to re- turn to the assessor the full amount of taxable property. There is no possible way by which an assessor can reach certain classes of intangible property, and reliance must be placed upon the integrity of the owner to return it. That very few make such returns, even though oaths are often taken to that effect, is a matter of common knowl- edge. Most of these individuals are considered exemplary citizens, and would be highly incensed if they were con- fronted with the charge of dishonesty and perjury. The present situation has come to exist largely as a weapon of self-defense. Every enlightened citizen recog- nizes the services of the state and is perfectly willing to bear his share of the burden. His objection arises, how- ever, when he is asked to bear the burden which properly belongs elsewhere. Some dishonest individual in a com- munity fails to return his property, and his neighbors know it. This not only means that he is going to escape the tax, but that it will be placed on the other citizens by a higher rate on the consequently smaller valuation. One PROPERTY TAXES 253 does not have to look long at a list of assessments, which some districts require to be published, to see how pitifully small are the property returns of some of the wealthiest citizens. Imagine the feelings of a young college instructor with nothing but ordinary furniture and one salary check in the bank, when he finds his personal property assessment higher than that of one of the leading bankers of his community, one of whose automobiles represents more value than the whole of the instructor's property. By the time the next assessment is made his conscience will doubtless have become so warped that his furniture will have depreciated in value, and the assessor will find out nothing about the salary check, even though the return be made under oath. The conscience of most people rebels at the thought of committing murder, yet nearly everyone will shoot, if he has a chance, as a measure of self-defense. So it is in the case of property valuations men whose honesty is above reproach, and who would shudder at the thought of falsi- fying under oath, repeatedly swear to false tax returns with scarcely a prick of the conscience. So it is those who are ignorant of the actual burdens, or who have too great a degree of integrity to act even in self-defense, who really bear the brunt of taxes upon intangible personal property. Tax officials have long sensed the situation and have decried it in no uncertain terms. One can pick up reports of boards of assessors and boards of tax commissioners for the last fifty years, almost at random, and find the personal property tax denounced in scathing terms. Such expressions as the following may be easily found. "The system debauches the moral sense." "It is a school of perjury." "The tax falls upon the man who is scrupu- lously honest; upon the guardian, executor, and trustee, whose accounts are matters of public record." ''The sys- tem has demoralizing and corrupting influences." "The 254 OUTLINES OF PUBLIC FINANCE system is debauching to the conscience and subversive of the public morals a school for perjury, promoted by law." Pages might be given to citing opinions of various officials, but the inevitable conclusion would be the same that the system has been a dismal failure. 137. The General Property Tax Is Intrenched in the United States. When all these glaring defects of a system are presented, one immediately inquires, "Why is it toler- ated?" A number of explanations might be given. The country has been new and prosperous, and the revenue demands have not been an excessive burden on the social income of the country. The increase in land values has been more than rapid enough to offset tax burdens. It has been difficult, moreover, to get concerted action among a number of more or less competing commonwealths. One state does not desire to tax land and capital at full value, because it wants to attract industry to the state, nor do its officials want to drive capital from its borders to other states whose tax inducements are more favorable. Hence state legislators have not always been overzealous to increase assessments to the requirements of law. Some of the devices which have been used to make the system more effective have also helped to intrench it more firmly in the minds of the individuals. The system of valuing property for taxation at only 50 or 60 per cent of actual value is an example. The psychological effect is that the property owner feels that he is getting off lucky by not having to pay taxes on the entire amount. Then, too, he generally conceals some personal property, and he feels he is somewhat ahead, forgetting for the moment that others are doing the same thing. Many attempts at classification of property have been voted down, no doubt, because the voters in general have feared that the capitalists were back of the measure, or that the single taxers were attempting to introduce taxes on land. Modern fiscal literature in the United States abounds with discussions of the general property tax, and it PROPERTY TAXES 255 strange to the American student to find nothing concern- ing it in the literature of other countries. It forms such an important part of our revenue that he has taken it for granted that it is a universal phenomenon. Such, how- ever, is not the case, but it would have been much more nearly the condition two centuries ago. Other countries have tried the method, carried it through its various stages of development, just as we are doing, and have found it wanting. They have long since discarded it as a part of their real tax system, and it is now only a part of their fiscal history. In England, Italy, Scotland, France, Germany, and other countries, the evolution has been the same. First, taxes were placed upon land, then upon other commodi- ties as they began to appear; this was followed by whole- sale evasions and inqualities, with the consequent over- throw of this form of tax as an important part of the fiscal system. The general property tax still plays a minor role in a few countries, but nowhere is it used as in the United States. It may be that some time in the future we will profit by their example, but at present European writers refer to our fiscal system as an antiquated one. ADDITIONAL READING Seligman, Essays in Taxation , chap. ii. Proceedings of the National Tax Association, 1910, pp. 219-313; 1911, pp. 333-421; 1919, pp. 477-496. Reports of State Tax Commissions. CHAPTER XII PROPERTY TAX REFORM 138. Constitutional Provisions Present Difficulties. Many changes and suggestions have been made to at- tempt to remedy some of the evils that were pointed out in the preceding chapter. One of the first things to be remembered by those who are interested in making changes in fiscal systems, is that they cannot use a free hand in the matter. In every case the provisions of the Federal Constitution as well as the provisions of the state constitutions, with their court interpretations, must be considered. The government of the United States is one of delegated powers, while the powers of the state govern- ments are residual. That is, the Federal Constitution specifically enumerates and prescribes the activities hi which the Federal government may engage, while the states are free to enter any fields of endeavor from which they are not prohibited. The latitude of the states in tax matters is easily seen to be much broader than that of the Federal government. The fiscal provisions of the Constitution have already been enumerated Congress shall have power to lay and collect taxes, duties, imposts, and excises; no direct tax shall be laid except in proportion to the population; no tax shall be laid upon exports; bills for raising revenue shall originate in the House. These, with the Sixteenth Amendment, which gives the power to levy an income tax, constitute the taxing powers of the Federal govern- ment. Court Decisions. The court interpretations, however, PROPERTY TAX REFORM 257 must not be overlooked. Taxes upon corporation incomes and inheritances, for example, have been held as not direct, and consequently do not need to be apportioned in accordance with population. An income tax at the time of the Civil War was considered constitutional, while the one of 1894 was held to exceed the powers of Congress. It has been held, moreover, that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any other manner control the operation of the constitu- tional laws enacted by Congress. Consequently taxes upon operations which will hinder the activities of the Federal government have been held void. State laws which imposed taxes upon United States bonds, for ex- ample, have been declared unconstitutional, as interfering with the prerogatives of the Federal government. Like- wise it has been held that the Federal government has no power to tax the instrumentalities or property of the states. The Fourteenth Amendment. The Fourteenth Amend- ment to the Constitution has also developed an important bearing upon taxation. The clause, "nor shall any state deprive any person of life, liberty, or property without due process of law," is frequently invoked in tax matters. The importance of this lies in the interpretation the courts place upon the phrase, "due process of law." This has frequently been invoked to prevent or annul the arbitrary assessment and collection of taxes, and to require that all taxes be levied through the general process of legislation. Limitations by States. State legislatures, because of the residual nature of their powers, are not limited in the field of their activities except as restrictions are placed upon them by the Federal or state constitutions. The limita- tions found in the state constitutions, however, have not only been rather widespread, but have frequently been barriers to securing needed tax reforms. Most of the con- stitutions were formed when the entire reliance for rev- enue was placed upon property, while the property was 258 OUTLINES OF PUBLIC FINANCE largely of tangible nature. The idea prevailed that this property represented the best basis for taxpaying ability, and that it should all be taxed equally. Uniform Tax Clause. Because of the importance at- tached to property, the " uniform tax clause/' as it is generally known, found its way into many state constitu- tions. It generally takes a form somewhat as follows: all properly shall be assessed at its full value and at rates that are just and uniform. With the development of various classes of property, especially a large class of intangible property, the uselessness of attempting to assess all forms at a full value, and consequently tax them at a uniform rate, becomes apparent. Some states have been able to remove the restriction, but in many it still remains be- cause of the fear of the citizens that if classification of property were allowed some classes of property, whose owners possess political influence, would escape taxes. Mere indifference has also had an influence in many cases. 139. Attempts Have Been Made to Correct Inequalities of Real Estate Assessments. One of Adam Smith's canons of taxation is that taxes shall be certain and not arbitrary. We have gone far, as has been previously noted, in constitutional attempts to enforce this ideal. In practice, however, much arbitrariness has been found from the beginning because of the difficulty in the admin- istration of the tax laws. The administration is usually left in the hands of local officials, who are seldom adverse to catering to the good will of their constituency. No way is more sure of winning popular favor, moreover, than through the curtailment of the burden of taxes that the individual believes he would otherwise have to pay. The result has been that many assessments have been arbi- trarily made by the assessor in order to gain or maintain popular favor. As industry has grown more complex, the possibilities of these arbitrary assessments have also grown. At first thought one would think that little chance PROPERTY TAX REFORM 259 exists for arbitrary assessments in the case of real estate, since it is visible, and since comparisons can easily be made between different parcels. Selling prices, also, are gen- erally known and can be used as a basis for assessment. Many arbitrary assessments still result, however, espe- cially in the large cities. Here values are likely to fluc- tuate rapidly and unexpectedly, so that to actually value the property really becomes the business of an expert a qualification that assessors seldom possess. All they can hope to do, even in a conscientious performance of their duties, is to use their best guess, which frequently happens to be far from the actual value. Equalization Boards. From the earliest times the in- equalities and injustices which have arisen from real estate assessments have not continued unnoticed and with no attempts to make corrections. One of the earliest plans to secure a just assessment was to have a review and equalization of assessments by a board higher up than the local assessors. That the need was recognized early is indicated by the fact that before the end of the Revolution an appeal was made to the Governor of New York to provide some method for equalizing assessments. From this early date to the present time the equalization of assessments has been used extensively in an attempt to secure greater equality and justice. Modern equalization boards are of two kinds those that equalize assessments within a county, or the county equalization boards, and those that equalize assessments among counties, or the state equalization boards. City equalization boards sometimes exist and possess a varying degree of power. The state equalization board, which exists in some form in more than three fourths of the states, usually has no power to change individual assessments, but only to make more equitable adjustments between counties. In a few cases individual adjustments can be made. The state board is usually comparatively free from political in- 260 OUTLINES OF PUBLIC FINANCE fluence, but the magnitude of its task precludes any entirely satisfactory distribution of tax burdens. The county equalization board has a widespread exist- ence, and varies in the degree of its efficiency. The powers are so limited, frequently, that any possible effec- tiveness in accomplishing the desired results is destroyed. Local politics and conditions, combined with personal favoritism, have had so much influence, in general, that the accomplishments have not been what justice would demand. Other Attempts. Another remedial measure that has been attempted is to make the assessor an appointee of some central authority, thus removing the influence of local politics. The extension of his tenure of office for a period long enough so that he can attain some degree of efficiency, has also been adopted in some localities. Some states have inaugurated the policy of holding conferences for assessors in order that they may have the advice of others in the same work as well as the benefit of their experience. As a whole, however, little has been accom- plished in mitigating the evils of inequalities in assessing real estate. Progress in Cities. Assessments in cities are peculiarly difficult because of the enormous and rapidly changing values. Some city officials have sensed this situation to such an extent that definite methods of assessment have been adopted. Tax maps are constructed that show the exact size and location of each parcel of land. Some unit value is hit upon as a standard of measurement, as so much for a front foot. With this unit of value in mind definite variations are made for distance from the main street, the depth of the lot, and other factors that defi- nitely affect values. A number of cities have even called in experts in valuation to aid in placing a proper assess- ment on property. The merit of such plans has been in their uniformity and in the divorcing of the assessments from the guesswork of the assessors. The movement PROPERTY TAX REFORM 261 toward the separate assessment of land and buildings in- dicates that the general adoption of this method would aid materially in obtaining a just assessment of these two classes of real estate. 140. Many Devices Are Used in Personal Property As- sessments. Because of the difficulties that have attended the assessment of personal property, many methods of securing better results have been suggested, and some have been tried. Such suggestions as the classification of property, the separation of state and local revenues, and the centralization of authority will be treated under separate topics. To mention all the devices that have been used or suggested in the different taxing districts would be next to impossible. Only a few will be noted as suggestive of some of the attempts to make the assessment of personal property successful. Use of Oaths and Penalties. As was indicated in the discussion of the local assessor, the law often places strong reliance upon the use of the oath to accomplish the proper assessment of property. The following requirements of the state of Illinois are typical of the requirements of many other states. The assessors are required to take the fol- lowing oath: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of Illinois, and that I will faithfully discharge all the duties of the office of assessor, deputy assessor, or supervisor of assessments (as the case may be) to the best of my ability; that I will without fear or favor appraise all the property in said county at its fair cash value, said value to be ascertained at what the property would bring at a voluntary sale in the due course of business and trade; and that I will assess said property when so appraised at one half its said cash value; that I will cause every person, company, or corporation assessed, to sign his, her, or its assessment schedule, and I will administer to each and every person so signing said assessment schedule, the oath thereon, and return said schedule so signed and file the same with the county clerk. The Illinois law provides for the following penalties: If any assessor refus.es or knowingly neglects to perform 262 OUTLINES OP PUBLIC FINANCE any duty required of him by law, or if he consents to any evasions of the law whereby any property required by law to be assessed shall be exempted or valued at less than required by law, he shall, upon conviction, be fined for each offense not less than $100 nor more than $5,000, and shall be imprisoned in the county jail not exceeding one year, or shall be both fined and imprisoned. Anyone who evades the law in regard to the assessment of property or who delivers a false list to the assessor, shall be pun- ished by a fine not to exceed $5,000 or by imprisonment in the county jail not to exceed one year, or both. Yet the public treasuries are not being filled with fines from assessors and property owners, neither are they crowding the county jails. A glance at the figures for property valuations, moreover, would immediately convince one that it is not because the requirements of the law are being enforced. Other Methods. Some attempts have been made to divorce the assessors and equalization boards from local politics and influences, and to give the assessors broader powers in locating property. To have no political interest between the assessor and the assessed is of course an ad- vantage, since no office is then at stake. Some plan should be followed, however, to insure that the assessors and members of the equalization boards will be efficient and capable men. This, of course, could not hope to solve the difficulties in reaching intangible values. The powers of assessors have often been extended in order to enable them to better reach intangible property values, and just as often have the results been unsatis- factory. It is sometimes attempted to enlist the aid of citizens in securing just assessments. One state requires the publication of the entire assessment list, so that everyone may know the assessed value of the property of everyone else. The hope that discrepancies would be reported, however, has not been realized. Ohio Tax Inquisitor Law. One of the most commonly PROPERTY TAX REFORM 263 cited examples of the attempt to enlist citizens in the securing of accurate assessments is what has been called the Ohio tax inquisitor law. Under this law anyone could report property that he thought had not been listed with the assessor. If this proved to be true, a 50 per cent penalty was added, a part of which was to go to the individual who made the report. The result, however, was unsatisfactory, and little was accomplished in secur- ing more accurate assessments of personal property. The result of every attempt to reach intangible property values, moreover, has been much the same. 141. Classification of Property for Taxation Has Been Attempted. The restrictions imposed by constitutions have been particularly troublesome where attempts have been made to treat classes of property differently in order to equalize more nearly the tax burden. The results of property taxation have demonstrated that a general, uni- form system of taxing property is no longer practical, and that, under modern conditions, it cannot be enforced equitably or effectively. The so-called uniform tax is based on the theory that every form of property, regard- less of character or condition, shall be taxed in proportion to value and by a uniform method and rate. The theory presupposes that all property is able to bear the same burdens and that all forms of property are equally easy for the assessor to find and to estimate their values. Uni- formity of valuation is an imperative requirement. All property must be assessed at the same percentage of ac- tual values, so that each class, with a uniform tax rate, will bear its just proportion of the burden. No possi- bility exists, under modern conditions, even to approxi- mate this result. Court Interpretation. It has been found possible, where permissible, to approach more nearly a uniformity in tax burdens on property by varying the method of assessment and taxation for the different classes. The Supreme Court of the United States has consistently held that this prin- 264 OUTLINES OF PUBLIC FINANCE ciple of classifying property for purposes of taxation does not violate any principle of the Federal Constitution. The line of reasoning has been somewhat as follows: diversity of taxation, both with respect to the amount imposed and the various species of property selected, whether for bearing tax burdens or being exempt from them, is not inconsistent with a perfect uniformity and equality of taxation in the proper sense of these terms. A system, moreover, which imposes the same tax upon every species of property, irrespective of its nature, or condition, or class, will be destructive of the principles of uniformity and equality in taxation out of a first adaptation of property to its burden. State courts, how- ever, have generally been much narrower in their inter- pretation of the constitution or statute providing for uni- form assessment. Status of Classification. Much interest has been shown in recent years in the classification of property for tax purposes. In not every state where the constitution per- mits this feature, however, is classification used. Colorado furnishes an example of this situation, which illustrates an exception, however, rather than the rule. A provision was placed in the constitution of 1876 which permitted the legislature to classify property for tax purposes. As yet there has appeared little disposition on the part of the legislature to provide for a classification of property. This is probably on account of the small amount of in- tangible property which appears in this state. On the other hand, in more than a dozen states, where classifica- tion of property is allowed, experiments looking to a greater equality of assessment are being carried on, while a number of states which are not allowed the privilege of classification are seeking to obtain it. Principle of Classification. The outstanding idea in the principle of classification is to place a distinctly lower rate of tax on intangible property than upon other forms. This is because it has been clearly demonstrated that an PROPERTY TAX REFORM 265 imposition of the general tax rate upon this class of prop- erty drives a large majority of it into hiding, and it is not reached at all. Tangible property, moreover, is so fre- quently assessed at only a fraction of its true value, that a lower rate is needed on the intangible property to secure equality, since much of this must be assessed at full value when it is found. Results of Classification. The general experience of the states which have tried to reach intangibles through lower rates has been satisfactory. The results are not that perfection has been reached, but that a decided improve- ment has resulted. The number of property owners as- sessed has increased materially, as well as the amount of property, and in some cases the actual revenue obtained has been greater than before the tax rate was lowered. The results would indicate that the conscience of tax- payers varies inversely with the tax rate. Taxation of Mortgages. One class of personal property that has generally escaped taxation under the property tax is mortgages on real estate. A number of plans have been used to attempt to remedy this evil. Some states have taxed the land at full value and levied only a low rate on mortgages, with the hope that more mortgages would be given in to the assessor. Others have allowed the land owner to deduct the amount of the mortgage from the assessed value of the land, but because of the general underassessment of land, the amount of the mort- gage has frequently exceeded the entire assessed value of the land. Still others have given up the attempt to col- lect any tax from mortgages except a nominal tax at the time of recording. In spite of the apparent injustices, however, most states attempt to tax both the mortgagor and the mortgagee. New York Mortgage Recording and Secured Debts Tax. The state of New York, in 1906, through the enactment of the mortgage recording tax, gave legal recognition to the fact that mortgages generally escape taxation. This law 266 OUTLINES OF PUBLIC FINANCE removes mortgages from the general property tax and sub- stitutes a tax to be paid, once for all, at the time the mortgage is recorded. The rate is five dollars on the thousand dollars, irrespective of the term of the mortgage. The next extraction from the application of the general property tax was the secured debts, which came in 1911. The holders of these instruments could secure immunity from all future taxes, no matter what the length of life of the security, by presenting it to the comptroller of the state, paying a tax of five dollars on the thousand dollars, and having stamps affixed to indicate that the tax had been paid. This was unsatisfactory because of the un- equal rate which resulted on securities of different dates of maturity, and the low return which really came to the state when the time element was considered. Several amendments were tried, and the final result was the in- vestment tax law of 1917. Under this secured debts are taxed annually by the state at the rate of two dollars per thousand dollars. The tax may be paid for one, two, three, four, or five years, but for no longer period. Other Examples of Classification. Pennsylvania and Connecticut have both used the principles of classifica- tion with interesting results. A few years ago Pennsyl- vania reduced the rate of taxation on intangible property to a small fraction of what it had been, and for the next year received more revenue from this source than for the preceding year with the higher rate. It appears that the new rate was not high enough to sear the consciences of the owners of intangible property. Connecticut has a voluntary registration of bonds, notes, and, in fact, practically every form of taxable in- tangible property, with the state treasurer. A tax is paid upon this registered property at the rate of four mills a year. The attached treasurer's receipt exempts from all other taxes. If the document is not registered it is sub- ject to taxation, if found, at the local rates, which are much higher than the state rate of four mills. PROPERTY TAX REFORM 267 The use of the system of classification is but another attempt to make a success of the property tax. At pres- ent it is but in its experimental stage, but a strong agita- tion and extensive program of education is being carried on to secure a wider adoption. It is likely that the future will bring a much more extensive use of the principle, but whether it will satisfactorily solve the problem of taxa- tion of property remains to be seen. 142. Limitations Have Been Placed upon Tax Rates and Borrowing Power. The rapid increase in public ex- penditures, especially on the part of cities, has been viewed with alarm by the taxpaying citizenship. Charges of graft, recklessness, inefficiency, and general lack of eco- nomical methods have been frequent. The rapidly in- creasing tax burden, because of this enormous growth in expenditures, has led to many demands that something be done to curb the power of the assessing and taxing officials. In some states attempts have been made to curb this supposed extravagance of municipal and even of state officials. The most common method of proce- dure is to place some constitutional or statutory limitation upon the amount of revenue a city may secure. The amount of a city's indebtedness, also, has been closely guarded, and provision has been made to limit the fiscal activities of some state legislatures. The most used limitations upon the fiscal powers of municipal authorities is to impose a fixed or limited tax rate with provisions for securing increased funds to meet emergencies. Not only has it been thought that this sort of restriction would curb wasteful expenditure, but that a limited rate of taxation would be an incentive for list- ing a larger amount of the intangible personal property. Experience has shown, however, that no very startling results have been obtained in bringing this class of prop- erty from hiding. Methods of Tax Limitation.- The use of a fixed tax rate for municipalities has not proved satisfactory since there 268 OUTLINES OF PUBLIC FINANCE is no definite relation between a city's property and its necessary activities. Besides, some cities may be under- taking more legitimate enterprises than others, which will necessarily entail greater expenditures. If the fixed rate is higher than is necessary it will lead to extrava- gance, waste, and graft, while if it proves to be too small it will result in the restriction of necessary activities, an increase of borrowing where this is possible, or the exten- sion of the revenue system to include unproductive or undesirable sources. As a substitute for the fixed rate, a limited tax rate has sometimes been used. This plan allows an increase in the rate, but not to exceed a certain percentage of the rate for the preceding year. This, however, is only more satisfactory than the fixed rate, for if the limitation is the same for all cities in a state, it is attempting to place a uniform standard upon needs which vary greatly. In neither case is there any guarantee that the burdens upon property will be kept down because authorities can resort to increased assessments to swell the revenue. A more effective method of real limitation is to allow only a cer- tain increase in expenditure over a preceding year, or the average of several preceding years. Neither the tax rate nor property valuations can be juggled to offeet the in- tended restrictions. The limitation on indebtedness usually takes the form of allowing bond issues to only a definite percentage of the property valuation, and this, frequently, only upon popular vote. In any system of limitation some provision for flexibility should be made to allow for emergencies, or for various forms of capital investments which, of course, should be put into a different category from current expenses. Many municipalities are finding themselves pressed for funds because of the limitations which have been placed upon them. The increased costs of labor and materials have more than outstripped the possible revenue increases PROPERTY TAX REFORM 269 from the existing sources, while the decrease caused by canceled liquor licenses has often been keenly felt. In- debtedness has frequently been increased to the limit, and the only recourse has been to seek new sources for funds. The course most generally pursued has been to increase the use of license taxes, as upon vehicles, and professions. Ohio Plan of Limitation. Ohio furnishes one of the best examples of state tax limitation. According to the law a maximum of fifteen mills is placed for the aggregate of all levies, while a limitation of ten mills applies to all levies, except to those authorized by a vote of the people, and those necessary to provide interest and a sinking fund for indebtedness. The limitation extends to the minor political divisions in that the maximum levies of the county, municipality, township, and school district are placed, respectively, at three, five, five, and two mills. These levies, however, are exclusive of any special levies which the citizens may vote. Little satisfaction and much criticism have been expressed concerning the working of the plan. 143. The Separation of Sources of Revenue Has Been Advocated. The complexities and evils of modern tax systems have led many to desire and to seek for better things. One cause for the difficulties has been the attempt of different political divisions to secure funds by levying taxes upon the same bases. This has led to evasion of payments particularly those in which the individual has not been visibly and closely interested. One reason for the reluctance of individuals to turn in their property to the assessor has been that a part of the tax collected would be expended in a distant part of the state where no benefits would accrue to the payer. Another difficulty has grown up through the attempt of local officials to assess properties, the nature of which caused them to extend far beyond the limits of any one jurisdiction. A remedy for some of these difficulties that has been much 270 OUTLINES OF PUBLIC FINANCE discussed in recent years is that state and local revenues should be derived from separate sources. Advantages of Separation. On the face of the proposi- tion some outstanding advantages present themselves. It is evident that certain fields of resources are much more suited to the cultivation of the state than of local units. The first example which presents itself is the large class of corporations which are much more nearly organizations of the state than of any locality. The complexities and nature of their business is such as to require assessors of a much higher degree of skill than local districts can afford to provide. It has been advocated that the assessment of the property of corporations should be taken from the locality and turned over to the state. The inheritance tax is another source of revenue which is adapted to the use of states rather than to the use of localities. In the first place, localities do not possess the machinery to ad- minister the tax satisfactorily, and in the second place, in a small area, no reliance can be placed upon enough trans- fers of property occurring within a given time to insure a stable revenue. Within a larger district this stability can be counted upon with a reasonable degree of certainty. A large number of license taxes, also, can be more efficiently handled through state machinery than through that of localities. It seems reasonable, then, that these sources of revenue could be profitably turned over to the state. If the state be given the revenues from corporations, inheritances, and certain licenses, it would be possible to relieve the localities from contributing to the support of the state from revenues which are collected by local officials. There would be no state tax to be collected, consequently there would be no particular advantage for the inhabitants of one district to secure a lower percentage valuation than in adjoining ones, for it could not reduce the tax burden, but merely affect the rate. It would give the localities, moreover, a much greater autonomy in de- termining fiscal policies. PROPERTY TAX REFORM 271 Dangers of Separation. There is no doubt that the revenue systems of state and localities have been too closely interrelated, and that some degree of separation would prove beneficial. An entire divorce of the two, however, with absolute local autonomy in determining fiscal policies which the most ardent advocates desire, is fraught with dangers, and would not, perhaps, accomplish all that is hoped. It is desirable to have some uniformity in the raising of local revenues, even if no part of the revenue is to go out- side of the district. Local fiscal officials, moreover, would not always be competent to decide what plans would be feasible to adopt. The use of an income tax as the base of revenue in one township, for example, while the adjoin- ing township used property, would either impose double taxes or exempt entirely an individual who owned prop- erty in one township and lived in the other. Other rea- sons exist, moreover, for unequal assessments than be- cause a part of the revenue collected locally goes to state purposes. The local assessor, under the plan of separa- tion, would still be an elected official, and the same rea- sons for showing favoritism would continue to exist. While a separation of revenues may be desirable to some extent, the local units should still be kept under central supervision to the extent that some uniformity remain in local fiscal methods. They should also be restrained from experimenting with systems which are not adapted to their need. The absolute separation of sources of revenue possesses the added danger of leading to parsimony or extrava- gance. Take, for example, the states which rely almost entirely upon revenues from corporations. If these enter- prises be powerful in the state, and have a controlling influence with the legislature, expenditures will be reduced to the minimum, and many desirable public activities may be thwarted in order to make the tax burden as light as possible. As was previously pointed out, moreover, it is 18 272 OUTLINES OF PUBLIC FINANCE politically undesirable to have one class voting the ex- penditure of funds which another class contributes, for this will lead to extravagance. If, then, corporations be the source of tax, and unpopular with the legislature be- cause it represents another class of people, no amount of expenditure will appear to be too great. For the sake of economy an absolute divorce may not be desirable, and better results may be expected if the people who vote the expenditure of funds also have to help bear the burden. As between Federal and state revenues the tendency seems to be in the opposite direction from a separation of sources. A few years ago it was argued that, since the Federal government had the field of customs and excises, the states should have that of incomes, corporations, and inheritances, and leave the returns from property to the localities. More recently, in spite of much objection from state officials, the Federal government has widened its scope of sources. Its use of incomes, corporations, and inheritances as sources of revenue has already been discussed. 144. The Present Tendency Is to Centralize Fiscal Authority. The preceding topic has indicated that there is some demand for what is known as local option, or home rule, in taxation that is, to allow each tax district to be an automaton in determining its fiscal policies. While it does not usually appear in the public discussion that this is a single tax measure, yet the single taxers are always ardent advocates for the adoption of the principle, with the hope that some locality, when it has secured the power of acting on its own initiative, will adopt the single tax. Many of the arguments which are presented for this decentralization and separation are appealing, and de- serve notice. It is claimed that the physical and indus- trial conditions of a state differ so widely that tax methods which are suitable to one locality are adverse to the in- terests of another. In proof of this, disparity between the needs of farms, villages, and large cities is pointed out. PROPERTY TAX REFORM 273 Furthermore, it is claimed that the local authorities, be- cause of the intimate knowledge they have of the local affairs, and because of their personal interest in them, have a much better basis upon which to formulate fiscal policies than would officials who have no such interests. The placing of citizens of local districts upon their own resources, and allowing them to work out their own salva- tion, will stimulate an increased interest in civic and fiscal affairs, it is claimed. It has been suggested above that absolute autonomy on the part of local districts presaged an increase in the evils of double taxation. Not only this, but it would open the way for all sorts of favorable discrimination to particular industries to secure location within the district. The dan- gers of giving a large number of irresponsible assessment districts a free hand to introduce and experiment with all sorts of untried ideas are too great to be accepted. A certain amount of freedom is no doubt desirable, but it should be so curbed and directed as not to endanger the safety of the larger body politic. Equalization of Assessments. The recent trend for the solution of fiscal difficulties, however, has been toward a centralization of authority and responsibility, rather than toward a further decentralization. One factor which has caused this has been the desire to secure greater equality in the valuation of property. The inequalities in assess- ment, which arose with the growth of corporate industries, first led to centralization. This was in reality a movement away from the practically pure local option which formed the early part of our fiscal systems. These discrepancies in assessment led to an attempt to equalize values by a central board appointed for that purpose. It has often been difficult for this board to secure the proper informa- tion, yet it has frequently been able to alleviate much of the inequality and injustice which has arisen because of the incapabilities, inconsistencies, or indisposition of local officials. 274 OUTLINES OF PUBLIC FINANCE Control of Assessments. A more important develop- ment of centralization has been the control which central officials exercise over local ones, especially over the as- sessors. More frequently, also, is it becoming true that the assessment district is being enlarged, and the assess- ment for the district performed by competent agents. In many cases it has gone so far that the central authority is found to be a state official, to whom county supervisors are held responsible, while under the county supervisors, and responsible to them, are the local assessors. In some cases the smallest assessing district has been made the county, and all the assessments are made by the county supervisor. These supervisors and assessors are usually appointed under civil service rules, and may continue in office as long as efficiency warrants. Advantages of Centralization. The outstanding advan- tages of this form of centralization are plain. In the first place the assessor is divorced from politics. His position does not depend upon how much leniency he shows the owners of the assessed property, but rather upon how well he performs his task. In the second place, men of much better qualifications can be secured through a process of examination of the capabilities for performing the tasks. The system in use in New York City will illustrate the possibilities. The assessors are chosen on the basis of competitive examination, the examination dealing largely with the aspects of valuation. The law requires that one out of the first three rated highest in the examination must be appointed, and it has been the practice of the mayor to designate that the appointments must be made in order of the eligibility, as shown by the examination. As a whole, competent men have been chosen, whose only fear of losing the position is from failure to per- form satisfactory service. Many of the assessors have been serving a number of years, and have become more efficient and valuable with the accumulation of experience. 145. The State Tax Commission Presents the Best PROPERTY TAX REFORM 275 Example of Centralization. The growth of problems which called for the attention of central authorities, and the general trend toward this form of administration, have demanded a competent central organization to render the required services. At first the duties were placed upon boards already in existence, with results which were far from satisfactory. The final outcome has been that in more than three fourths of the states organizations usually known as state tax commissions may be found. While an accurate generalization of their nature is impossible, yet it may be said that the boards are composed of few members, usually three, appointed for a comparatively long period, at a compensation which is large enough to obtain men of expert knowledge and capabilities. As far as possible the attempt has been made to keep political influences apart from the tax commission. Activities of Commissions. The work of these commis- sions has been so varied that again no accurate generaliza- tion can be made. They are expected to form the balance wheel of the fiscal system of the state to discover the evils, formulate remedies, and induce legislatures, when this is necessary, to make the needed changes in the fiscal machinery. The general supervision has had a wholesome effect upon the activities of subordinate officials, even down to local assessors. The introduction of the mere possibility of supervision at first had an exhilarating psy- chic effect which, however, tended to wear off with time, causing more actual supervision to become necessary. The most marked result on the part of local officials has been the increased and more uniform assessment of real estate. The aid which has been given to local assessors in formulating methods, such as the use of the tax map, has aided materially in accomplishing this result. The extent of the supervision varies from mere advisory pow- ers to absolute control of all assessments, as in the state of Ohio. Auditing and Accounting. Since the advent of the state 276 OUTLINES OF PUBLIC FINANCE tax commission, much progress has been made in the adop- tion of uniform systems of public auditing and accounting. It is only through such uniformity that any accurate knowledge and comparisons may be had of public ex- penditures, and this is the basis for the solution of fiscal problems. In a few cases the commissioners aid in making up the budget estimate, but this is as yet not generally true. From their knowledge of the sources of revenue, however, their services should be acceptable in helping to formulate state budgets. The work which has been done in auditing and accounting, however, bids fair to lessen the squandering of public funds and to prove a material saving through the elimination of inefficient and wasteful methods. Corporation Assessments. Another accomplishment, for which the tax commissions deserve credit, has been the improvement in the processes for valuing the various classes of corporate property. It has been through their studies and experiments that the various plans gross earnings, net earnings, ad valorem, and other plans- have been tried, and the merits and defects of each noted. Tax commissioners have succeeded in creating an attitude of respect from the corporations, because of the fair treat- ment they have extended, which has been beneficial in more ways than in an increased revenue. Mention should be made of the valuable contributions to fiscal knowledge which have been made through the reports of the various commissions. Many of them are a part of the most val- uable literature on fiscal problems, and should be consulted by students interested in systems of state revenue. 146. Taxation of Property Remains Unsatisfactory. So far the changes made in assessing and taxing property have been void of satisfactory results. If all the devices suggested above were generally adopted, some of the defects of the present property tax might be less flagrant, yet it seems doubtful if the scheme as a whole can be made satisfactory. Most authorities would be willing to PROPERTY TAX REFORM 277 conclude concerning the general property tax, as does Professor Seligman: The general property tax as actually administered is beyond all doubt one of the worst taxes known in the civilized world. Because of its at- tempt to tax intangible as well as tangible things, it sins against the cardinal rules of uniformity, of equality, and of universality of taxa- tion. It puts a premium on dishonesty and debauches the public conscience; it reduces deception to a system, and makes a science of knavery; it presses hardest on those least able to pay; it imposes double taxation on one man and grants entire immunity to the next. In short, the general property tax is so flagrantly inequitable that its retention can be explained only through ignorance or inertia. It is the cause of such crying injustice that its alteration or its abolition must become the battle cry of every statesman and reformer. 1 ADDITIONAL READING Seligman, Essays in Taxation, chap. xi. Lutz, The Tax Commission. Proceedings of the National Tax Association, 1913, pp. 351-371; 1915, pp. 42-77; 1919, pp. 477-496. 1 Seligman, Essays in Taxation, p. 62. CHAPTER XIII INCOME TAXES 147. The Use of Income Taxes Represents a Developed Fiscal System. The development of criteria of justice in taxation, with the general acceptance of faculty or ability to pay as the most satisfactory, has been discussed. In the light of this development various kinds of direct and indirect taxes have been considered with reference to their justice, and it has been seen that the incidence of such indirect taxes as customs duties and excise taxes cannot be traced with sufficient accuracy to determine the real burden. Taxes upon consumption, moreover, are regres- sive, in that they fall more heavily upon the poorer classes, and for this reason they are no longer advocated as the essential part of a tax system. The development of direct taxes to conform to the abil- ity to pay has followed the changes and growth in eco- nomic institutions. The place of the individual as the base of the first direct taxes has already been pointed out. Poll taxes, however, conformed to the requirements of justice in only the primitive stages of society. Here prop- erty held a sphere of minor importance, there were no such distinctions as rich and poor, and here also the char- acter of the work of individuals, as well as its reward, was very much the same. The injustice of the exclusive use of poll taxes became apparent as property began to occupy a more important place among economic institutions. The development of the use of property as a base for taxes has also been discussed, as well as the outstanding defects of this system as economic institutions developed into their more diverse and complex forms, INCOME TAXES 279 As long as society was primarily agricultural, and prop- erty consisted almost entirely of land and its appurte- nances, a tax based upon property could be made to con- form fairly well to the principles of justice. We have seen, however, that as property began to take on diverse forms, and began to assume varying degrees of produc- tivity, a general property tax did not meet the require- ments of justice. The difference in ability hi the vari- ous forms of property to bear tax burdens, the develop- ment of the ability to bear these burdens without the ownership of property, the inequality of assessments, and the failure to assess many classes of property, have em- phasized the failure of this tax to meet the requirements of justice. Most countries outside of the United States, it was indicated, have long since given up property taxes in their search for some method which would more nearly conform to faculty under the modern complex industrial organiza- tions. Some form of an income tax has been widely adopted where the property tax has been given up. In recent years, also, income taxes have begun to play a much more important role in the fiscal systems of our Federal and state governments. In the future, no doubt, income taxes will occupy a place of much greater promi- nence in the fiscal systems of the states, at least, than they have held heretofore. 148. Difficulties Arise in Defining Income. Some def- inite understanding as to what the term income includes becomes necessary, since income taxes are assuming such an important place in fiscal systems. Webster defines an income as "that gain or recurrent benefit, usually meas- ured in money, which proceeds from labor, business, or property; commercial revenue receipts of any kind, in- cluding wages or salaries, the proceeds of agriculture and commerce, the rent of houses, or the return on invest- ments." This definition suggests some of the current ideas which 280 OUTLINES OF PUBLIC FINANCE are held as to the meaning of income, but it does not in- dicate all the problems which arise when one seeks to determine the income which should be made the proper base for taxes. The popular conception of income is that of net income, yet the expression is used frequently to designate the larger category of gross income. A tax is sometimes levied upon net incomes, and sometimes upon gross incomes, and in the case of the levy of such a tax upon a corporation it is customary to refer to it as a gross or net income tax, because there is no uniformity as to which is used in the different states, or against various corporations. Gross and Net Income. The popular conception of in- come is that of the net return, and that this differs widely from gross income is at once apparent. In the case of salaries and wages, the total amount received is usually considered as the income, but this does not hold for pro- ductive enterprises. The income is usually considered as that which is left after expenses are deducted. In the case of manufacturers, merchants, or farmers, the total receipts might be large, while a deduction of expenses might leave comparatively little or nothing. Even a greater difference than this should be made, perhaps, in some cases. In manufacturing plants, for example, the expenditures for a particular year may not indicate all that should be deducted from the gross returns. Depre- ciation is in progress, and provision should be made to take care of both depreciated building and worn-out or obsolete machinery. From this conception an income might be considered as any amount over and above that sufficient to keep the capital investment intact. To de- termine this accurately, however, would be impossible in many cases. Capital and Income. Many attempts have been made to make a clear distinction between capital and income, yet for practical purposes most of the distinctions cannot be carried too far. Some point out that capital is a stock INCOME TAXES 281 of wealth, while an income is a flow of wealth. The re- ceipt of an inheritance, however, is scarcely to be classed as a part of an income. Some would go farther in modify- ing the income concept, and limit it to a somewhat regular flow of wealth, yet many of the returns from dealing on boards of trade and stock exchanges should be classed as income, although the flow is by no means regular. Many attempts have been made by judicial minds to define income, capital, and property, but there has been no more uniformity in their concepts than in those which others have tried to formulate. Fiscal authorities, how- ever, are more concerned about the concept of income, and the methods of levying upon it, which will most nearly conform to principles of justice in taxation. 149. The Concept of Income Is Sometimes Modified to Conform to Justice in Taxation. In their attempt to reach ability to pay taxes fiscal authorities often make differen- tiations in incomes which would not otherwise be made. A discussion of the uniformity of taxation clause, which is to be found in many state institutions, will be found in another place, but the courts have generally held that the provision does not prohibit the classification of property provided greater equality of assessment could be secured thereby. In other words, the contention has been that the constitutions were concerned about the equality of bur- den rather than equality of assessment. This principle has been carried to income assessments, and differentia- tions have been made. Funded and Unfunded Income. The distinction be- tween a funded and an unfunded income, or between an unearned and earned income, was one of the first to be made. In the case of a funded income the income is separated from any personal efforts of the recipient, while in the case of an unfunded income it is dependent upon the exertions of the individual. It is the difference be- tween $3,000 in interest or dividends or in rents from lands, and $3,000 paid as a salary for personal services. 282 OUTLINES OF PUBLIC FINANCE It is evident that it is a greater burden to give up a part of the latter $3,000 than it would be to give the same proportion of the first $3,000. In the one case savings need not be considered, because the income is certain, whether the recipient works or not; in the other provision must be made for the future, when the income will cease because of the incapacity of the worker. While the jus- tice of such a differentiation is at once apparent, it is evident that such distinctions cannot always be made with absolute precision. Incomes which appear to be derived exclusively from property may, upon investiga- tion, be found to depend to a greater or less extent upon personal activities. A part of the rent which a landlord receives from a farm may arise because of his management of the methods of production, the choice of fertilizers, or the selection of seed. Dividends from stocks may exist because the recipient has exercised the utmost discretion in their purchase. Many incomes from capital invest- ments, moreover, depend to a greater or less extent upon the efficiency of the management of the owner. It is quite evident, then, that many incomes are combinations of funded and unfunded parts, the separation of which would involve insurmountable difficulties. Considerations of Justice. Incomes of the same nature may vary in their ability to meet fiscal burdens. Some may have a large number of necessary and fixed charges against them, while others may have practically none. The amount of fixed charges, of course, makes a great difference in the amount which may be disposed of in any manner which may be decided upon. One man, with no dependents, may have an income of $5,000, against which there is no fixed charge, and he can use it for his enjoyment as he chooses. Another man with the same income, with a home to support, children to feed, clothe, and educate, and feeling the necessity of establishing a fund of savings to meet possible emergencies, may have very little left after these necessary charges are provided for. INCOME TAXES 283 Should the privilege be granted of deducting all neces- sary charges which arise against net incomes before taxes could be levied, the plan would doubtless be abused to such an extent that there would rarely be a net income left against which to impose taxes. The principle of de- ductions, however, is generally recognized by the fiscal authorities of most countries which use the income tax. A fixed amount is usually exempt from taxes, and stipu- lated deductions are allowed for each dependent. The attempts of various countries to use this principle will be noted in the discussion of their method of taxing incomes. It is true in a number of cases, furthermore, that an individual receives an income from his property without its having taken the form of money. A farmer raises his own fruits and vegetables, dresses and cures his own meat, and frequently exchanges wheat which he has grown for flour at a near-by mill. He has received just as much enjoyment from these goods as the man who has received a money return, and has used it to secure the same utilities. A man who lives in his own house is get- ting a return from it just as much as the man who rents his house for a money income. The impossibility of an accurate measurement of these incomes, which do not resolve themselves into a monetary form, is obvious. The principles of justice require that some account should be taken of such incomes in formu- lating a scheme of income taxes. The difficulty is at once encountered, however, of attempting to place a tangible value upon an intangible income. 150. Variations Occur in Methods of Levying Income Taxes. Many authorities have recognized the theoretical justice of the income tax, yet have been skeptical of its use because of practical difficulties which arise. John Stuart Mill considered it, in principle, the most just of all forms of taxation, yet in effect it was more unjust than many which appeared to be more objectionable. He con- 284 OUTLINES OF PUBLIC FINANCE sidered that one of the greatest objections was that it fell most heavily upon the conscientious, and should be used only in great emergencies. Exemptions. Many attempts have been made to eliminate the practical difficulties through the method of levying the tax. The general use of an exemption is for securing a more nearly equal sacrifice. The size of the exemption varies greatly in different countries, with no particular reason for the amount which has been chosen. Objection has been made to the granting of any exemption on the ground that every citizen possesses some ability to pay to the state. This objection might apply to large exemptions, but loses its force when the exemption is not more than the minimum of subsistence. To allow at least the minimum of subsistence to be free from tax burdens, on the other hand, seems more logical. To encroach upon this will mean either a retrenchment of the individual's expenditure, to his detriment, or that the state must fur- nish aid in some form of charity. Neither of these con- ditions is a desirable result from a fiscal system. When the cost of assessment and collection is considered, more- over, the amount received from small incomes is an ex- pensive form of revenue. Graduation. Some form of graduation is generally used in levying income taxes, yet in this also there is no uni- formity in the various countries. The arguments for progressive rates for income taxes are the same as those advanced for progressive taxes under the discussion of that subject. 1 The application of progressive rates to the taxation of incomes conforms to the faculty basis for measuring taxes. While the intangible utility of incomes cannot be measured with any degree of accuracy, yet there is no doubt that the law of diminishing utility ap- plies to the acquisition of income. As successive units are added, the importance of each unit becomes less than the preceding one. In order to impose the same ^ee. 110. INCOME TAXES 285 degree of burden upon incomes of various amounts, more than a proportionate sum must be taken as the size increases. To formulate a scale of progression which would exactly secure equality of sacrifice for all individuals would, of course, be impossible. Human natures and desires are too diverse for this, yet greater justice would be secured by an attempt at the ideal than if strictly proportionate rates were used. In most cases, at least, proportionate taxes place a lighter burden upon the richer classes than upon the poorer, and are less felt by those who have a wide margin above the minimum of subsistence than by those who have only a small surplus. One of the greatest justifications, then, for progressive rates in the use of income taxes is to equalize the burden upon different classes f incomes. The advocate of proportional taxation, moreover, should have no objection to progressive income tax rates, but rather should encourage them. Many taxes, it has been indicated, fall more heavily upon the poorer classes than upon the richer. This is true of many of the indirect taxes upon commodities of consumption, and also of the general property tax. To tax the larger incomes at a higher rate than the smaller simply tends to counter- balance the regressivity of other taxes and to secure for the system as a whole a proportionate burden. In order to avoid the objection of ultimate confiscation through the use of progressive rates, some form of degres- sion is used. There is no uniformity of method, however, in the various countries. In England a progressive rate is used up to a certain amount, after which the rate is proportionate. In the Prussian system the amount taken from each grade of income is a lump sum rather than a percentage. The amount increases with each grade, but the tax becomes regressive within the grade. Sometimes, as in the United States, a normal proportionate tax is levied, while a progressive surtax is added. The degres- 286 OUTLINES OF PUBLIC FINANCE sivity of the tax is also affected by the amount of exemp- tion which is allowed by the different countries. 151. Fiscal Authorities Meet Difficulties in Ascertain- ing and Classifying Incomes. Incomes have much to recommend them as sources of taxation. If any single tax were practicable, one upon incomes would doubtless most nearly meet the requirements of justice. Incomes represent a flow of wealth, a part of which can be given up in taxes more easily than can a part of property against which taxes may be levied. In cases of property taxes it is assumed that the tax is to be paid from income from the property, and that no impairment of capital will be necessary. The source of the tax upon property is sought in a separate field from that which measures ability, while the income tax is taken directly from that which is used as the basis for measuring the ability. That the latter will more nearly conform to the requirements of justice in every case is reasonably sure. Many individuals with large incomes, and consequently able to meet tax burdens, may have comparatively little property. Large property holdings, on the other hand, do not always indicate that burdens can be shouldered with ease because of the unproductive state in which the property may be found. The difficulties which have been encountered, however, in finding incomes, and in securing a proper classification according to taxpaying ability, have restricted the use of income taxes. It may be said, with some degree of accu- racy, that three different methods have been used in at- tempting to secure the amount of income which shall be subject to taxation. Estimates of Officials. One plan for assessing incomes has been to give fiscal authorities the power of estimating the amount of incomes that shall be subject to taxes. The difficulties presented are at once apparent. Chances for variations occur according to the abilities or inclinations of the various officials, Some may be diligent and others INCOME TAXES 287 negligent; some may be exacting, and others may be content with much less than a full assessment. The op- portunity for favoritism immediately presents itself, along with the unpleasant inquiries into the business affairs of individuals. In fact, many of the undesirable features which accompany the valuation of property by local asses- sors are found in this method of ascertaining incomes. Personal Declaration. A second method, which has been extensively used in ascertaining incomes, is to have the recipient of the income make a personal declaration of the amount. The advantage of the plan of self -assess- ment lies in the minimizing of the duties of fiscal authori- ties and the absence of any inquisitorial processes. The ease of evasion, however, constitutes a serious difficulty with the use of this method. Inequalities arise when the honest recipients of incomes make full returns, while the less scrupulous either make no returns or falsify those which are made. Where a complex system exists, it is difficult, at times, for the uninitiated to make proper returns. To secure a semblance of uniformity, then, close official supervision becomes necessary, which involves many of the difficulties which have been indicated in the preceding paragraph. Stoppage at Source. In order to overcome the problems indicated above, some attempts have been made to reach incomes before they have been placed in the hands of the recipient. This is done either through assessment at source or collection at source. In the first case the amount of the income is ascertained before it reaches the recipient, but the tax must be paid by him; in the latter plan the tax is deducted before the payment of the income is made. Obviously the principle of assessing or collecting at source cannot be applied to all incomes. It is compara- tively easy to apply in the case of government salaries, of interest and dividend payments, and of other incomes of this nature, but cannot be used satisfactorily where ari 288 OUTLINES OF PUBLIC FINANCE income consists of returns from the sale of merchandise, or farm products, or such items as physician's or attor- ney's fees. Where the source basis is used, then, it must be supplemented by some other plan to reach those in- comes which cannot come under its application. A serious objection to taxing incomes at their source arises in the difficulty of applying progressive rates. The income of a particular individual, for example, might be composed of items from a number of sources. The rate which would apply to each of these items when a pro- gressive scale is in force would likely be less than would apply if the entire income were taken as the base. If the tax, on the other hand, be levied upon the total of a dividend or interest payment, the rate would be higher than what would apply to the amount which reaches the individual recipients. With the use of collec- tion at source, then, some readjustments must be made with the individuals in order that the progressive rates may have uniformity of application. Serious administra- tive problems often arise in attempting to make these adjustments. The burden imposed upon the agency that withholds the tax, moreover, may not be inconsiderable. This was one of the difficulties that was encountered in the attempt of the United States to use this device. Information at Source. Some attempts have been made to accomplish the same ends as collection at source, and yet avoid the difficulties, by substituting what is known as information at source. Under this plan the one paying the income does not withhold the tax, but informs the fiscal officials of how much income has been paid. The income tax of the United States can be used to illustrate these principles. Collection at source was provided to some extent by the first income tax law. By the law of 1916 anyone who paid to another an amount which was sub- ject to the normal tax was required to deduct the tax and turn it over to the government. This was soon given up, and in the law of 1918 a plan of information at source INCOME TAXES 289 was substituted. Anyone who makes a payment to an- other of an amount of or exceeding $1,000 in any year is required to make a statement of such payment to the fiscal authorities. Other Considerations. It is generally recognized that mere size of the income is not the only factor to be con- sidered in calculating ability to pay. Many schedules have consequently been devised in some countries, with different rates for each, in the attempt to more nearly approximate justice. Such factors as the nature of the industry and its age are given consideration. These varied attempts to secure justice, with the consequent adminis- trative problems, account for the variations which occur in the income tax systems of different countries. A brief consideration of the plans used by some of the more im- portant countries will illustrate the attempts to make income taxes satisfactory. 152. The Income Tax Has Been Successfully Used in England. The income tax has held an important place in the fiscal system of England for more than three quarters of a century. Even before it became a permanent feature it was used more or less systematically. As early as the fourteenth century, incomes had a place in the base for the levy of taxes in what were called poll taxes. The first real income taxes, however, were introduced by William Pitt, about the beginning of the nineteenth century. These taxes resembled subsequent measures in that ex- emptions and certain allowances were granted, and in- comes were classified into schedules according to their nature. These taxes soon went into disuse, and during the succeeding years many tax experiments were tried. Laws were repealed and new ones enacted without, how- ever, introducing any radical changes. For a quarter of a century the taxation of incomes was discarded, and it was not till 1842 that this form of revenue was revived. Sir Robert Peel, who was confronted with the task of meeting a deficit in the treasury caused by tariff reduc- 290 OUTLINES OF PUBLIC FINANCE tions, was responsible for reestablishing taxes on incomes. The enactment was made for but three years, but at the expiration of this time the law was again placed upon the statute books. The process of reenacting the law, with occasionally some slight modifications, has continued to the present time. The act of 1842 is, therefore, the basis of the present English income tax system, which is con- sidered by many to be one of the most successful in operation. Modern Schedules. The classification of incomes into schedules has been a fundamental part of all the English income tax laws. The present law provides for five sched- ules. Schedule A comprises the income from land and buildings, in which is included the rental value of lands and buildings occupied by the owner, as well as receipts by a landlord. Schedule B is designed to cover the income from farm land, whether received by tenant or owner. Incomes from lands used in connection with industrial establishments are included in neither of these schedules. Schedule C includes "all profits arising from interest, an- nuities, dividends, and shares of annuities payable to any person, body politic, or corporate company or society, whether corporate or not corporate, out of any public revenue." The incomes which fall under Schedule D are more than those of all the other schedules. These include, first, all incomes which accrue to any person residing in the United Kingdom from any kind of property, whether located in the United Kingdom or not; and all gains secured by any person residing in the United Kingdom from any profession, trade, employment, or vocation, whether this be carried on in the United Kingdom or else- where. Second, under this schedule is placed the returns arising to any person, whether a subject of Great Britain or not, whether a resident of the United Kingdom or not, from any profit in the United Kingdom, or any profession, trade, employment, or vocation carried on within the INCOME TAXES 291 United Kingdom. A third part of this schedule reaches forms of interest, annuities, and profits which are not covered by the other schedules. Schedule E has been relatively unimportant and applies to salaries of public officials, government annuities, and pensions. Graduation. Graduation is provided for by exemptions, abatements, and supertaxes. Incomes of less than 160 are not taxed. The schedule of abatements is as follows: incomes of more than 160 but not more than 400, an abatement of 160; incomes of more than 400 but not exceeding 500, an abatement of 150; incomes of more than 500 but not exceeding 600, an abatement of 120; incomes of more than 600 but not exceeding 700, an abatement of 70. No abatement is allowed for incomes exceeding 700, but the rate, which is fixed each year, applies to the entire income. The actual percentage rates, assuming the rate to be one shilling to the pound, for various amounts, would be as follows: 161, .0003 per cent; 400, 3 per cent; 401, 3.1 per cent; 500,3.5 per cent; 601, 4.4 per cent; 700, 4.5 per cent. All amounts above this pay the proportional rate of 5 per cent. Additional abatements are allowed for life insurance premiums, charities, and other benevolences, while land and building depreciation is also granted. One eighth of the income from land is allowed to be deducted, and the amount for building depreciation is one sixth. Under certain conditions the deduction may be as much as twice this amount. An abatement of 10 for each child under sixteen years of age is allowed to individuals whose income does not exceed 500. Declarations. The necessity of making a declaration of income in order to secure the benefit of exemptions and abatements is responsible for the fact that a majority of income tax payers declare the total amount of their in- comes, even though the taxes are collected to a large ex- tent at the source. The situation usually resolve? itself 292 OUTLINES OF PUBLIC FINANCE into a refund of taxes which have been collected in excess of the amount which would have been taken had the abate- ment been deducted beforehand. The abatement claims usually run into the thousands, and it becomes necessary to refund thousands of pounds. Modifications of Above Outline. In an attempt to tax incomes more nearly in accordance with their ability to bear burdens, differentiations have been made and super- taxes have been placed upon the larger incomes. A dis- tinction is also made between earned and unearned in- comes. On incomes such as wages and salaries, the rate is usually reduced something like 25 per cent, while it is increased for incomes from investments. The supertax, for example, under one law was to apply whenever the total income exceeded 5,000, and was to be levied against the amount in excess of 3,000. Individuals subject to the supertax are required, under severe penalty, to make declaration of the fact to the fiscal authorities. The administration of the system is somewhat compli- cated, yet apparently satisfactory. A large number of officials are concerned with assessments and collections. These appear to be remarkably free from political in- fluences a fact which aids materially in securing satis- factory results. As already indicated, an extensive use is made of collecting the tax at the source, which lessens the problem of securing income assessments, but which enhances that of making proper allowance for the abate- ments. This broad outline of the English income tax may not conform to the details of a particular year, for these change somewhat with the adoption of the annual budget. The Great War, of course, necessitated changes to meet the emergency which will be noted in a succeeding chap- ter. The above outline, therefore, is intended to give some idea of the English plan as it had developed under normal conditions. As a whole, opposition to the income tax has broken down, and the tax now INCOME TAXES 293 functions as one of the most successful features of the fiscal system. Reasons for Success. Some of the reasons for the marked success of the British income tax have been summed up by Professor Seligman. 1 He points out that the system of assessment is successful because the asses- sors command the confidence of the recipients of incomes. The supervision is by men of high caliber, who are render- ing service, not for private gain, but because they are animated by a spirit of public duty. The collection at source, furthermore, has eliminated the distasteful and disquieting inquisitorial procedure which arises from the attempt to assess incomes. The policy of keeping the rate low, of recognizing different classes of incomes, and the introduction of graduation and supertaxes, have had their influence in making the tax generally popular. The success of present income taxes in England is a monument to the thought and care which the fiscal experts exercised in organizing and proposing this form of revenue. 153. Prussia Has Used Income Taxes Successfully. The Prussian income tax had its beginnings in the use of poll and class taxes as far back as 1811. Gradual changes in subsequent fiscal laws have resulted in a use of the income tax as extensive as is found in any country. Be- fore the outbreak of the Great War more than three fourths of the entire revenue came from the income tax, and the success may be attributed partly to the care which has been exercised in formulating the laws, and partly to the respect which the citizenship has had for the mandates of the state. The war, of course, brought some modifications, but the principle of the income tax of pre-war days will likely be continued. Tax Rate. The tax rate is kept comparatively low, and an attempt is made at progression, although it is not logically followed throughout the entire schedule of levies. The lowest rate, six marks from incomes between 900 and 1 Seligman, The Income Tax, p. 214. 294 OUTLINES OF PUBLIC FINANCE 1,500 marks, is a little over one half of 1 per cent, while the highest rate, placed upon incomes over 100,000 marks, is about 4 per cent. The exaction of a fixed number of marks from each grade of income makes the tax regres- sive within the grade that is, the tax is heavier for in- comes just over the lower limit than for incomes just under the upper limit. Exemptions and Abatements. As in the English income tax, exemptions and abatements are granted. All incomes of less than 900 marks (about $214) are not taxed. It is considered that the property taxes and excise taxes, which are used to supplant the income tax, place a sufficient burden upon the poorer class of citizens. Whenever the income of an individual is less than 3,000 marks, a re- duction of 50 marks is allowed for each dependent. The reduction is somewhat different when the income is between 3,000 and 6,500 marks. If the income does not exceed 9,500 marks, any circum- stances which have affected unfavorably the source of income may be taken into consideration by the assessing officials, and deductions be made accordingly. Deduc- tions from income may be made for public, charitable, and religious contributions, interest payments, municipal and local taxes, and payments of various kinds of insur- ance premiums. The Prussian law does not attempt to reach as many classes of incomes as does the English system. Incomes derived from undertakings in other German states are not taxed, nor is the pay of many of the military officers. Insurance payments and sinking funds are also exempt. The income tax as described is supplemented by a tax upon wealth, and at times, when the treasury is in need of extra funds, by a supertax upon incomes. The com- bination of wealth and income taxes is designed to give a system which will impose taxes as nearly as possible according to ability to pay. Collection of Tax. No attempt is made to collect the INCOME TAXES 295 tax at the source, but the amount of income to be taxed is ascertained by a system of declaration and assessment. Information as to the recipients of incomes, and the amounts, is secured by the officials from various sources. On the basis of this information the local officials estimate the amount of incomes of the individuals who will prob- ably be subject to the tax. Every person whose income is more than 3,000 marks is required to make a declaration on special forms which are provided by the officials. Corporations and other companies are required to make a declaration, and must submit, with the report of income, annual reports, balance sheets, and other data, to be kept on file by the fiscal authorities. Failure to make the declaration by a specified time is punished by the imposi- tion of a fine of 5 per cent of the tax, and if the failure extends to a second specified time, the fine is 25 per cent of the tax. There is, of course, some evasion, but it has not been extensive enough to destroy the importance and approximate justice of the system. 154. Many Other Foreign Countries Use the Income Tax. One would not be justified in a book of this nature in even briefly outlining the use of the income tax as it is found in more than fifty countries outside the United States. In some of the countries it forms an important part of the revenue system, while in others its role is comparatively insignificant. The significant feature is that the tax is one of the newest systems of securing revenue, and that its place in the different countries where it is being used is becoming more extended and secure. A brief mention of some of the countries where the tax is playing an important part will reveal the fact that it is found in new as well as in firmly established governments, and in radical as well as conservative states. An outline has been given of the Prussian income tax system because it represents one of the best organized forms of income taxation, yet income taxes have been in 296 OUTLINES OF PUBLIC FINANCE use in the minor German provinces much longer than they have been found in Prussia. In these, as in most of the continental taxes, low exemptions and minute classi- fications are found. The English colonies have followed the lead of the Mother country, and have made extensive use of the income tax. The different states of Australia have well- developed and important income taxes. The Federal government of Canada has not made such an extensive use of this form of revenue as some other countries, although income taxes hold an important place in some of the provinces. These taxes resemble the British plan of comparatively high exemptions, with no definite scale of progression. India has a systematic plan which some- what resembles the British. Italian and Austrian fiscal machinery very early made a place for income taxes, while they have for a number of years played an important part in the revenue systems of Norway, Switzerland, Hungary, Russia, Japan, and the Philippines. France adopted the tax in 1914, but the outbreak of the war interfered with putting it into effect. Many other examples might be given of the use of in- come taxes, but enough have been cited to warrant the conclusion that their use is very general. More than half of the people of the world are now living under the domain of income taxes. These taxes are not used as extensively by Federal governments as by the smaller political divi- sions, although central governments have shown a tend- ency to favor the tax. The comparative newness of the tax is another general characteristic a large majority of present systems having been introduced since the begin- ning of the present century. After this survey of the tax abroad the situation in the United States will be of in- terest to American students. 155. Federal Income Taxes in the United States Have Had No Systematic Development. No emergency of sufficient moment arose for more than half a century after INCOME TAXES 297 the establishment of our national government to force fiscal authorities to utilize every possible source of rev- enue. No attempt was made, consequently, by Federal fiscal authorities, to introduce income taxes until the un- precedented demands of the Civil War presented them- selves. The income tax legislation of the years of this war, and those following, appears to have been on the spur of the moment, and shows evidence of no very mature deliberations of those who were responsible for it. Provisions enacted at one time would often be amended before the date for their becoming effective. Civil War Income Tax. The first bill which provided for a Federal income tax was passed in July, 1861. It was simple, and called for a 3 per cent tax on all incomes in excess of $800. The tax was not to go into effect for a year, and in the meantime a modification had been made. The exemption was reduced to $600 and a system of mild progression added. Under this law incomes from $600 to $10,000, less the $600 exemption, were to pay the rate of 3 per cent, while incomes in excess of that amount were to pay 5 per cent. This act was in effect but a little while before the Revenue Act of 1864 became a law. This provided for a 5 per cent tax upon incomes between $600 and $5,000; 7K per cent on the amount of income between $5,000 and $10,000, and 10 per cent on all incomes over $10,000. Before this law became active, however, a modification was made by which all amounts over $5,000 were to pay 10 per cent. By 1867 the pressure for revenue was somewhat re- duced, and the law passed then, to remain in force for three years, raised the- exemption to $1,000, and reduced the rate to 5 per cent. At the expiration of this law in 1870, it was only with the greatest difficulty that a re- enactment was secured. This was for a period of two years, after which the income tax fell into disuse. Constitutionality. The use of the Civil War income tax was, in a measure, successful. As might be expected, it 298 OUTLINES OF PUBLIC FINANCE was attacked upon the grounds of constitutionality, the contention being that it was a direct tax, and therefore repugnant to the constitutional provision in regard to the levy of direct taxes. The Supreme Court held, however, that the income tax was not a direct tax within the mean- ing of the Constitution, and was therefore constitutional. 1 Administration. At first the unorganized administra- tive machinery was a handicap, but as this became per- fected, and while the motive of patriotism was active, the fiscal returns were large. The largest amount collected in any one year was in 1866, when $72,982,000 came into the treasury. In the following years evasion became more common, and the amount collected in 1872 had fallen to $14,436,000. The total amount collected from the income tax was more than $275,000,000. Most dependence for the determination of incomes was placed in declarations of recipients, although some use was made of the source, and the assessors were given the power to estimate incomes where satisfactory declarations could not be obtained. Penalties were provided for fail- ure to make returns, and for fraudulent returns, but in the latter years of the tax these seem to have instilled little fear into the recipients of incomes. It became a tax upon the honest individual, and consequently unjust. A systematic as well as successful income tax was used by the Confederate government as one of its sources of revenue. 156. Federal Income Taxes Were Attempted in 1894. After the abandonment of the income tax in 1872 revenues were so large from other sources that practically no con- sideration was given to this form of taxation. It was not until 1894 that an occasion seemed to demand more revenue than would come from existing sources. This resulted from a reduction of tariff duties and an enlarge- ment of the free list under the administration of Presi- dent Cleveland. An income tax provision was made a 1 Springer t;s. the United States, 102 TJ. S. 586. INCOME TAXES 299 part of the tariff law of 1894, and was expected to provide the deficiency in the revenue which the reduced tariff rates would occasion. The bill provided for a flat rate of 2 per cent on all incomes above $4,000. Much opposition to the bill developed in Congress on the ground that it was undemocratic, inquisitorial, and the still more serious objection that it was a bid for the sup- port of the poorer classes in a discrimination against the more well-to-do. The high exemption was strongly championed by the Populist party, while nearly the whole of the support of the measure came from the Western and Southern representatives. Law Declared Unconstitutional. The question of the constitutionality of the law soon came before the Supreme Court. 1 This was considered under four separate heads: (1) Was a tax on the income of real estate a direct tax within the meaning of the Constitution, necessitating, thereby, a levy apportioned according to population? (2) Was a tax on the income from personal property a direct tax? (3) Did the law violate the principle of uni- formity? (4) Was a tax levied upon incomes from state and municipal bonds constitutional? The decision on the Civil War income tax was reversed when the court decided that a tax on the incomes from lands was direct, and therefore must be apportioned ac- cording to population. The court in its first decision was divided on the constitutionality of the other points, but at the rehearing decided against the law in every respect. Many considered that this decision settled once and for all the agitation for an income tax, while others began to seek a new method for securing its establishment. 157. The Present Federal Income Tax Was Made Pos- sible Through a Constitutional Amendment. After the adverse decision of 1895, sentiment in favor of the income tax as a source of Federal revenue seemed to gain ground. 1 Pollock vs. Fanners' Loan and Trust Co., 157 U. S. 429. This opinion was rendered in April, 1895; the second was rendered in May, 158 U. S. 601. 300 OUTLINES OF PUBLIC FINANCE Many statesmen, among them President Roosevelt, de- clared in favor of income tax legislation, and believed that a law could be so formulated as to be sanctioned by the court. Laws had been upheld already which imposed taxes on the income of some corporations, and upon inheritances. In its platform of 1908 the Democratic party declared in favor of a constitutional amendment, permitting the Federal government to levy an income tax. President Taft expressed the belief that an amendment was not necessary, yet did not encourage the adoption of the in- come tax during his term of office. The Republican leaders seemed no more enthusiastic, and in order to calm the agitation for income taxes arrangement was made to submit an amendment to the states. As a result the following Sixteenth Amendment was ratified by the requisite three fourths of the states in 1913: " Congress shall have power to lay and collect taxes on income from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration." Tax Adopted in 1913. With this amendment in force, on October 3, 1913, the President signed "An Act to re- duce tariff duties and to provide revenue for the govern- ment and for other purposes/' As in 1894, the income tax law was a part of a tariff bill. This comprises the second part of what is generally known as the Underwood- Simmons Tariff Act. The law is not a detailed piece of legislation, but rather a framework which was to be filled in by rulings of the Treasury Department. No attempt will be made to go into the details in this volume, as many detailed and technical treatises are available. Court Decision. In spite of the amendment, the con- stitutionality of the law was contested in the courts. It was contended that the progressive feature, which classi- fied according to wealth, was unwarranted, unjust, and unreasonable; that the collection at source involved the INCOME TAXES 301 taking of property without due process, as well as the taking of private property for public use without just compensation; and that the retroactive feature of the law it taxed incomes received since the preceding March was unconstitutional. Chief Justice White rendered the decision of the court and upheld the law in every respect. 1 He gave a lengthy discussion of the nature of direct and indirect taxes under the meaning of the Constitution, and of the place of the income tax in this classification. In regard to the points in question the court held that the retroactive feature did not vitiate the law, neither did it violate the due process of law provision of the Fifth Amendment. Tax uniformity required by the Constitution was geographical, and equal protection of the law was not denied by a classification of things and persons. The provisions for collecting the income tax at the source did not deny due process of law by reason of duties imposed upon corporations without compensation in con- nection with the payment of the tax. Where differences existed between citizens, Congress did not transcend the limit of its taxing power by taxing them differently. Other cases involving the law have come before the court, and the decisions have generally served to strengthen the income tax. Incomes Taxed; Rates. The law is inclusive in the per- sons who are taxable. Every citizen of the United States, whether residing at home or abroad, is subject to the tax. All persons residing in the United States, including minors, are subject to its provisions, as also are all persons residing without the United States who receive an income from property owned, or business or profession carried on, within the United States. The tax is divided into two parts the normal tax and the additional tax. The normal tax is a proportional tax of 1 per cent upon the entire taxable income, while the 1 Brushaber vs. Union Pacific Railroad, 240 U. S. 1. 302 OUTLINES OF PUBLIC FINANCE additional tax introduces the progressive feature. The additional tax schedule is as follows: 1% on net income over $ 20,000 but not exceeding $ 50,000 2% " " ' " 50,000 " " " 75,000 3% " " " " 75,000 " " " 100,000 4% " " " " 100,000 " " " 250,000 5% " ' " " " 250,000 " " " 500,000 6% " " " 500,000 The law defined as taxable all profits and income de- rived from salaries or compensation for personal services, or from professions, business, or trade. Incomes from in- terest, rents, dividends, securities, or the transaction of any lawful business carried on for gain or profit, and in- comes derived from any source are included. Deductions and Exemptions. From gross income cer- tain deductions are allowed. Among these are necessary business expenses, but not family, living, or personal expenses; interest on indebtedness payable within the year, and all taxes except those levied for local benefits. Actual losses sustained not covered by insurance, a rea- sonable depreciation, and worthless debts which have been charged off are also allowed. Deduction is also per- mitted of income which has been taxed at the source, and of the dividends of companies whose net earnings are taxable. The exemptions allowed by the law are liberal. An exemption of $3,000 is given to a single person, and $4,000 is allowed to a man and wife living together. All property acquired through gifts, bequests, or descents, and all interest on obligations of the United States or its possessions, are exempt from the tax, as is also the interest on the obligations of the minor political divisions. The compensations paid by all political units, except the United States government itself, are also exempt from the tax. Receipts from life insurance policies, moreover, are not taxed. Method of Collection. Use is made both of collection at INCOME TAXES 303 the source, and of declaration of income. Any person or company which pays to another person or company an amount in excess of the legal exemption, is required to deduct the normal tax and pay it to the proper official. When an income is subject to the normal tax alone, and the entire amount is received from a person or company which has paid the tax at the source, no return of such income is required. Returns of all other taxable incomes are required to be made by the recipient of the income. Penalties are provided for failure to make returns, for making fraudulent returns, and for failure to pay the tax. 158. The Income Tax Was Modified by the Revenue Act of 1916. It was too much to hope that the new tax law would meet with unmitigated success. A heavy bur- den was placed upon the internal revenue department of the treasury in interpreting ambiguous phraseology, and in rendering opinions and decisions of various kinds. The degree of success which the law attained really de- pended upon these officials. While interpretation was all that was necessary in some instances, some conditions developed which demanded a change in the law. The first of the nine titles in the Revenue Act of 1916 consists of the remodeled income tax law. Rates Under Act of 1916. The perceptible changes in the 1916 law do not indicate the amount of consideration which was given to this phase of the revenue. While many changes were made in phraseology, the essential features remain very much the same. The most conspicu- ous change is in the normal rate and in the additional rate. The normal rate is doubled, while the schedule of additional rates under the new law is as follows: 20 1% on net income over $ 2% 3% 4% 5% 6% 7% 20,000 not exceeding 40,000 60,000 80,000 100,000 150,000 200,000 40,000 60,000 80,000 100,000 150,000 200,000 350,000 304 OUTLINES OF PUBLIC FINANCE 8% on net income over $ 250,000 not exceeding $ 300,000 9% ' 10% " 11% 12% " 300,000 500,000 500,000 " " 1,000,000 1,000,000 " " 1,500,000 1,500,000 " " 2,000,000 13% ' 2,000,000 Attempted Modifications. In the 1916 revision much pressure was brought to have the exemption lowered to $1,000. This was unsuccessful, however, because of the administrative difficulties already involved and because of the great increase in these burdens which would ensue from the reduction. Pressure had been brought, too, to abolish the collection at source feature, because of the burden placed upon the companies who were compelled to pay the tax. Some desired that this be changed to information at the source, but this was not done. Other changes which many desired, but which were not made, were the elimination of much unjust double taxation be- cause of the treatment of foreigners, and the recognition of some differentiation in incomes. Important additions were made to this law by the War Revenue Acts of 1917 and 1919. These will be outlined in the chapter on Emergency Financiering. 1 The law of 1916 represents our development of income taxes under nor- mal conditions. Although a recent addition to the Fed- eral revenue system, income taxes have more than proved their worth. In the use of a source of revenue as new as the income tax, a large amount of evasion has been practiced, but this difficulty will decrease as the system becomes better understood and the administrative ma- chinery becomes more perfect. The amount of revenue derived from this source has been considerable, and income taxes are destined to continue to occupy an im- portant place in our Federal fiscal system. 159. Defects Occur in Federal Income Taxation. It is too much to expect that a system so new, and one which has been expanded to such an extent within a short period 1 See p. 465. For changes made in 1921 see p. 483. INCOME TAXES 305 of time, would possess a perfection which leaves nothing to be desired. While there has been no outstanding objection to the plan, and while it has been responsible for a substantial amount of the Federal resources, yet some defects have appeared which it will be well for Congress to heed when attempts are made to remodel the law. One of the first defects to be noticed is the assessment procedure. Practically absolute reliance is placed upon the recipient of the income to turn in the proper amount to the internal revenue collector of his district. After examination the collector may increase the return but cannot lower it. The return is certified by the district collector to the Commissioner of Internal Revenue, who is given a maximum of five years in which to make an official assessment. This assessment occurs when the commissioner has reason to disagree with the assessment the taxpayer has imposed against himself. In the mean- time the recipient of an income continues to pay the tax which he has assessed against himself, with little evidence of official procedure. Closer official scrutiny and pro- cedure than that just indicated would much more nearly accord with American ideas of tax procedure. The strict secrecy with which all returns of incomes are held is another feature of the Federal income tax proce- dure for which there can be little justification. There is nothing about an income which connects it so inseparably with the individual that it should be hidden from the knowledge of every other person. Access to the various returns by officials would give material aid in helping to solve the numerous problems which arise. Many other valuable uses of such information will readily occur to the reader, especially if he be interested in the economic condition of individuals of various groups and occupations. Some of the conditions of the law necessarily inflict undesirable burdens. One of these is the failure to make provision for the recognition of any other tax year than the one provided by the law. This places an unnecessary 30G OUTLINES OF PUBLIC FINANCE hardship on business units whose accounting year does not correspond with the tax year, in that it necessitates additional and difficult calculations. The taxation of the earnings of corporations, moreover, works an injustice upon some recipients of dividends. One individual whose total income may be below the exemption limit may secure a part of it in the form of dividends which have borne the tax, while another individual with the same income from other sources would not be burdened. Some plan of effective and accessible refunds would aid in establishing justice between different individual taxpayers. 1 60. Income Taxes Have Been Used by Several States. The use of income taxes as a part of the fiscal system of states is looked upon by many as an innovation. There has never been a time, however, when one or more of the states has not had the income tax in some form as a part of its fiscal machinery. Even in a number of the Colonies income was used as a partial measure for determining the proper base for assessment. Some of these Colonial taxes were continued long after the state governments were formed. Some states have used the tax rather consistently, while others have made only sporadic and half-hearted attempts to put it into force. The tax at present is used with a greater or less degree of success in twelve or more states. Tax in Wisconsin. The two states which have used the income tax most successfully in recent years are Wis- consin and Massachusetts. Wisconsin has used this form of revenue since 1911, while Massachusetts introduced it in 1916. The Wisconsin tax is assessed against individ- uals and corporations. The law explicitly states who shall be taxed, what deductions and exemptions shall be allowed, the rates that shall be imposed, and the method of administration. An exemption of $800 is allowed to an individual, $1,200 to husband and wife, and $200 for each dependent. The grades range by steps of $1,000 up to $12,000, and the rate is progressive from 1 per cent to INCOME TAXES 307 6 per cent. For corporations the grades range by steps of $1,000 to $7,000 and the rate is progressive from 2 to 6 per cent. Central administrative machinery is provided, which accounts in a measure for the success of the system. The larger part of the Wisconsin income tax has been secured from corporations. The total amount collected the first year was about one and a half million dollars, while the collection in 1918 was nearly seven million dol- lars. The state tax commission characterized the system as follows: l Results have been satisfactory. The increase in the tax ... is gen- eral throughout the state. The gradual and steady increase is doubtless due, first to the fact that . . . there is a steady growth in business from year to year, and second, because of the increased efficiency of admin- istration. The conclusion from the foregoing is that a constant increase in revenue from income taxation may be confidently expected. Tax in Massachusetts. The Massachusetts law does not attempt to go as far as the Wisconsin plan, yet has been remarkably successful as a revenue producer, and as providing an elastic feature to the tax system. Corporate incomes are not included, and progression is not used. Large classes of incomes are exempt, so that little more than personal incomes are included under the provisions of the law. Incomes are classified, and are taxed at dif- ferent rates. The amount collected in 1918 was over fourteen million dollars, more than one third of the amount collected by the Federal government from in- comes in the state. This record outdistanced that of any other state. Tax in Other States. It is significant that four states adopted the income tax in 1919, and that others are con- sidering it. One of the four was New York, and interest centers here since it is the state of many and large incomes. More than one third of the personal income taxes collected 1 Report of the Wisconsin State Tax Commission, 1918, 308 OUTLINES OF PUBLIC FINANCE by the Federal government come from this state. The use of a moderate progression is being attempted. 1 The attempts to use the income tax in the states are so different, are being tried under such a variety of circum- stances, and with such varying degrees of administrative efficiency, that generalizations cannot be made as to its success. The results in such states as Wisconsin and Massachusetts, however, indicate the possibilities of state income taxes when care is exercised in formulating and administering the law. As demands for more revenue present themselves, and as the old system of property taxes becomes more distasteful, a wider use of income taxes as a source of state revenue may be expected. ADDITIONAL READING Kennan, Income Taxation. Seligman, The Income Tax. American Economic Review, vol. iv, pp. 791-815; vol. vi, pp. 837-850. Proceedings of the National Tax Association, 1920, pp. 274-331. 1 For drafts of " model " laws for taxing personal and business incomes, e The Bulletin of the National Tax Association, January, 1921 CHAPTER XIV INHERITANCE TAXES l 161. The Inheritance Tax Is Not of Recent Origin. A somewhat detailed study of the theory, advantages, and defects of the inheritance tax is warranted, because so much importance has been attached to it in recent years, and because this form of revenue is likely to be of impor- tance in the future. To the uninitiated, who come upon its extended discussion in comparatively recent years, this principle appears as a modern development in fiscal policy. The great increase in the need for revenue has led fiscal authorities to attach more importance to taxing inheri- tances, while the piling up and bequeathing of enormous fortunes has led many to look upon the principle as a valuable social weapon. Principally because it can be used to encourage a social equality, and because it acts as a means for a fairer distribution of tax burdens, the inheritance tax has found its most extensive development in the more democratic countries, such as Great Britain, Switzerland, and the United States. Tax in Ancient States. It is an error, however, to con- sider the taxation of inheritances as belonging exclusively to modern fiscal systems. As a matter of fact, some form of levy upon the transfer of property at death dates back as far as authentic records can be obtained. Some traces of the use of the principle can be found as early as 2000 B.C. It appears that a well-defined system of levies on property 1 The material in this chapter is much the same as that contained in an article by the author in The Annals of the American Academy of Political and Social Science for May, 1921, 310 OUTLINES OF PUBLIC FINANCE successions existed in Egypt for a number of years before the Christian era. The Emperor Augustus, moreover, used a tax on property transfers very early after the birth of Christ. He desired to provide a fund for the pensioning of old soldiers and proposed a tax of one twentieth upon inheritances, which he secured by the consent of the Senate only after he threatened to use the direct land tax. No distinction was made between bequests to relatives and strangers, and only a low exemption was allowed. Some of the later rulers somewhat alleviated the strin- gency of the law by the recognition of family ties and dependency, exempting in consequence some of the more direct bequests, such as between mother, father, and children. Still later these exemptions were removed, and the law was made even more stringent than it had been at first, but was again modified before the tax was given up, probably somewhere near the beginning of the fourth century. Tax in Middle Ages. A semblance of the modern in- heritance tax is found in the system of reliefs which existed in the Middle Ages. At the death of a tenant, the right of the tenancy to pass to his heir was recognized, yet some exaction was made by the landlord. As long as the amount could be voluntarily determined by the landlord, extor- tionate demands were often made, which practice led to the establishment of uniform rates by legislation. These duties were found in a number of countries, as well as another class of duties which was levied upon the transfer of property other than land. After the breakdown of the feudal system these duties of course went out of existence. Sporadic attempts were made, however, to use some form of succession levy, especially in the countries on the Continent, which finally resulted in the formulation of permanent inheritance tax laws. It is readily compre- hended, therefore, that inheritance taxes are not products of modern minds, but hare had a long course of develop^ ment, INHERITANCE TAXES 311 162. The Inheritance Tax Was Much Discussed by Early Economists. In their discussion of ways and means for obtaining revenue, the early writers on fiscal subjects generally gave space to a consideration of inheritance taxes. Adam Smith opposed the tax because it did not conform to his canons of taxation, and increased the transfer of capital, which was the basis of productive labor of individuals, to the use of the state, the most of whose activities were unproductive. He did admit, however, that when property descended to others than dependents, it might be taxed without a feeling of any very great inconvenience. Ricardo objected to the tax on the ground that it was a capital levy. His reasoning was that if a man paid a tax of $100 out of a bequest of $1,000, he would have no inclination to save the amount of the tax, but would consider the bequest as one of $900. If, how- ever, he were allowed the bequest of $1,000, and then were assessed the amount of the tax on some objects of consumption, he would retrench expenditures in order to save the necessary amount. Views of Mill and Bentham. While many other early writers found objection to the principle, John Stuart Mill and Jeremy Bentham were advocates of inheritance taxes in the extreme. Mill took the view that inheritances, other than to near relatives, should be abolished; that the amount which could be received by bequest should be strictly limited, and that rates should be progressive. He denied any right of inheritance, and contended that both individuals and society would be better off if no one were freed from the necessity of working by the receipt of a large fortune. Bentham favored the plan because he thought it would produce revenue with the minimum of sacrifice. He ex- pressed his position in the form of a paradoxical question : "What is that mode of supply, of which the twentieth part is a tax, while the whole would be no tax and would not be felt by anybody?" He contended that this situa- 312 OUTLINES OF PUBLIC FINANCE tion would be accomplished if the power of bequest of persons having no direct heirs were regulated, and that all cases of intestacy descent of property when no will had been made be abolished, except in an immediate family. A person who had expected no inheritance would feel no burden if the state took the entire amount. If, however, an estate had been given to him, and then a part taken for taxes, the burden at once would be ap- parent. These opinions are but representative of many expressed by early writers on economic topics. 163. The Inheritance Tax Is Widely Advocated at Pres- ent. It is not necessary, however, to turn to an earlier age to find a defense of the inheritance tax. Much of the earlier opposition has broken down, and ardent supporters may be found among all classes among those interested in social as well as fiscal reform, and among the rich as well as among the poor. It is but natural that those who are socialistically inclined should be its ardent champions, for the tax easily can be made a method for the reduction of large fortunes. Those who are concerned with securing a more equal distribution of the tax burden in accordance with the ability to pay, and who are only secondarily in- terested in social consequences, have come to look upon the inheritance tax as a valuable addition to the fiscal system. Fiscal authorities, both Federal and state, in the severe pressure for funds which has continually arisen within recent years, have been glad to turn to this pre- viously little used source of revenue to replenish an empty treasury. Still others sanction the use of a severe taxa- tion of inheritances, not primarily for an equalization of wealth per se, nor as a source of revenue, but because of the good effects which a limitation of fortunes would have upon the recipients. Views of Andrew Carnegie.* An interesting example of an advocate of the extreme use of inheritance taxes to 1 Mr. Carnegie's views on inheritances are elaborated in his book, Th c Gospel of Wealth. INHERITANCE TAXES 313 secure the result just indicated, was the late Andrew Car- negie. He held, in his numerous speeches and writings, that it was a mark of misguided affection for parents to leave great fortunes to their children, especially to sons. To do so deadens the talents and energies, and results in a less useful life than would otherwise develop. A man, he thought, should be prevented from handicapping his son by bestowing great wealth upon him. He believed, further, that the proper use of great riches was to benefit society from which they had been taken. If, then, men persisted in amassing fortunes without making a just social return, the state should make sure of its proper share by the use of an inheritance tax. He advocated a steeply progressive tax to as high as 50 per cent, and believed that a large part of the needed revenue could be secured from this source, with the feeling of very little burden. Labor organizations of various kinds, as might be ex- pected, as well as the members of the more radical political parties, have been enthusiastic supporters of this principle. Theodore Roosevelt is an example of a national states- man and leader who thoroughly believed in the justice of the tax. 164. Some Justify the Inheritance Tax as a Regulator of Fortunes. There is no part of any fiscal system which has had so many and diverse arguments advanced in its favor as a tax upon the transfer of property at death. These range all the way from arguments of a purely social nature to those justifying the principle as a part of the fiscal machinery. The social arguments, for the most part, look to the limitation of fortunes, and follow closely the ideas of Bentham and Carnegie. Extension of Escheat. One common argument for the inheritance tax is known as the extension of escheat. This is based upon the ground that there is no natural right of inheritance that the state has gone a long way in allow- ing an individual to have control over property while 314 OUTLINES OF PUBLIC FINANCE alive, but would be going entirely too far to allow him to have control over it after death. The disposition of property after death, then, is really a state function, and it is a matter for the state to decide to what extent prop- erty shall be inherited. Under this theory there is little basis for the justification of collateral inheritance 1 while it becomes the duty of the state to decide to what extent, and under what conditions, direct inheritance shall be permitted. Diffusion of Wealth. The argument which has branded the inheritance tax as " Socialistic " has been what is usually known as the diffusion of wealth argument that is, the use of the principle to break up large fortunes. Many proposals have been made, and some laws have been enacted with this idea in mind. It has been proposed, for example, to fix a maximum amount beyond which inheritance would not be permitted, while the rate of progression which has been used more or less reflects the limitation which is intended to be put upon inherited fortunes. The use of the tax for this purpose need not, however, be condemned as a Socialistic measure, for it may be desirable to limit the size of fortunes for other reasons than the mere diffusion or equalization of wealth. If, as Mr. Carnegie contended, the moral, social, and economic efficiency of the state is impaired because the succession of large fortunes destroys the initiative of the recipient, then it becomes the duty of the state to impose regulation. Inheritance taxes, from this viewpoint, would properly come under the jurisdiction of the police power when levied by the commonwealths. Since, moreover, the right of inheritance is not considered a natural right, but one granted by the state, any limitation which the state may see fit to impose must be considered justifiable, and not an encroachment on the right of private property. 1 By a collateral inheritance is meant the devolution of property to non- relatives and distant relatives, as cousins, nephews, and nieces. A direct inheritance refers to one in the immediate family, as between husband, wife, son, daughter, and sometimes brother and sister. INHERITANCE TAXES 315 165. The Benefit Theory Has Been Applied to Taxing Inheritances. Some advocates of the inheritance tax claim that it is only because of the action of the state that, in the first place, there is an accumulation of wealth, and in the second place, that a transmission of this wealth is allowed; consequently, the state is justified in exacting a part of the wealth of the decedent. Expense of Service. The mere transmission of wealth at death inevitably places some burden upon the state, with an accompanying expense. Court officials must be maintained for the purpose of making the transfer in a proper manner, and of guaranteeing the title to property. While these are maintained primarily for the benefit of the public, yet at the same time a special benefit is con- ferred for which it is perfectly proper to make some exac- tion. From the nature of the case, and in comparison with other similar court services, the payment required would be no more than the cost of rendering the service. This would be a fee payment and could scarcely be classed as a tax. The payment would necessarily be small and there would be no place for progressive, nor even pro- portionate rates. A uniform charge for a bequest of any size would be the most logical, since the cost to the court would vary but little with the size of the estate. This principle is the chief consideration in some of our states in their laws relating to the levies placed upon inheritances. Value of Service. A more strict application of the benefit theory is found when it is claimed that a state should exact an amount based upon the value of its serv- ice to the recipient of the transfer. The argument goes back to the principle that there is no natural right to transfer property after death. Since this is true, the state has conferred a benefit upon the recipient by establishing the institution of inheritance, and thereby making it pos- sible for the transfer to exist. A valuable benefit has thereby been conferred, and payment should be exacted 316 OUTLINES OF PUBLIC FINANCE for this benefit. The state furthermore looks after the safe transfer of the property, and places the title securely in the hands of the recipient, which enhances the value of the benefit. The difficulty with this argument is the diffi- culty with the whole theory of benefit as a base for taxes. To measure accurately the value of these benefits in each particular case would be impossible, and the justice of the tax would then vary according to the accuracy of the measurement. Partnership of State. Still another application of the principle of benefit is found in the concept that the state is a partner to the accumulation of wealth, and at the death of the holder is entitled to its share, rather than have the whole estate pass to some one who was only remotely, or not at all, instrumental in its production. Since it has been through the contributions of society that large fortunes have grown, society has the right to demand some return. This return may be secured through a con- tribution to the government at the death of the holder of the accumulated fortune. The difficulty of measure- ment again presents itself in both of these cases. That the state and society are instrumental in the accumulation of individual wealth is an outstanding fact, and it is for such intangible and immeasurable services that taxes in general are partially levied. The principle of benefit, how- ever, in tax levies, has been all but discarded. 1 66. The Inheritance Tax Conforms to Modern Fiscal Concepts. A consideration of justice in taxation reveals that, through a process of evolution, the most commonly accepted principle for the levy of taxes is ability to pay, with perhaps some consideration for the utilitarian prin- ciple of the greatest good to the greatest number. To students of fiscal problems, at least, a study of the inheri- tance tax from this standpoint assumes the role of primary importance. Many arguments have been advanced to justify its place in fiscal systems, some of which are worthy of review. INHERITANCE TAXES 317 Payment of Back Taxes. One of the earlier contentions for the tax was that it was but a collection of the taxes which had not been paid while the fortune was in the process of accumulation. This is commonly called the back tax argument. The reasoning has been effective, and not without foundation, because of the widespread evasion of personal property taxes. In fact, this argu- ment, perhaps, has been used more extensively than any other in securing inheritance tax legislation. From the point of pure justice, however, the reasoning cannot stand. The evasion of taxes for different accumulations of wealth has by no means been the same, and yet it is impossible to attempt any discriminations on the basis of the extent that taxes have been evaded. In this respect it is a tax which falls alike upon the just and the unjust. A slightly different argument, and one whose force is somewhat diminished since the extensive introduction of income taxation, is that the inheritance tax represents the payment of a tax which should, in justice, have been levied during the life of the decedent. It is simply ac- cumulation of past property taxes, or income taxes, which were never levied and which are collected at the most convenient time when the individual has no more need for his accumulations. Conformity to Ability to Pay. The inheritance tax, in large measure, conforms to the principle of ability to pay. The payment of no other tax is perhaps so lightly felt. It is paid after the property leaves the hands of the de- cedent, and before it reaches those of the recipient. An inheritance is a sudden and often unexpected receipt of property. This additional property creates taxpaying ability, but never is the ability so great as before the property enters into the activities of the benefactor. In a few cases, of course, this increase in ability fails to materialize, as when a provident husband is taken from a wife and dependent children. Such situations are the exception, however, and can easily be cared for by the 318 OUTLINES OF. PUBLIC FINANCE formulation of the law. The tax may be the source of much revenue, with a minimum of sacrifice and a small derangement of enterprise, and in this respect corresponds to the modern utilitarian ideals of justice. It is not surprising to find persons who are recognized as conservative and yet who are ardent enthusiasts for the inheritance tax. With the constant growth in the functions of the state, the demands for revenue from the old sources began to cut deeply, and some relief through this little-used source is looked upon with pleasure. The ease with which the burden is carried also makes a strong appeal. Where to get the funds to carry on many desir- able state functions is a pressing problem for which the inheritance tax may be used as a partial solution. Many believe, further, that a proper use of this tax would cure much of the Socialistic agitation against wealth, since there is very little unearned and idle wealth outside of inheritances. 167. Many Objections to the Inheritance Tax Are Weak. Blakemore and Bancroft, in their book on inheritance taxes, say: Firmly entrenched in a long and honorable history, with the en- dorsement of the leading economists of ancient and modern times, and approved by the present practice of most civilized governments, he would be indeed brave who should attempt to attack the theory or validity of any sane inheritance tax from an economic standpoint. 1 Professor Underwood has characterized the tax as follows : A defense of the taxation of inheritances is superfluous. Its exist- ence in all but a few of the civilized nations, and in all but a few of the more backward states, is its chief defense. 2 Use as Penalty. These quotations indicate with what esteem the inheritance tax is looked upon. Most of the objections arise to some of the reasons for advocating the 1 Blakemore and Bancroft, Inheritance Taxes, p. 9. 2 J. H. Underwood, State and Lqcal Taxation, ypl. i. p. 211., INHERITANCE TAXES 319 tax, and because of difficulty in getting a proper adminis- tration of the law. The use of the tax to penalize fortunes which have been amassed in an illegitimate or fraudulent manner, is open at once to the objection that there is no way of differentiating the rate directly with the amount of evil connected with securing the estate. Rates have been made to vary with size of the bequest, and with the degree of relationship, but neither of these is any indica- tion of the manner by which the bequest originated. Many small accumulations involve a larger amount of dishonesty than many of the larger ones, and to penalize them properly the rates would necessarily be regressive. This, however, cannot be used as an objection to the tax, but only to its use for a particular purpose. Tax upon Savings. The objections that the tax will discourage savings, and that it can be easily evaded by gifts before death, really have little foundation. In fact, few taxes tend to discourage savings as little as a tax which does not come until after death. To most individ- uals this appears as an event in the remote future, and a tax at such a time will have little influence on present property accumulations. It may, on the other hand, in some cases, be an incentive to greater savings. To the provident husband and father, who wishes to leave a certain legacy to wife or children, the certainty of a tax deduction will necessitate the accumulation of a larger amount. Until a material change occurs in human nature, the evasion of the tax by a distribution of property before death will be insignificant. Most men wish to retain their property while they are alive, and would rather the state secure a part of it at death than give up the privilege of retaining it in their possession while they are yet alive. Tax of Varying Frequency. The objections that the tax falls with varying frequency upon different accumula- tions, and that it falls upon capital rather than upon income, are no more serious. It is no doubt true that transfers of property occur more frequently in some fam- 320 OUTLINES OF JPUBLIC FINANCE ilies than in others, and when this situation exists a greater percentage passes to the state. The burden, however, is felt by a different individual with each levy of the tax it falls upon a newly created ability to meet a tax burden. Any hardship which may arise in the case of direct heirs can be alleviated by a system of exemptions, or by allow- ing a lapse of a certain number of years before a second tax will be placed upon the same property. That the burden falls upon capital is sometimes true, and it often happens that the tax is met from current income. As long as the receipts go into the general fund, the demand for revenue from other sources is, to that extent, lessened. What is paid in inheritance taxes does not have to be collected from income or other taxes. A larger amount of income can consequently be saved to replace or add to the existing amount of capital. Any tax will directly or indirectly fall upon the accumulation of capital, and the inheritance tax errs here to no greater extent than other taxes. 1 68. The Courts Have Strengthened the Position of the Inheritance Tax. Hundreds of cases involving different aspects of the inheritance tax have come before state and Federal courts, and with but few exceptions the decisions have given this form of revenue a firmer place in fiscal systems. Nothing more will be attempted here than to mention a few of the more important aspects of the tax which have been established. 1 The constitutionality of this form of tax was formerly an important question. In regard to this Ross says: The constitutionality of the general principles of inheritance taxa- tion has been affirmed by a multitude of decisions, so that the com- petency of Congress, or the legislatures of the several states, to impose an inheritance tax is universally conceded. The inherent justice and 1 Those who desire to go extensively into this aspect of the inheritance tax will do well to consult the exhaustive work, Inheritance Taxes, by Blakemore and Bancroft, and a similar work by P. V. Ross, Inheritance Taxation. INHERITANCE TAXES 321 wholesomeness of this system of taxation have so appealed to the judicial mind that all the assaults that wealth, in its aversion to bear its just burdens, has conceived, have proved unavailing. The general doctrine that a state or the United States may raise revenue, and in bountiful quantities, by levying tribute upon estates in the course of transmission from decedents to their successors, is no longer doubted, and most of the attacks now made upon inheritance taxation are upon other than constitutional grounds. 1 The use of the tax by the Federal government has been sanctioned by the courts on the ground that it is an indirect or excise tax, and therefore does not have to fol- low the rule of apportionment. It has been held further that this comes under the taxing power of the Constitu- tion, and is not undertaken for the purpose of regulating the transmission of property. Since the state govern- ments are governments of residual powers, there is no restriction upon their use of the inheritance tax unless the restriction be imposed by their own constitutions or statutes. The use of progressive rates has been held not to infringe upon the uniformity clause of many constitu- tions that taxes shall be levied uniformly. Inheritance Not a Natural Right. The courts of nearly every state those of Massachusetts and Wisconsin being the principal exceptions have held that the right of in- heritance is not a natural right, but a privilege created by the state, and subject to whatever regulations the state may see fit to impose. It has been frequently held that the tax is in the nature of an excise or franchise tax on the succession of the property, and not on the property itself. As one decision describes it, it is not a tax upon the property or money bequeathed, but a diminu- tion of the amount that otherwise would pass under the will, and hence what the legatee really receives is not taxed at all. It is that which is left after the tax has been taken off. It is imposed only once, and that is before the legacy has reached the legatee and before it has become his property. 2 1 P. V. Ross, Inheritance Taxation, p. 20. 2 7/i re Finncn, 19G Pa. St. 72. 322 OUTLINES OF PUBLIC FINANCE Some courts have held, however, that the tax is on the right to receive property rather than on the permission or the right to transmit it. Properly understood, it is not the right to transmit, but the right and privilege to receive, that is taxed. ... It is clear that the right is dis- tinct and separate from the property itself, and the state may tax this right to receive property. 1 This brief summary of a particular line of decisions in- dicates how firm a legal footing the inheritance tax has attained. Litigation involving inheritance tax laws still arises at times, but it seldom has to do with the consti- tutionality or the power to impose such a tax. Many technicalities have arisen, but none of the decisions have vitiated the principle of inheritance taxes. As far as any difficulties may have existed in the past from the legal viewpoint, they may now be considered as practically settled, and legislative bodies may feel themselves free to make an extended use of the tax if they have not already done so. 169. Problems Arise in Formulating Inheritance Tax Laws. The principle of the inheritance tax may be con- sidered just, and the conclusion may be drawn that it unquestionably deserves a place in fiscal systems. This, however, does not preclude the appearance of serious problems in its adoption and use. Some of the questions which immediately present themselves are: What shall be considered an inheritance for the purpose of taxation? What exemptions shall be allowed? What distinction shall be made between near relatives, distant relatives, and strangers? What rates shall be applied? Shall they be progressive, and to what extent? What provisions shall be used to prevent evasion, or to prevent the tax from becoming unduly harsh upon particular estates? Deductions and Exemptions. The first of these questions raises the problem as to what should be deducted from the 1 State vs. Ferris, 53 Ohio St. 314. INHERITANCE TAXES 323 gross amount of an estate in order to determine the proper base for the levy of the tax. All just obligations against the estate, for example, should be deducted. Other deductions, however, which are sometimes permitted, are not always so easily justified. Payments from life insur- ance policies are usually not considered a part of an es- tate, yet very frequently the payment of insurance premi- ums is looked upon primarily as an investment with the payment at death as the return. This is more true of the extremely large policies, and no good reason appears for allowing their deduction. Closely connected with the proper deductions is the de- termination of the amount of exemption to be allowed, and differentiation according to the degree of relationship. The soundest approach to a solution of these problems is through an attempt to measure the relative abilities con- ferred by the estate. In the case of a small amount left to a widow or dependent child, there is evidently no in- crease in ability to meet burdens, and consequently no tax should be levied. Where the estate is large, however, a tax may be levied, and no appreciable hardship will result. In the case of distant relatives and strangers in blood, the income is much more of an accidental nature, and consequently less reason exists for allowing an exemp- tion. The nature of the recipient has also, at times, justly received consideration. Bequests to public, religious, and charitable institutions, for example, have not been con- sidered as subject to the inheritance tax. Inheritance Tax Rates. The question of the rate which shall be levied is also of importance. Shall it be low or 'high, proportional or progressive, and to what degree should it vary for direct and collateral heirs? As to the size of the rate, there has been absolutely no uniformity. In some countries it has been high, and in others very low, while many variations exist in parts of the same country. The rate will be governed somewhat by the purpose which the tax is designed to accomplish. If it is 324 OUTLINES OF PUBLIC FINANCE designed to prevent the succession of large fortunes, the rate will doubtless be high. If it is considered that the state should exercise little interference with property transfers, the rates will be low, as they will be, also, if it is feared high rates will cause evasion. There has been little question concerning the advis- ability of progressive rates, but much discussion has arisen over the steepness of the rate of progression, and how it should be affected by relationship. Those who would limit the amount of wealth which can be transferred to a comparatively small amount, would have the rate steeply progressive to 100 per cent. Others would have it only moderately progressive on bequests to direct heirs, steeply progressive on bequests to near relatives, and still more steeply progressive on bequests to others. It is important, too, when a progressive rate is levied, whether the base for the levy be considered the estate, or the individual share in the estate. Suppose that in an estate of $100,000 one individual is to receive $10,000, another $40,000, another $30,000, and still another $20,- 000. If the tax were a proportional rate of 5 per cent it could make no difference whether it were levied upon the entire estate or upon each individual share. If a progres- sive scale were in force, say, with an exemption of $10,000, a 5 per cent tax on amounts between $10,000 and $50,000, and a 10 per cent tax on amounts between $50,000 and $100,000, the difference between considering the estate, and each individual share as the base, becomes at once noticeable. Only a few attempts have been made to use the size of the estate as the base for the tax, and these have either been refused by the courts or given up for other reasons. Evasion and Injustice. The gradual increase in the use of the inheritance tax, together with an increase in the rates, has increased the likelihood of evasion, and has magnified any injustices which exist in the system. With the increase in rates, the temptation to dispose of prop- INHERITANCE TAXES 325 erty before death increases. Cognizance has been taken of this, and in many cases " transfers of property in con- templation of death" have been made subject to the tax. The courts have rather consistently held that the burden of proof in such cases rested with the state, which resulted in few proofs being attempted. A more recent develop- ment has been legislation to the effect that all transfers of property within a certain period previous to death shall be considered as transferred in contemplation of death, and hence subject to the tax. In Wisconsin the period is six years. Recognition is sometimes made of the fact that some successions may be made more rapidly than others. If a son should die, for instance, and leave an estate to his father, it is likely a second bequest will follow much sooner than if the transfer had been in the opposite direction. Laws sometimes provide that a sec- ond tax will not be exacted if one has been paid within a certain number of years. Taxation of Gifts. The attempt to tax gifts in contem- plation of death has led to much litigation and injustice. The length of tune one lives after he disposes of property has little to do with the ability of the recipient to meet the tax burdens. Neither is there any assurance that one year or ten years will measure the time within which death will be contemplated. Any length of time decided upon must be arbitrary, and much injustice will result. But why attempt any such measurement? Since in- heritance taxes are justified on the basis of ability to pay, there is no good reason for treating a gift, whenever made, any differently from a transfer of property after death. The case is strong, indeed, for the levy of a tax upon gifts whenever made at the same rate as one levied upon the transfer of property at death. The time element has little to do with the situation. A gift at one time is just as much a fortuitous income as at some other time; it may be just as much unexpected at one time as another; just as much taxpaying ability exists in a gift before 326 OUTLINES OF PUBLIC FINANCE death as in the receipt of property after death; as in the case of an inheritance, an ability has been created which will never again be so great. A tax upon gifts, therefore, conforms closely to the ability to pay principle. The taxation of all gifts would simplify present inheri- tance tax administration, and would be conducive to a greater degree of justice than where an attempt is made to tax only those gifts made in contemplation of death. The same rates should be placed upon gifts as are levied upon inheritances, with the same exemptions as well as the same differences for near and distant relatives or strangers in blood. 170. Conflicting Jurisdictions Create Serious Problems. The existence of a number of political units, whose interests are not separate and distinct, and the attempt of each to adopt a form of taxation designed for its own needs, with little consideration for those of its political neighbors, has caused many serious problems to those seeking to secure justice in taxation. This situation has enhanced the problem of securing just inheritance taxa- tion, and has manifested itself in particular in the United States, with its many political divisions. A few of the states do not use the tax, while in the others it varies from a half-hearted attempt to secure a little revenue from col- lateral heirs to highly progressive rates upon all estates. rfThe laws not only lack uniformity in respect to rates and progression, but in the bases upon which the tax is levied. The result is that some estates are subject to more than one tax, while others escape the tax that they are really expected to pay. Domicile of Decedent. To a large extent the inheritance tax is placed at the domicile of the decedent. Since the burden varies to such an extent in the different states, it becomes profitable, in the case of large estates, to change the place of residence to a state with lenient considera- tions toward bequests, although no change be made in the business, or property, or economic interest. Because INHERITANCE TAXES 327 of the increasing adoption of the income tax as a source of state revenue, the selection of a suitable domicile will assume an aspect of even greater importance. A state which is lenient in the matter of income taxes, as well as in the levy of inheritance taxes, is bidding to become a popular place of residence for men of wealth. This is noticeable in the Eastern states, where the states are small and where there is a large amount of wealth. The possibility of this result, no doubt, has had much to do with keeping a number of states from making a greater use of inheritance taxes. They have feared to increase the severity of the burden beyond that of neighboring states lest the wealthy citizens change their place of domicile. Situs of Property. The state frequently imposes an in- heritance tax upon the basis of situs of the property, and upon the personal property of individuals living in the state. Many states go farther, and impose the tax upon shares in domestic corporations, while many go still farther and place the tax upon shares of corporations within the state owned by a nonresident. Some tax the shares at their physical location; for example, shares of stock deposited in a bank for safe keeping, no matter where the residence of the owner. Some have even used indebtedness as a base that is, bonds would be taxed in the state from which issued, no matter w r here the owner lived or died. The resulting complexity of the use of these diverse attempts can easily be imagined. Two, three, four, and even five taxes may be collected from one estate the in- justice of which no one will deny. Suppose an individual dies in state A, who was a citizen of state B, owned $100,- 000 worth of bonds of a corporation chartered hi state C, the actual property of which was in state D, while the bonds were in a safety vault in state E. The inheritance tax law of A taxes the property of every decedent of the state, B that of every citizen, C the bonds of corporations 328 OUTLINES OF PUBLIC FINANCE chartered within the state, D the property where located, and E the situs of the bonds. In this case the bonds would bear the tax rate in force in each of the five states. This, of course, would be an extreme case, yet examples of double and triple taxes upon estates are not uncommon. Stability and Uniformity Desirable. This chaotic con- dition is far from satisfactory. The expense and delay in settling estates is often increased many fold, while the rulings of the courts have become so numerous and so hair-splitting as to add greatly to the complexity of the situation. The instability of the various laws, moreover, is not conducive to the comfort of investors. Nineteen states modified their laws in 1919. The law in New York State has been amended more than forty times since its adoption in 1885. One never knows what may be the condition a few years hence. While no single state im- poses an excessive burden upon estates, yet the piling up of double and multiple taxes may develop an excessive burden and even necessitate a dismemberment of the property in order to be able to pay the tax. While a better situation is unquestionably desirable, a remedy seems far to seek. Some uniform system which would eliminate double taxation would be the logical solution. To secure cooperation among the states each with its own selfish interests paramount- to the end of a uniform method of inheritance taxation is too much even to hope for. The recent reentrance of the Federal gov- ernment into this field of revenue, however, presents a possible solution, improbable as it may seem. Uniformity could be secured by the various states giving up their diversified systems, and allowing the Federal government to occupy the field with a uniform law. The machinery of transfer located in the states would, of course, have to be used, and the Federal government could distribute back a part of the revenue collected. Rates, in this case, could be high enough to make the system a powerful source of revenue. Practically unsolvable problems arise, INHERITANCE TAXES 329 however, in securing the consent of the states, and in finding some practical basis for redistributing the amount collected back to them. Advantages of Tax. In spite of the difficulties, however, the inheritance tax is destined to play a role of much greater importance in the fiscal systems of our states, and probably in that of the Federal government, than it ever has in the past. Its outstanding advantages cannot but be favorable to its further extension. The opportunity for fraud and evasion is minimized, since the machinery of the courts must be used in making the transfer of property. The receipts come in throughout the year, with few payments compared with the amount of revenue received. For large political units, moreover, the yield is remarkably uniform. It is a tax well suited to provide an elastic feature a rise in the rates will not cut off the source of the tax by causing fewer deaths, although it may lead to greater evasion. The incidence of the tax, moreover, is certain a definite amount is taken from the estate before it reaches the recipient the burden falls upon him, and he cannot shift it. It is a tax which conforms well to Adam Smith's four canons: it falls according to ability, is certain, is paid at the time most convenient, and should be an inexpensive tax to collect. 171. The Federal Government Has Not Regularly Used Inheritance Taxes. The inheritance tax has found a place in the fiscal system of the Federal government at several different times. Generally this has been in times of emer- gency, when the primary object was to secure more rev- enue. As early as 1794 recommendations were made for a tax upon the succession of property at death. The first law which placed a tax of this nature was passed in 1797, and remained in force until 1802. Direct heirs were exempt from the tax, while others were taxed only on the excess above $50. The rate was twenty-five cents when the amount was not more than $100; from $100 to $500 330 OUTLINES OF PUBLIC FINANCE it was fifty cents; the tax on $500 was one dollar, with an additional dollar for each increase of $500. While this was perhaps more the nature of a fee, we find, early in the levy of a rate upon legacies, the recognition of the prin- ciples of progressive rates, and a differentiation on the basis of relationship. Tax of 1862. Other recommendations were made after the repeal of this law, but Congress enacted no similar legislation until 1862. This levy was of two kinds one known as a legacy tax, and the other as a succession tax. The rates were progressive, ranging from 1 per cent to 6 per cent, with an exemption of $1,000 allowed. They were repealed in 1870, the revenue having increased from about a half million dollars the first year of use to nearly three million dollars the last year. This last represented a little less than 2 per cent of the total internal revenue receipts. Tax of 1898. Taxes upon inheritances and gifts were included in the ill-fated income tax law of 1894. In 1898, however, they were again introduced as a means for securing additional revenue. The law, which was re- pealed in 1902, differentiated between degrees of rela- tionship, and used progressive rates which went as high as 15 per cent for collateral heirs. The act was productive of revenue; in 1902-03 it supplied more than 2 per cent of the internal revenue receipts. As an aid to secure revenue to finance the Great War, inheritance taxes were again called into use. These will be discussed in the chapter dealing with emergency financiering. There is much disagreement as to the use the Federal government should make of the inheritance tax. Many authorities hold that this field of revenue should be left entirely to the exploitation of the states, the expenditures of which are continually on the increase, while their sources of income are more or less limited. On the other hand, the needs of the Federal government have increased greatly, and these must be met from revenue. The larger INHERITANCE TAXES 331 the percentage that can be collected from inheritance taxes, the less there will be to be collected from some more burdensome source. There is no good reason why both the Federal government and states should not use the tax, nor why they should not cooperate in making the tax uniform and just. 172. Inheritance Taxes Are Important in the Fiscal Sys- tems of Some States. Ever since Pennsylvania adopted the principle of the inheritance tax in 1826, it has been embodied in the fiscal system of one or more of the American states. Its importance has greatly increased, however, during the last twenty-five years, until in 1920 forty-five of the forty-eight states were using some form of the tax. As the needs for revenue become more pressing, as the legislators become educated to the merits of the tax, and as more cooperation can be de- veloped among different states, a much more thorough use of this form of taxes can be expected as a source of state revenues. Examples of State Taxes. The inheritance tax laws in our states have taken on nearly every conceivable form. The early Pennsylvania tax was 2J/ per cent placed upon the transfer of property to collateral heirs. An exemption of $250 was allowed. Two years later Louisiana placed a tax on property going to foreign heirs. Gradually other states were added to the list, and as the years went by amendment was placed upon amendment, the courts be- came more favorable, until the system as it is found at present resulted. Space does not permit a survey of the laws found in the various states, nor, because of the changes which are imminent in many states, would any survey, which might be made now, be of any particular value in a few years. The outstanding features of only a few laws will be noted. The state of New York, through the amendment adopted in 1911, is considered to have one of the most model inheritance tax laws. An exemption of $5,000 is 332 OUTLINES OF PUBLIC FINANCE made to direct heirs, and $1,000 to collateral heirs. The rates are as follows: Above exemption, up to $ 50,000, 1% for direct, 5% for collateral From $ 50,000 " " 250,000, 2% " " 6% " 250,000 " " 1,000,000, 3% " " 7% " All above $1,000,000, 4% " " 8% " The law also seeks to avoid double and multiple taxation, such as was described above. The estates of residents are taxed upon tangible property within the state and intangi- ble property wherever it may be situated. No tax is placed upon the intangible property in the estates of non- residents, and only their tangible property within the state is taxed. The intangible property includes such items as money, bank deposits, shares of stock, bonds, notes, credits, etc. Bequests to religious, educational, and char- itable institutions, whether within or without the state, are exempt from the tax. Recent legislators, however, have shown some disposition to recede from this tolerant attitude, and some of the former exemptions have been removed, as, for example, the shares of stock of domestic corporations and New York national banks in the hands of nonresident decedents. Some of the other states have modified their laws so as to conform more nearly to justice. No doubt the un- selfish influence of New York has had its effect. Califor- nia was one of the first states to follow the example, yet went much farther in the steepness of rates. The rate on bequests to direct heirs is progressive from 1 to 5 per cent, while to collateral heirs it ranges from 2 to 25 per cent. The fact that most states have introduced the tax by placing it first upon collateral inheritances and then gradually extending it to include direct inheritances, is still evident. A few years ago many states used the col- lateral tax, with no tax upon the direct transfers of prop- erty, and this is still true in a few cases. Gradually, how- ever, direct inheritances are being included in the tax, INHERITANCE TAXES 333 although with higher exemptions and lower rates than for collateral inheritances, until it is likely that the time is not far distant when direct inheritance taxes will be used in all the states where the tax on collateral transfers is now found. The abundance of revenue from other sources has made the American states somewhat slow in seizing upon the inheritance tax as a part of their fiscal systems. The tax is one, however, that appeals to public sentiment, and without doubt it has come to stay. As years go on it will be found to occupy a place of increasing Importance in our sources of revenue. 173. The Inheritance Tax Is Used Extensively Abroad. A study of the use of the inheritance tax in foreign countries reveals how dilatory America has been in seizing upon the principle. The tax has been extensively used in Switzerland, Spain, Sweden, Holland, Italy, Germany, Greece, France, Russia, England, Ireland, Canada, Aus- tralia, Belgium, Portugal, Austria, and many other coun- tries. Highly progressive rates are found in many of these countries, particularly in France, England, Australia, and Switzerland. The tax seems to have had its broadest de- velopment in the more democratic countries. To go into the study of the inheritance tax in these foreign countries would take us too far afield. A brief glance at a few of them, however, will be worth while for the purpose of comparing them with the taxes used in the United States. England has used the tax since 1780. Amendments have been made until the tax takes three forms: one on the general estate, one on the personal property, and one on real estate. The amounts are grad- uated and taxed at a progressive rate, ranging from 1 to 23 per cent. In France the maximum rate imposed upon collateral inheritances is over 20 per cent, while the maxi- mum rate upon direct estates is about 5 per cent. In Italy and Germany the rates have been somewhat higher. The Australasian and Canadian provinces have followed 334 OUTLINES OF PUBLIC FINANCE the lead of the Mother country, and are making extensive use of the tax with steeply progressive rates. Since the inheritance tax so admirably supplements in- come taxes, and since each has become so deservedly popular, it is not too much to predict that each will hold a place of vital importance in the revenue systems, not only of Federal governments, but also of the provinces and states. Because of its backwardness in the past the United States may be looked upon to furnish examples of the most rapid extension of the use of inheritance taxes during the next few decades. ADDITIONAL READING Max West, Inheritance Tax. Blakemore and Bancroft, Inheritance Taxes. Seligman, Essays in Taxation, chap. v. Proceedings of the National Tax Association, 1913, pp. 283-320; 1919, pp. 273-293; 1920, pp. 78-95. CHAPTER XV TAXATION OF CORPORATIONS 174. Different Causes Have Placed Special Taxes on Corporations. The introduction of the corporate form of industry was heralded with delight, and corporations were looked upon and treated as a class of public benefactors. Valuable concessions, in the form of bounties and exemp- tions, were granted by municipal, state, and Federal legis- lative bodies to foster the development of this form of industry. These concessions have taken various familiar forms. Protective tariffs, for example, have been granted to the benefit of particular industries, while the financial assistance and large land grants, by which the railroad companies were subsidized, are familiar to all. Aside from this, many exclusive and irrevocable franchises were granted, while immunities were often extended from exist- ing legislation. This was particularly true of tax laws in their application to public utility companies. Provision was frequently made that no taxes would be collected until the company had been in operation a certain length of time, nor even then, unless the net income were a cer- tain per cent of the capital stock. Under such favorable circumstances it is self-evident why these organizations had a phenomenal growth, and why they became powerful institutions. Hostile Attitude of Public. With the growth of their in- dustrial and political strength, corporations began to as- sume the attitude that the public existed for their benefit rather than that they were brought into existence for the benefit of the public. With the unfair practices which 22 336 OUTLINES OF PUBLIC FINANCE arose, and the unreasonable demands which were pre- sented, the public soon became convinced that special immunities should no longer be granted. It was awaken- ing to the fact that it was being exploited by companies that had been granted long time or perpetual franchises, with no reservations to protect the niter ests of the public. A franchise, it began to appear, no longer primarily con- veyed the idea of service to the public, but appeared to grant the right to exploit the public. When the people began to realize the value of these rights which they had so lavishly bestowed, and when they turned to attempt to correct the evil which they had brought upon them- selves, no weapon seemed so readily available as increased taxation. The first step was to abolish special favors and immunities which had been granted, and then the attempt was made to apply the existing tax laws to corporate property. Use of Existing Taxes. Practically the only tax in existence at this time was, of course, the general property tax, and the attempt was made to reach the value of cor- porate property through its channels. The tax laws of most states made the property of all persons in the state subject to assessment and taxation, and corporations fre- quently attempted to escape on the ground that they were not persons. The courts, however, uniformly took the opposite view, and eliminated this difficulty. The use of the general property tax, when applied to corporations, was even less satisfactory than were the results in reaching other kinds of property. The burden of the assessment was placed upon the local assessor, who was either incapable of making proper valuations, or else unable to do so. The inequalities of assessment have been outstanding. Assessors in some districts have either had different bases of valuation, have possessed better facili- ties for locating values, or have been more or less deter- mined to secure a full valuation than assessors of other districts. The stocks and bonds of corporations, which TAXATION OF CORPORATIONS 337 were supposed to be assessed, generally escaped. The ac- curate valuation of a large factory with its machinery, raw materials, goods in the process of making, and stock of finished products, is beyond the possibility of accurate assessment by the average local assessor. Particular dis- tricts, moreover, have frequently offered freedom from heavy tax burdens, as a special inducement for corpora- tions to locate in their midst. Outstanding Inequalities. These inequalities are es- pecially marked where the property of a corporation is located in different assessment districts, as is the property of railroads. Assessors have no satisfactory way of placing a value upon such part of the road as lies within their jurisdiction, and yet some valuation must be made. Ex- amples are numerous in which the assessed valuation per mile in contiguous districts has varied many thousands of dollars. Some districts have sought to pay the school expenses from such taxes; others, the maintenance of highways, while others have been negligent in attempting to realize any return from corporations. The stipulation has usually been made that the capital stock is to be taxed at the location of the principal office, which one would naturally suppose would be located where the majority of the business is to be found. Cor- porations, however, soon discovered the advantage of stipulating that the principal office of the company be in some out-of-the-way district, where the taxes were low, or where the assessors had no idea that a corporation had its principal office in their midst. The capital stock of some corporations was consequently burdened with taxes while that of others escaped. The result of these situations was that corporations, as a whole, were so unequally and inadequately taxed that the public began to demand that special taxes be placed upon them. From the above sketch it might be said that this demand arose from three causes: the rapid growth in extension and power of the corporations, the change ha 338 OUTLINES OF PUBLIC FINANCE the attitude of the public toward their nature, and the in- ability of existing methods of taxation to reach corpo- rate values. 175. Special Corporation Taxes Take the Form of Fran- chise Taxes. Corporations usually have not been re- lieved from the assessments of local taxing districts, but the demand for heavier burdens against them has resulted in the imposition of additional taxes, usually by the state, which are designated as franchise taxes. As the name indicates, they represent an exaction for some special privilege, which a corporation is supposed to possess. These privileges may be of a different nature, but so far as concerns the levy of taxes, three classes are usually distinguished the franchise to become, the franchise to be, and some form of a special franchise other than these two. Kinds of Franchises. A franchise to become a corpora- tion is a comparatively simple concept. It is the right which the state gives to an organization to pose and act as an individual. It is an act of the state, done once and for all, but which has a value to the organization. A condition of much greater importance, however, is the continuance of the corporation from year to year, and the enjoyment and advantage which this form of organiza- tion gives over the individual or partnership. It can be readily seen that this is the important form of corporation franchise, and it is in connection with the taxation of this franchise that many of the difficult problems have arisen. Special franchises arise when some outstanding advan- tage is granted to particular corporations that are not enjoyed by others. The best example of this form of franchise occurs in the use of public highways and streets by such public utility companies as telegraph and tele- phone companies, water and lighting companies, and street railways. The Incorporation Fee. The taxation of the privilege to become a corporation is comparatively easy, and is usually accomplished through the collection of an incor- TAXATION OF CORPORATIONS 339 poration fee. No uniformity exists in the various states as to the amount of this fee. Since it is paid only once, however, this variation has little to do in determining the location of corporations, for location is determined by factors of greater moment than the size of the incor- poration fee. In some states a fixed amount for exam- ple, twenty-five dollars is exacted from every corpora- tion for profit chartered in the state. A more general plan is to levy a tax which varies directly with the amount of capitalization, after a fixed minimum fee has been reached. The amounts exacted under this incorporation fee have never been so large as to be burdensome, and have occa- sioned practically no difficulties. Difficulties have arisen, however, hi assessing the other franchises, which will be given a more extended treatment. 176. Taxation of the Franchise to Be Presents Serious Problems. The taxation of corporations presents difficul- ties in addition to those which arise in the taxation of individuals. One of the first situations which presents itself is that an artificial individual has been created which can own property and conduct business in which, however, the interest of natural individuals is centered. While the corporation is a separate entity, yet it is one owned by the stockholders, and if a part of the capital has been raised from the issue of bonds, one upon which a hen is held by the bondholders. When, then, these three interests are found in conjunction, the problem immedi- ately arises as to where the tax burden should be placed. Should it be placed upon the corporation alone, upon both the corporation and the stockholders, upon the bond- holders as well, or upon all three classes of interests? Assessment Difficulties. Difficulties continually arise because of the overlapping of political jurisdictions. One of the first which appears is the inhibition placed upon the states from interfering with interstate commerce. This has made particularly difficult the taxation of public utilities, the lines of which extend into different states. 340 OUTLINES OF PUBLIC FINANCE Where a corporation has property in various states, or where the situs of the property and the residence of the stockholders and bondholders may be in different juris- dictions, and attempts are made to tax the three forms, the serious problem of the double or treble taxation of the same property arises. Difficult problems are found, also, within each state. In some states the constitution contains what is known as the uniform tax clause that is, that all taxation must be uniform. This has prevented any taxation of corpora- tions other than by the general tax system. Again, some states have been fortunate in having progressive and wide- awake officials, while other states have been burdened with reactionaries. This causes a wide difference in the tax methods used in the different states, and consequently introduces the condition of varying tax burdens upon similar, and often competing establishments in the vari- ous states. With these problems and difficulties, as well as many others, existing in forty-eight jurisdictions, and with as many sets of officials offering solutions, it is obvious that anything but uniformity exists in the method of taxing corporations. Not only is the general system different, but the method of taxing the various classes of corpora- tions differs. A wide variation also exists in the extent to which the different states resort to corporation taxes for revenue. Some states secure practically the whole amount of the revenue for the budget of the state from this source, while hi others the return is insignificant. It is impossible to generalize accurately on the methods used in taxing corporations, and it is undesirable, in a book of this nature, to enter into the details of the various methods which are in use. It will be profitable, however, to review some of the more widely used plans for reaching corporate values, and to note some of the problems which have arisen. 177. Taxes upon Capital Have Been Most General. In attempting to impose an extra tax upon corporations, TAXATION OF CORPORATIONS 341 one of the first schemes hit upon was to place a levy of some nature upon the capital stock. This continues to be in use more than any other single plan, and is found in more than half the states. Some of the schemes in vogue are exceedingly complex, while others attempt no more than to exact a small percentage each year on the amount of capital stock. Since the state of New York is consid- ered one of the most progressive states in matters of taxation, an outline of the Annual Franchise Tax used in that state may be given as an example of one of the more detailed methods in which capital stock is used as the basis for determining taxable values. Annual Franchise Tax of New York. The annual fran- chise tax, which was first adopted in 1880, and took prac- tically its present form in 1906, does not replace the local taxation of corporations, so that the inequalities of local assessment still remain. Under the annual franchise tax corporations which are subject to the tax are required to make yearly reports to the comptroller, stating the amount of authorized capital stock, the amount of stock paid in, the date and rate of each dividend declared, the entire amount of capital, and the amount of capital employed in the state. The tax is to be paid in advance, and is to be based upon the amount of capital stock employed within the state during the preceding year. The capital stock employed within the state is that proportion of the entire capital stock that the assets within the state bear to the entire assets. The capital stock is classified, for the purpose of assess- ing the tax, as follows: (1) If dividends have amounted to 6 or more per cent upon the par value of the stock, the tax rate is one fourth of a mill for each per cent of divi- dends made or declared. (2) If dividends have been less than 6 per cent and (a) assets do not exceed liabilities, ex- clusive of capital stock, or (b) the average selling price of the stock during the year has been below par, or (c) if no dividend was declared, then the "rate of tax is three 342 OUTLINES OF PUBLIC FINANCE fourths of a mill. (3) If dividends have been less than 6 per cent and (a) assets exceed liabilities, exclusive of capital stock, by an amount equal to or greater than the par value of the stock, or (b) if the average selling price of the stock has been above par, the tax rate is one and one half mills: but the valuation of the stock shall not be less than (a) par value; (b) difference between assets and liabilities, exclusive of capital stock; (c) average selling price of the stock during the year. (4) If a part of the capital stock has paid more than 6 per cent dividend, while a part has paid no dividend or less than 6 per cent, the above rules are to be applied to each portion of the stock as if it existed alone. (5) Corporations not assess- able under the above rules are to be taxed by an amount not less than would be produced by an assessment of (a) one and one half mills on the actual value of the capital stock, or (b) one and one half mills on the average selling price during the year. 1 It is not intended that the reader will thoroughly under- stand this system, nor is it the intention of the author to attempt to clarify a system that has been involved in litigation ever since its adoption. It is seen that the basis for the tax is capital stock, while the rate is determined by a number of variable factors dividends, market price of the stock, and the financial condition of the corpora- tion. The difficulties and uncertainties which arise from the numerous complexities of the plan neutralize, to a great extent, any advantages which are expected to come from such a minute classification. Massachusetts Plan. In contrast to the New York plan, one may be cited which has been used for many years, which is comparatively simple, and yet has given a large 1 Not all corporations are subject to the annual franchise tax. The exemptions comprise banks, savings banks, insurance companies, trust companies, manufacturing and laundering companies, mining companies, and agricultural and horticultural associations. Public utility companies are also exempt from this law, but are taxed upon the basis of earnings and dividends by a system almost as complex as the annual franchise tax. TAXATION OF CORPORATIONS 343 measure of satisfaction. This is the plan of taxing the corporate excess which is used in Massachusetts. It is an attempt to assess the real intangible value of the cor- porate privilege. This intangible value is arrived at by the tax commissioner from two sets of data: one is the assessed value of the plant which has been made by the local assessor; the other is the market value of the shares of stock which is obtained from detailed reports by the corporation. The difference between this local valuation and the valuation of the shares of stock represents the excess value which can be attributed to the form of or- ganization, and is taxed at the general tax rate. Other Methods of Taxation. Various other methods have been used in other states for reaching the capital stock. In some cases the bonds have been added to the capital in order to approach more nearly the true value of the corporation. Some states use the par value of the shares of stock, and others use the market value as the taxable value. Either method is objectionable, and many cases have arisen where neither would represent the ability to meet tax payments. Two corporations with exactly the same income may follow radically different policies, which would be reflected in the value of the stocks. One may follow the policy of putting the earnings back into the business until it becomes immensely undercapitalized, yet all this time the market value of the stock has been low because no dividends, or only small ones, were paid. The other corporation paid large dividends, but has put nothing back into the business, and its stock would be selling much higher than that of the first organization. That the use of capital stock as a measure of taxable value has not been satisfactory is evidenced by the num- ber of corporations which have been removed from such tax laws, and by the number of other plans which have been used in taxing them. 178. Public Utilities Frequently Have Been Subject to Special Taxes. The attempt to reach all classes of cor- 344 OUTLINES OF PUBLIC FINANCE porations by the same methods of taxation soon caused dissatisfaction. It was found that assessments could not all be made in the same manner, that much inequality was resulting, and that much potential revenue was escap- ing. It was, furthermore, being driven home with in- creasing evidence that the general laws in application were not securing justice between the public and certain classes of corporations. It has gradually developed, therefore, that some of these classes have been relieved from the application of the general corporation tax law, and are taxed in a special manner. An outstanding example of this situation is the taxing of public utility companies. More difficulties have arisen in seeking a satisfactory scheme for taxing this class of corporations, perhaps, than for any other. The problems which have arisen, and the methods which have been used to reach the taxable value of these companies, apply in degree to all classes of corporations. A discussion of some of these problems and methods, then, will have a greater significance than that of its application to cor- porations of this particular nature. Problem of Valuation. The outstanding problem, in the case of public utility taxation, as in the case of other cor- porate taxation, is to ascertain the proper value upon which taxes should be levied. This is a local as well as a state problem, for generally these utilities are taxed locally, even though special state laws formulate the methods of taxation for other purposes. This problem of local valuation is often somewhat different from the larger valuation of the state, because of the limited extent of the jurisdiction of local officials. Assessors are con- fronted with placing a valuation on a small portion of a railroad, pipe line, telegraph or telephone company, and the difficulties encountered are at once obvious. Many schemes have been tried, and many attempts have been made by the courts to aid in arriving at some satisfactory solution of the problem of local assessments. Methods TAXATION OF CORPORATIONS 345 and suggestions have included such bases as the original cost of the plant; the cost of reproducing the plant; the cost of reproducing the service; the value of the part of a plant in a particular district as a proportionate part of the whole; and the value of the plant as determined from its earnings. A detailed discussion of each of these proc- esses of valuation, with its inherent difficulties, would take us too far afield. A discussion of some of the more general methods of levying taxes upon public service corporations, however, will be useful. These either involve earnings or some form of valuation. 179. A Tax on Gross Earnings Presents Difficulties. Extensive use has been made of earnings as a tax base in an attempt to get away from the difficulty of placing a taxable value upon public utility corporations. To make this concrete, the state of New York may again be called upon to furnish an illustration. Railroads are required to pay, semiannually, a tax of five tenths of 1 per cent of the gross earnings from business transacted in the state. All water, gas, heating, lighting, and power companies, in addition to a semiannual five tenths of 1 per cent fran- chise tax upon gross earnings, must pay a 3 per cent tax on dividends declared above 4 per cent on the capital employed. Reports are required which show capital, earn- ings, and dividends. Elevated roads, and surface roads not operated by steam, must pay an annual tax of 1 per cent of the gross earnings secured from business within the state, and 3 per cent of the dividends declared in excess of 4 per cent on the capital employed. The prin- cipal basis in this system of taxes, it is easily detected, is earnings gross earnings directly, and net earnings as reflected in the amount of dividends declared. Some states make even a more extensive use of gross earnings as a base for taxes than does New York. Advantages of Gross Earnings. Some practical advan- tages in the use of gross earnings as a base for taxation at once appear. Gross earnings is a very much more definite 346 OUTLINES OF PUBLIC FINANCE concept than any other form of earnings. With the ex- tensive adoption of standard systems of accounting, the determination of this item is comparatively easy. All items of expense must be taken from the gross receipts, a-nd it is not illogical to consider taxes an item of expense along with rent, interest, and wages. The discretionary power of officials can be dispensed with, in large measure, since there is little chance of manipulating the gross re- ceipts statement, while the tax can be computed by sim- ple mathematical computation. Expenses of assessment and collection are likewise reduced to a minimum, so that the tax " takes out and keeps out of the pockets of the people as little as possible over and above what it brings into the treasury of the state." A gross earnings tax has, moreover, a close conformity to the American idea of a j ust base for taxation property. The tax would be absent until a corporation was established upon an operating basis. It would fluctuate with business conditions increase as business prospered, and prove a smaller burden in times of depression. It would eliminate the difficulty of at- tempting to place an estimate upon all the intangible franchise values which a company is supposed to possess. Tax Officials Favor Gross Earnings Tax. Many tax officials have recognized these advantages and are using the gross earnings tax, or are strongly urging its adoption. After a careful investigation and consideration, an On- tario tax commission recommended it as being undoubt- edly the best method for taxing railroads. A California tax commission pointed out that the plan would result in a closer approximation to justice than any other system which the state might select. The burden would vary with the fund out of which it was to be paid. In questions of taxation, practical considerations naturally outweighed theoretical ones, and this tax evidently possessed practi- cal advantages. A Minnesota commission pointed out that the greatest advantage was the elimination of the necessity for valuing the complicated and peculiar prop- TAXATION OF CORPORATIONS 347 erties of the corporation, which had formerly been inac- curate and but crude guesswork. Many other testimo- nials could be presented, but, as illustrative of their gen- eral nature, a brief quotation from a Connecticut report will not be out of place. It said: The tax on gross earnings avoids all the difficulties inherent in the tax on net earnings. No corporation can do business without having accounts which will at least show the amount of its gross earnings. Gross earnings are a definite fact, ascertained by a glance at the ac- counts, and incapable of argument or difference of opinion. The tax on gross earnings can be evaded only by perjury of the most obvious sort, and is capable of easy detection. The gross earnings tax, there- fore, has the greatest advantage of simplicity, certainty, and ease of administration. This is an advantage both to the corporation and to the state. The amount of the tax on gross earnings fluctuates with the prosperity or adversity of the business, and is, therefore, just to all parties concerned. Moreover, it enters each year into the accounts in a definite ratio, and can thus be counted on in advance. A serious question remains to be answered. Will not the tax on gross earnings be distinctly unfair on account of the great diversity between different corporations in their ratios of expense to earnings? The answer is that such injustice is to be avoided by classifying cor- porations according to the prevailing ratio of net earnings to gross, and imposing different ratios upon the gross earnings of the different classes of corporations. Investigation shows, for instance, that the ratio of net earnings to gross is fairly uniform for the railroads of the country. In the same way there is a general prevailing ratio of net earnings to gross for telephone companies, for express companies, etc. Having determined what this prevailing ratio is for each class of corporations, we are enabled to fix ratios for each class which will make the tax on gross earnings just to all. It is true that absolute justice as between individ- ual corporations of the same class is not obtained. The resulting in- justice, however, is not great. . . . Some inequality is unavoidable, but the inequality thus resulting is distinctly less than can be easily shown to result from any of the other schemes of taxation which are before us. No tax system can be absolutely perfect, and it is not a valid objection against a proposed scheme to point out a defect which is present in even greater degree in each of the other possible alternative 1 Report of the Special Commission on Taxation of Corporations, State of Connecticut, 1913. 348 OUTLINES OF PUBLIC FINANCE Objections to Gross Earnings. In spite of this wide ad- vocacy, and its apparent success in many instances, the gross earnings tax presents serious difficulties. Gross re- ceipts do not represent earning capacity, and it is earning capacity that makes a concern valuable and able to pay taxes. It is what is left after expenses are paid that spells success or failure. The gross receipts of two street railway concerns, for example, might be the same, while the net returns might be such as to make one a success and the other a failure. The one might be operating under aus- picious circumstances short lines, heavy traffic, level streets, etc., while the operation of the other might have the opposite conditions. Similar conditions are found in varying degrees in all classes of corporations, and it is too much to expect that any system of classification can take them properly into account. The experiences of Michigan and Wisconsin do not stand out in support of the gross earnings tax. Both states, after giving it a thorough trial, have abandoned it. Wisconsin had used the system for nearly fifty years. The reasons assigned by the officials of both states for its failure to give satisfaction were practically the same- uniformity could not be secured between the corporations, and there was no relation between the tax paid on cor- porate property and that paid on other property. The governors under whose administrations the tax was given up, had pledged themselves to equality in taxation. 1 80. Taxes on Net Earnings Have Not Been Satisfac- tory. The difficulties of a gross earnings tax have led some to advocate and others to refuse to give up net earnings as the proper base for taxes. Net earnings can be used, either as the direct base for the tax or as the basis for finding the value of the company. If the capi- talized net earnings be taken as the proper valuation of a concern, then no account need be taken of capital that may have been issued and squandered; of the different forms of stock exchange manipulations; or of the watered TAXATION OF CORPORATIONS 349 stock a company may have. The factor under considera- tion is what the enterprise is worth as a productive agent or as a going concern. The original cost, or the cost of reproduction, is not the controlling item which determines value; this is determined by the one characteristic- power to bring in a money return over and above expenses. The capitalized net income will most nearly correspond to what a purchaser would be willing to pay at a natural sale and the courts have held this to be the value of property. Mr. W. S. Stevens, of the New York Public Service Commission, expressed the opinion that the net earnings tax was the one which would have the support of basic principle. He said: The only course open to the investor is to select those attributes which, in his judgment, would create a desire for the property, and then estimate how much that desire would induce a prospective purchaser to surrender for its satisfaction. ... Its one characteristic which gives it value is its supposed power to yield, directly or indirectly, a moneyed return equal to the investment, with a profit thereon. Its value lies not in what it is, but in what it will produce, or what it is believed it will produce in money. This is the essential proposition upon which all depends. Generally speaking, what it will produce in money will depend upon its earning power, directly or indirectly. To the ordinary investor it is its direct earning power as shown by the excess of revenues over expenses. . . . This fundamental consideration indicates that the net earnings rule, when properly and carefully applied with due regard to all the features of the individual case, is probably the one having the surest support of basic principle. It is also the one which accords with the practice of shrewd, broad-minded, and successful men of business. 1 Objections to Net Earnings. In spite of the apparent logical and theoretical soundness of net earnings as a tax basis, many practical difficulties are met in its adminis- tration. One which has proved most troublesome is in determining the true net earnings. Accounting systems have been anything but uniform, and no comparison can be had between net earnings of different enterprises. Even 1 Quoted in State and Local Taxation, 1912, p. 194, 350 OUTLINES OF PUBLIC FINANCE with uniform accounting, the difficulty still remains of separating the earnings of a corporation from those of its investments or subsidiary undertakings. Neither would this system secure equality in assessment between corporations and other forms of taxable property. The difficulties which Wisconsin and Michigan found with the gross earnings tax would be magnified here. A man's farm and buildings are taxed, even though they are pro- ducing no more than expenses. Yet a railroad with an investment of several million dollars would not be taxed until it became operative to the extent of having a sur- plus above expenses. Because of the fluctuation of earn- ings, moreover, the tax could not be counted upon as being in any degree stable. The Connecticut commission, quoted above, characterized the net earnings tax as fol- lows: To avoid serious inequality and evasion the tax On net earnings would require for administration a thorough examination into the accounts of every corporation taxed, together with strict rules as to how these accounts should be kept. ... It would be a continual source of irritation between the corporation and the taxing officials. It would involve the most disagreeable inquisition into the accounts and busi- ness of the corporations, and in the end would still remain room for personal judgment, thus leaving open the door to political intrigue and corrupt influence. . . . The practical difficulties in the way of imposing a tax upon net earnings seem overwhelming. A further ob- jection arises from the fact that a corporation might have no net earn- ings whatever within a given year, and therefore escape taxation en- tirely. While it is true that this might be perfectly just under a tax system based fundamentally upon income, we should bear in mind that the American tax system is to-day based upon property. The individual whose property has yielded him no income in a given year cannot offer that as a reason why he should not pay taxes upon his property. While the importance of treating corporations and individ- uals upon the same footing must not be stretched, there can be little doubt that a tax system which would allow corporations having no net earnings to escape taxation entirely, would be out of harmony with the general tax system prevailing in America. 181. Taxes upon Value Are Becoming More Popular. Many objections have been made to what has been known. TAXATION OF CORPORATIONS 351 as the ad valorem basis for taxing corporations. These objections have arisen, largely, because of a misunder- standing of the term, and because of the discrepancies which arose in attempting to use different methods of valuation. The discrepancies arose because of the limited powers and abilities of the assessors, and because too few factors were taken into account in arriving at the valua- tion. The excess value of the stocks and bonds over real estate has been tried; the average selling price of the securities over a period of years has also been adopted. In using these as bases for value, all the manipulations of the market and outside influences must be considered, which makes accurate results difficult. Likewise, in seek- ing to determine the original cost, the cost of reproduction, capitalized earnings, or the amount of business, the ad- ministrative difficulties become so great as to forestall satisfactory results in many cases. A value basis for tax- ing corporations has consequently been condemned as unusable. Present Meaning of Ad Valorem. As the expression is now used, however, an ad valorem tax means one placed upon a corporation as a piece of property, rather than as divided into several elements. The system further im- plies a more or less expert valuation of the corporation by some centralized state board. The fiscal officials of Michigan and Wisconsin, upon discarding the earnings basis, adopted the ad valorem plan, and have given their unqualified approval of the results. The Virginia Joint Committee on Tax Revision, after a careful analysis of the different tax bases, said: "We believe that under an ad valorem system, administered by a competent board, untrammeled by any single prescribed standard or rule, it is easier to establish justice in taxation than under any other method. 77 l Conditions Necessary for Success. The ability of the ad valorem tax to secure justice depends, according to the 1 Report of the Joint Committee on Tax Revision, Virginia, 1914. 352 OUTLINES OF PUBLIC FINANCE Virginia committee, upon the competency of the assessing board, and upon the extent of the power conferred upon it. The importance of this contention is at once evident. It would be considered absurd to send a man or group of men whose lives had been spent as sailors, to value an automobile. And it would be considered just as absurd to instruct men who were capable of valuing an automo- bile to arrive at such value by taking into consideration only the wheels, or motor, or top, or electrical system, or tires. A particular automobile might have no top, or no electrical system, or the wheels might have been newly painted, or the tires might just be worn out, so that no one of these could be taken as the determining factor in its value. Likewise the bearings, transmission, and cylin- ders should be examined to discover how much they are worn in short, all parts should be taken into considera- tion in determining its value. In determining the value of a corporation, likewise, the board must not only be competent, but it must have broad powers. It must be allowed to consider all the factors which may contribute to value franchise, earnings, re- production cost, etc. Not only must it be given power to consider all these items, but it must be given access to them. In order to carry out its work efficiently, the books, accounts, and records of the corporation must be placed at its disposal. It should be given power to examine wit- nesses and require reports in short, given every possible privilege which will enable it to make a proper valuation. With this combination a competent board with extensive powers the prevalent objections to ad valorem taxation are somewhat minimized. Relation Between a Tax on Value and a Tax on Earnings. Where corporations are under regulation, as in the case of public utilities, there is not such a variance between a tax on value and a tax on earnings as it might at first seem. Where the charges for services are not regulated, there may be no definite relation between the value of the TAXATION OF CORPORATIONS 353 property in use and its earnings. Public utility commis- sions are expected to fix rates so that but a fair return will be realized. Of course there is no absolute rule for determining the value upon which earnings shall be al- lowed, and it is impossible to determine value so exactly, or to fix rates so accurately in each case, that only a fair return will be realized. But the more nearly this is ap- proximated the more nearly will a tax on earnings corre- spond to one on value. It could make but little difference in a case of perfect valuation and regulation of charges, where 10 per cent were allowed as a fair return, whether 10 per cent of the net earnings were taken or 1 per cent of the valuation. Because of the indefinite relation between net and gross returns, however, there could not be this close approxi- mation between a gross earnings tax and a tax on value, even if regulation could be such as to allow exactly a fair return. Yet they would more nearly correspond than under a system of no regulation. Reform in Local Taxes. The adoption of some central system of assessment would open the way for securing reform in the local taxation of corporations, with but little added burden of expense. The entire abolition of local assessments might be secured if the localities could be made to see that, by such a change, they would not be the losers, and if legislators could be made to see that greater equality could be secured thereby. Some states have already recognized the advisability of having all assessments made by central authorities, where the plants extend into more than one taxing district. With the central board and machinery already in existence and making valuations, the addition of taxes for local pur- poses could be made very easily, and the proceeds dis- tributed to the local districts. Difficulty might arise in choosing a basis for this distribution. Possibilities would be the length of track- age, line, or mains, the amount of business arising within 354 OUTLINES OF PUBLIC FINANCE the district, or the amount of property found there. The first basis appears the most equitable, since the others involve the valuation of parts of a business and open the way for inequalities. Where business is greatest, more- over, tracks, lines, or mains are duplicated, so that the amount of business is reflected in the extent of these factors. 182. Taxes on Public Utilities Are No Longer Needed for Regulation. The important function of securing jus- tice between the public and the corporation, which be- longed to the early taxes upon public utilities, no longer remains. The public service commissions are expected to secure justice between the utility and the public as to rates and services, which deprives the tax of its regulatory aspects and leaves it only as a fiscal measure. To con- tinue a tax for the purpose of regulation reflects on the ability of these commissions to accomplish their purpose. If their purpose is accomplished, however, no excess values appear to be taken by special taxes. Under regulation, then, the question of taxation re- solves itself into this : Are the corporations to be regarded as existing for the benefit of the users, for the community viewed as a body of taxpayers, or for both? If regarded as existing for the former, then the rates will be low and there will be nothing left, above a fair return, for taxes; if for the community of taxpayers, then high rates will be charged for service, with some curtailment of use; if for both, moderate rates will exist with a moderate surplus for taxes. When a corporation pays a tax under a system of regu- lation, it merely acts as a collector of that tax from the user of the product. The net earnings must be large enough to allow a fair return. In ascertaining net earn- ings, taxes are one of the items to be deducted from gross receipts. If taxes were abolished, the total income of a company could be reduced by the amount of the taxes and the net earnings would remain the same. TAXATION OF CORPORATIONS 355 Since taxes increase the burden to the consumer, some have advocated the abolition of taxes on public service corporations, while others would make the taxes com- paratively light. Such taxes are, of course, class taxes taxes upon the particular class of individuals using the product. This abolition would but mean a larger tax to be paid by the owners of other property. When consid- ering all classes of property, it would seem no more than fair to tax the property of these regulated corporations to the same extent that other property is taxed, and in such a way as to equalize the burden on the different classes of property. 183. New York Furnishes the Best Example of Special Franchise Taxation. The system for taxing public utili- ties in New York may again be called upon to furnish the best illustration of an attempt to tax the special franchise of a corporation. This is found in what is known as the Special Franchise Tax law. The law was adopted in 1899 largely through the influence of Governor Roosevelt, and with but little agitation from the public. The law at once received extended favorable comment, and was heralded by many as the last word in public utility taxation. Con- trary to expectations, however, the principle has not been adopted by other states, and has proved one of the most troublesome features in New York's tax laws. The provisions of the law are somewhat as follows: Under the term "real estate" is included the value of all franchises, rights, or permissions to construct, maintain, or operate in, under, through, or above the streets, high- ways, or public places. Each of these franchises is to be assessed annually by the board of state tax commissioners, and the value sent back to the clerk of the assessment dis- trict where the franchise is located, as the tax is to be collected for local purposes. All assessments by the com- mission are subject to court review. Assessment difficul- ties led to the modification of the original law, so that all uses of public property outside of incorporated villages, 356 OUTLINES OF PUBLIC FINANCE of less than two hundred feet in length, are not considered special franchises. Problem of Valuation. The problem of finding a satis- factory method of valuing these franchises has proved almost insurmountable. The companies have not been satisfied, and have filled the courts with litigation. In New York City, where most of these franchises appear, nearly one fourth of the taxes assessed against them from the beginning still await final adjustment. Many rules have been submitted for the proper mode of reaching the special franchise values, but none has proved satisfactory. The task of placing an annual value by a centralized board upon some fourteen thousand special franchises scattered over the state, presents a problem of some magnitude. In reality, moreover, if the regulation by the public service commissions be a success, there is no place for these special franchise values to appear. Their re- tention simply means that higher rates must be allowed for services in order that the companies get what is con- sidered a fair return. 184. Some Corporations Have Been Taxed in Special Classes. Other kinds of corporations besides public utili- ties have been put in special classes for the purpose of taxation. Some of the most general of these classes are banks, insurance companies, and, frequently, manufac- turing industries. Taxation of Banks. With the passage of the National Banking Act, the taxation of banks by the states became entangled with constitutional restrictions, and Federal legislation and court decisions were necessary to establish the status of bank taxation. This taxation by the various states has been very unequal, varying from very lenient legislation in some to almost repressive legislation in others. This situation exists because of the difference in the attitude which has been taken toward the taxation of banking capital. Some have advocated a high tax, while others favor complete exemption. The one class looks TAXATION OF CORPORATIONS 357 upon banks as favored creatures of the government, while the other looks upon them as essential to business prosperity, and seeks to establish them more extensively. All sorts of productive capital might be more remu- nerative if it were not taxed, yet the state must have revenue. The banking business is not of such a nature as to suggest any clear reason why it should bear especially high or especially low taxes. The granting of franchises to such institutions in no sense gives them a monopoly or increases their earning power. Moreover, banks render a necessary service and are essential to business opera- tions. By furnishing credit when needed they help to develop productive business enterprise, and thus enlarge the basis of taxation. If banks are unduly burdened, banking facilities will be correspondingly lessened. It would seem reasonable, therefore, not to tax them to such an extent as appreciably to hinder capital from seeking that form of investment. Care should also be taken that discriminating tax burdens are not placed upon essen- tially competing institutions. The modern trust com- pany, for example, has developed so many banking prac- tices as to be a competitor with banks, and should be treated as such by tax laws. Taxation of Insurance Companies. Much discussion has arisen over the proper method for taxing insurance companies, especially those doing a life insurance busi- ness. It is often contended that insurance companies should be taxed very lightly, if at all, since the burden is shifted to the policyholder. Life insurance is looked upon as an institution which makes for the public welfare be- cause, in providing for many who might otherwise become dependents, it has cut down the burden of state expendi- tures. In opposing such taxation, the beneficent features are extolled; the provision for widows and orphans is em- phasized; this wise provision for the future is pictured; the incentive to providence and thrift is pointed out; the assets of the company are shown to be the accumu- 358 OUTLINES OF PUBLIC FINANCE lated savings of the policy holders. A tax upon life in- surance companies, then, falls upon this form of savings, and is consequently undesirable. Such a conclusion would condemn a large part of the general scheme of taxation. All taxes are burdens upon savings and restrictions upon thrift. The problem in tax- ing insurance companies is to levy a tax upon them which will be equitable with that placed upon other forms of investment. Peculiar difficulties arise in that the length of time a company has been in existence is an important factor, the premiums are not income, the companies take on so many different forms, and do business in so many tax jurisdictions. The tax which is most generally used by the states is a percentage levy upon the gross premiums. While this, no doubt, introduces some injustices, and while the rate varies considerably from state to state, yet no other pro- posed plan has appeared so satisfactory. An added justi- fication for some payment is to maintain the insurance department in the state which renders the companies safer and more serviceable to the public. This is a special service, and should at least command enough from those benefited to pay the cost of the service. Taxation of Manufacturing Corporations. In the earlier history of corporation taxation, manufacturing concerns were usually treated more leniently than other corpora- tions, or were entirely exempt from taxes. A number of states even yet exempt this form of industry, to a great extent, from tax burdens. There is no good reason, how- ever, why manufacturing concerns should not bear their share of the public burden. They can no longer be con- sidered as infant industries which need the fostering hand of the state. The men who put capital into such enter- uprises have no more claim to exemption than those who invest hi other industries. The problem of taxing this form of business is the problem of taxing capital in general in a just and equitable manner. The taxation should be TAXATION OF CORPORATIONS 359 such, however, that there will be no discrimination in favor of particular fields of business endeavor, and uni- formity should be extended, if possible, throughout the whole competitive district. 185. Taxation of Foreign Corporations Has Proved Troublesome. A foreign corporation is one whose charter is granted in some other state than the one in which the business of the corporation is located. Corporations, moreover, do not come under the " privileges and immuni- ties granted to the citizens of the states" clause of the Federal Constitution, but may be singled out for special legislation. Two opposite policies have been followed in treating this foreign capital either treat foreign corpora- tions leniently to attract foreign capital, or treat them severely to protect domestic capital. With forty-eight states, each legislating on the matter, no semblance of uniformity in the taxation of foreign corporations can be expected. States sometimes adopt retaliatory features in their tax legislation. These laws provide that, if any other state impose heavier burdens upon its foreign corporations than had been provided for by domestic legislation, then foreign corporations of that state shall be taxed to the same extent as it would inflict burdens upon its foreign corporations. The result has been the multiplication of taxes upon foreign corpora- tions, and especially upon those engaged in life insurance. Some uniform system of taxing such corporations would, of course, be the most desirable, if states provided a uni- form plan for taxing domestic corporations. This is not to be expected, and foreign corporations should be taxed in such a way that the burden upon them does not vary greatly from the burden placed upon domestic concerns in the same line of business. No good reason appears for placing especially heavy burdens upon a business just because it is incorporated in another state, nor is there any reason for especial leniency. The most logical ideal is to place the same burdens upon similar enterprises 360 OUTLINES OF PUBLIC FINANCE wherever they are organized, and to do this the same methods of taxation must be used for domestic and for- eign corporations. It would be difficult to get equality of burdens in a state that taxed the capital of domestic corporations if a tax were placed upon earnings of foreign companies of the same nature. Even if the same method be used, the difficulty still remains of determining what part of a corporation should be taxed to each of the various states in which it may be doing business. One commonly used plan is to compare the amount of assets within a state to the total assets, and levy the tax accordingly. This comparison is not always good. For example, an adver- tising corporation might be doing a large business in several states and have no assets except, perhaps, in one state. A more just basis of comparison would be to levy the taxes in proportion to the amount of business arising in the different states. 1 86. The Federal Government Taxes Corporations. For a number of years corporations were regarded as a source of revenue solely for state purposes. More re- cently, however, the Federal government has begun to use the corporate form of organization as a source of revenue. The introduction of the excess profits tax is a familiar example of this situation which arose because of the Great War. This aspect of the tax will be noted in a later chapter. Even before the war, however, Congress decided to tap this source of revenue, and in 1909 placed a tax on the net earnings of corporations. Law of 1909. The law of 1909 grew out of a discussion of the Payne- Aldrich Tariff Act, as a part of which many Senators favored enacting an income tax. The fear of un- constitutionality of the income measure led to the sub- stitution of the so-called excise tax on corporations in proportion to their income, which is a part of the Tariff Act of 1909. The law provides that every corporation, joint stock company, or association, organized for profit TAXATION OF CORPORATIONS 361 and having a capital stock represented by shares, and every insurance company now in existence or afterward organized in the United States, or in any foreign country, and doing business in the United States, shall be subject to pay annually a special excise tax with respect to the carrying on or doing business by such corporation, joint stock company, or association, or insurance company, equivalent to 1 per cent upon the entire net income over and above five thousand dollars received by it from all sources during the year. The law goes into detail in specifying the deductions which are allowed in calculating the net income. The statement of the nature of the tax a special excise tax equivalent to 1 per cent upon the entire net income was evidently an attempt to get around the constitutional limitations as to the levy of direct taxes by the Federal government. The Supreme Court later acquiesced in this interpretation, by holding that such a tax is not a direct tax within the meaning of the Constitution, and that it is within the power of Congress to indicate the method by which an excise tax shall be measured. 1 187. Taxes Have Been Placed upon the Transfer of Corporate Securities. In recent years some states have placed a tax upon the transfer of corporate shares of stock. In reality this is not a tax upon corporations, but upon the exchange or sale of shares of stock which has but an indirect effect upon the corporations themselves. Several proposals for such a law were made in New York before it was enacted in 1905. By this Act a tax of two cents on every one hundred dollars face value was placed upon the sale or exchange of shares and certificates of stock of all foreign and domestic corporations. Much opposition to the law developed and its consti- tutionality was attacked from every possible angle. Both the Court of Appeals of New York and the Supreme Court of the United States refused to admit the conten- 1 For modifications brought about by the war, see Chapter XIX, p. 468. 362 OUTLINES OF PUBLIC FINANCE tions that such an Act was class legislation and inter- fered with interstate commerce. The decision was that the tax was not upon property, but upon the transfer of property. Since it was uniform in operation on all trans- fers, and upon all persons making them, it contravened neither the state nor Federal constitutions. Some administrative difficulties developed, such as locating the transfers and preventing evasion through the use of washed stamps. These difficulties have been practically eliminated, and the tax is a resourceful, yet little felt, source of revenue. It would be more just, per- haps, if the tax were based upon the market value rather than the par value of the stock. There is no very good reason for taxing a one hundred dollar share selling for twenty-five dollars, as much as one selling for three hun- dred dollars. Such a basis, however, would greatly in- crease the administrative difficulties. During the Great War the Federal government imposed a similar tax upon all sales or transfers of stocks. This tax was also a tax of two cents on each one hundred dol- lars or fraction thereof. If the shares have no face value, the tax is two cents on each share, unless the market value is more than one hundred dollars, in which case the tax is two cents on each one hundred dollars or fraction thereof. ADDITIONAL HEADING Seligman, Essays in Taxation, chaps, vi, vii, viii. Report of Commissioner of Corporations on Systems of Taxing Corporations. Proceedings of the National Tax Association, 1911, pp. 139-231; 1912, pp. 177-211: 1914, pp. 132-150; 1919, pp. 35-68, 230-260. CHAPTER XVI THE SINGLE TAX 1 88. The Proposal for a Single Tax Is Not a New One. The expression " Single Tax" is familiar to everyone who has the least interest in fiscal reform. Because of the extensive propaganda which has developed in recent years, the single tax movement is often considered as a new pro- posal and as having distinct application to the taxation of land values. While the expression, in general, has come to have such an interpretation, the fact must not be over- looked that many different proposals have been made for a single tax, and at various stages in the development of economic history. The Impdt Unique. One of the most interesting pro- posals for a single tax was the impot unique, proposed and championed in France about the middle of the eighteenth century by the Physiocratic School, of which Turgot, Quesnay, and Mirabeau were leaders. This school rea- soned that the net product (produit net) of agriculture was the basis of all progress, and in the final analysis the place where the burden of all taxes rested. The basis of all industry and commerce raw materials, food supplies, etc. ultimately came from the land, and hence any tax burden, wherever placed, must be met finally from the products of land. A tax upon the products of land was therefore preferred as a direct and open burden to some other tax that would be shifted, perhaps by an expensive process, to the same source. Much was accomplished in putting the system into effect until glaring inequalities in the tax burdens became 364 OUTLINES OF PUBLIC FINANCE apparent. Citizens with large incomes from stocks, with unquestioned ability to meet fiscal burdens, were escaping entirely, while the poor landowners were able to meet the tax burden only with the greatest difficulty. The in- justice became so marked, and the dissatisfaction so evi- dent, that the impot unique was abandoned. Single Tax on Incomes. Not all single tax proposals have been for land taxes. As a means for social as well as fiscal reform, the Socialists have proposed a single tax to be levied upon incomes. The primary purpose of the proposal is to accomplish a redistribution of wealth through a steeply progressive rate. As Professor Plehn has pointed out, such a scheme as an exclusive tax system would fail because (1) it presupposes for its successful administration a method of distribution of wealth very different from that which the world now has; (2) it de- mands a perfection in the technic of administration as yet absolutely unattainable; (3) it would need, in order to be administered fairly, more honesty than men have yet shown in their dealings with the government. 1 The income tax, no doubt, will come more and more into use as a part of fiscal systems as income taxes come to be looked upon with greater favor. The primary reason for its use, however, will continue to be fiscal rather than social. 189. Henry George Was Responsible for the Modern Single Tax Proposal. The active propaganda for the modern single tax has been in progress for less than half a century, yet nearly every principle around which the theory is formulated was propounded years before, in various countries, by numerous writers. The exposition of the nature of rent by Ricardo and Mill gave strength to the ideas of social wealth and unearned increment. The principle of the natural right to land was developed by a number of early philosophical writers. Adam Smith has many references to the nature of rents, and indicates 1 Carl C. Plehn, Introduction to Public Finance, third ed., p. 135. THE SINGLE TAX 365 their peculiar ability to bear the burden of taxes. Other writers acquiesced, yet none went so far as to attempt to make any practical application of their teachings. Progress and Poverty. The first attempt to put these teachings to practical use was made by Henry George, in the publication of his well-known work, Progress and Poverty, in 1879. Nor did he stop with the publication of the principles in which he so firmly believed, but devoted the rest of his life to securing their application to actual economic conditions. For a number of years before the publication of his work, George had lived in California, where he had a chance to witness in a few years develop- ments in land ownership which ordinarily occur only after decades. The situation was caused by the phenomenal development which followed the discovery of gold. While most of the principles enunciated in Progress and Poverty are not new, George did not know that they had been stated previously, and they were formulated by him out of his own thinking and experiences. While much other literature has been written on the single tax, Progress and Poverty still holds first rank as exponent of the doctrine. 190. The Single Tax Program Has a Broad Social as Well as Fiscal Significance. The usual inference from the^ mention of taxes is that something of a fiscal significance is intended. The fiscal aspects of the single tax are over- shadowed to some extent by the contemplated social re- sults of its adoption. A study of the underlying principles will elucidate this feature of the program. The fiscal part of the scheme ends by declaring for the abolition of all taxes except those on land values. Social Vision of George. The reasoning upon which George based his conclusion was somewhat as follows: Land is a gift of nature, and not the product of man's labor. Man has a right to possess only the products of his labor, and therefore private ownership in land cannot be justified. Man is not responsible for differences in land values, nor for increases in values, consequently 366 OUTLINES OF PUBLIC FINANCE these differences and increases should go to society in the form of taxes. The abolition of all other taxes naturally follows, since they are a burden upon the product of labor, and everyone has a natural right to the product of his labor. George believed that more revenue would be secured than under the existing system, which surplus could be applied to the common benefit. He said: We could establish public baths, museums, libraries, gardens, lecture rooms, music and dancing halls, theaters, universities, technical schools, shooting galleries, playgrounds, gymnasiums, etc. Heat, light, and motive power, as well as water, might be conducted through our streets at public expense; our roads be lined with fruit trees; discoverers and inventors rewarded, scientific investigations supported; and in a thousand ways the public revenues made to foster efforts for the pub- lic benefit. 1 Platform of Single Tax League. That the advocates of the single tax claim that it is much more than a mere revenue system in fact, that it approaches a panacea for all social miseries is evidenced by the platform adopted by the National Conference of the Single Tax League of 1890. The part which sets forth the anticipated results of its adoption reads: It would make the holding of land unprofitable to the mere owner, and profitable only to the user. It would thus make it impossible for speculators and monopolists to hold natural opportunities unused or only half used, and would throw open to labor the illimitable field of employment which the earth offers to man. It would thus solve the labor problem, do away with involuntary poverty, raise wages in all occupations to the full earnings of labor, make overproduction impos- sible until all human wants are satisfied, render labor-saving inventions a blessing to all, and cause such an enormous production and such an equitable distribution of wealth as would give to all comfort, leisure, and participation in the advantages of an advancing civilization. Quasi Single Taxers. If the principles upon which the single tax is based were recognized, generally, as sound, and if it were believed that such an economic Utopia as 1 Progress and Poverty, bk. ix, chap. iv. THE SINGLE TAX 367 the one pictured in the above paragraph would result from its adoption, a much wider use of the scheme would be found, doubtless, than exists at present, and a much larger number of ardent disciples would be seeking its universal adoption. As it is, many of the present followers have ceased to place emphasis upon the "Single" of the scheme, and are content to secure the adoption of fiscal principles which partake of the nature of the George pro- posal as a part of a tax system. These might be called quasi single taxers, and their proposals have been termed by some as the single tax limited. Because the single tax has been so extensively advocated, every citizen should know something of the proposal, the tactics of propaganda, and some of the economic effects of its adop- tion. A brief study of some of the outstanding features of the single tax principle will be undertaken in the fol- lowing pages. 191. The Principle of Natural Rights Is Not Generally Indorsed. That land is a gift of nature is accepted as a matter of course; but the principle of natural rights, as propounded by Henry George, has not been indorsed to any great extent. It is for philosophers to decide when a natural right exists, whether there ever was or will be such a thing, or whether the same natural right will continue to exist throughout all tune. As far as the single tax proposal is concerned, an individual has a natural property right to the fruits of his labor, but not to the gifts of nature. The conclusion follows that property rights may be had in the improvements on land, but not hi the land itself. A little consideration will show such a distinction to be one without a difference or, at best, only a difference of degree. Here is a farm, a gift of nature, and on it a dwelling house, a product of man's labor. But when a little closer consideration is given to the house, nature appears to have played a considerable part in making provision for it. The clay in the brick was taken from 24 368 OUTLINES OF PUBLIC FINANCE the hillside; the oak in the floors was taken from the forest; the glass in the windows was accumulated from various places. The entire building was a gift of nature- man has no more power to create houses than to create land. He simply changed the materials of nature to make them more serviceable, the difference being that he exerted more effort on some than on others. Man also changes the nature of land, in a different way, perhaps, to make it more useful. He plows under vege- tation to make it more fertile; he plants the corn in rows around the hillside to prevent erosion; he surrounds the land with a fence to prevent destruction from the tres- pass of animals. All this is work upon the land to make it more useful, just as work was done upon the materials in the house to make them more serviceable. Either private ownership is justified in land or it is justified in no material thing, for every material thing is based upon some gift of nature. 192. Social Values and Unearned Increments Are Not Confined to Land. It is quite true that man is not re- sponsible for many of the differences in land values. Nature is responsible for differences of fertility and loca- tion, and society has been responsible, no doubt, for many increases in value. The present owners of these better farms or sites frequently have paid the capitalized rental for the privilege of such ownership, and evidently would take unkindly to the following proposition of Mr. George: I do not propose to purchase or to confiscate private property in land. The first would be unjust; the second, needless. Let the indi- viduals who now hold it still retain, if they want to, possession of what they are pleased to call their land. Let them continue to call it their land. Let them buy and sell, and bequeath and devise it. We may safely leave them the shell if we take the kernel. It is not neces- sary to confiscate land; it is only necessary to confiscate rent. 1 Not All Land Values Unearned. The institution of private property has been too firmly established, and the 1 Progress and Poverty, bk. viii, chap. ii. THE SINGLE TAX 369 principles of transfer and priority too deeply rooted, for landowners to submit passively to any such proposition as the above. A substitute proposal, which will be dis- cussed later, that all future social values be taken in taxes, has been made by some quasi disciples of Henry George. It is interesting to speculate, moreover, as to what would have been the nature of the development in the United States had the single tax principles been active. The government was interested in developing the West, and either gave the lands to settlers or sold them at a few dollars per acre. In successive years, transportation lines would be built, cities would develop, and the lands would increase in value, due to factors other than the efforts of the owner. Under the single tax regime this increased value would go to the state. Had this been the situation there would have been no Western pioneer, and develop- ment would have come only as the pressure of population forced expansion. The expected increase in land values was but the remuneration for the hardships of pioneering. Likewise, expected increases in land values are often figured as essential parts of industrial enterprises. The establishment of such cities as Gary and Pullman are examples of this. Society Responsible for Other Values. If socially created land values should be turned over to the state, then other socially created values, if they be found to exist, should be treated in a similar manner. A little consideration will reveal the fact that values of every description are more or less the product of society. Industrial stocks, for example, are valuable because society demands the prod- ucts of industry. One individual invests $10,000 in land, and another $10,000 in sugar stock. Society increases its demand for the product of the land and it becomes worth $15,000 an unearned increment of $5,000. The demand likewise increases for sugar, and this stock becomes worth $15,000. One $5,000 is just as much an unearned incre- ment as the other. 370 OUTLINES OF PUBLIC FINANCE A janitor in the Woolworth Building receives $75 per month. He receives it because the desires of society have demanded such a building, and his job therefore is a social product. The demand for brick may so increase, or the clay become so scarce, that the value of the house on the farm will increase materially over its initial one. This is a social product as much as the increased land value. So it might be shown that the unearned increment element is coextensive with industry, and that society has as just a claim upon it in one branch as in any other. Unearned Decrement. An increment, moreover, does not always exist, but the change in value often takes the form of a decrement. If a socially created value should go to society, then the converse should be true, and so- cially created losses should be given by society to the loser. Little has been said of this aspect, yet when the broad influence of society upon values is considered, its impor- tance becomes one of no little magnitude. Farm values have soared because of the high prices society has been willing to pay for farm products, yet society may readjust the monetary system, lower prices, and destroy values. Legislation may repress an industry, and by so doing destroy the value of its stocks. A new transportation system may develop, thereby lowering the former value of sites. The abandoned New England farm is a monu- ment to a socially created loss. Such social losses are continually being created just as much as social values, and are simply opposite aspects of the same phenomenon. 193. The Social Claims for the Single Tax Have Not Been Proved. The contention that the adoption of the single tax would bring about a social millennium is opti- mistic in the extreme. The basis for the optimism, how- ever, is difficult to discover. One claim for its adoption is the relief which will be afforded to urban congestion. It is in the large cities where the agitation for the single tax is most aggressive. It is here, because a large landless class exists, that the land appears scarce. The adoption THE SINGLE TAX 371 of the proposed measure, however, would neither increase the amount of land nor decrease numbers. It could only hope to force into use lands which are now idle, which in the congested districts of our large cities are so small in amount as to be negligible. The claim cannot be made that there is a scarcity of land in fact, there is abundance of land in the outskirts of the cities, or in the undeveloped West. The people in the cities, however, do not want this land they prefer to stay in the congested dis- tricts, endure the hardships, and pay the landlord, rather than accept the responsibilities of freedom where land may be had. It is largely a case of preference of the in- dividual, and the confiscation of land values would not change the preference. Low rents, high wages, increased production, and other such desirable conditions depend upon factors which have a far greater significance than the taking of land values by the state. It is contended that the exemption of build- ings from tax will cause a large increase in construction, and rents will automatically fall. A capital fund must first be secured, however, and this is not idly waiting for buildings to be untaxed. Neither is there a fund waiting to go into increased production or higher wages. When the fundamental principles of rents and production are considered, it is difficult to see how the single tax program could materially affect social conditions. 194. The Use of the Single Tax Would Reveal Undesir- able Features and Difficulties. The adoption of the single tax proposal in toto would mean the abolition of all other forms of taxes, whether they be primarily sumptuary or for revenue purposes. It would mean the abolition of customs duties and excise taxes, as well as the numerous regulatory taxes and licenses imposed under the police power. By securing all revenues from land values, and by taking the whole of these, elasticity, that necessary element to every effective revenue system, would be totally destroyed. The city, the commonwealth, and the 372 OUTLINES OF PUBLIC FINANCE nation must rely year after year upon the rental value of land, whether it produce a surplus or a deficit. There would be no way of increasing the tax rate or of taxing new bases in order to increase the income to meet an emergency such as a war. Effect on Public Activities. The nature of the state's business under the proposed scheme would be materially changed. Its expenditures would now have to be gov- erned by its income, rather than its income be governed by its expenditures. This income, too, would be subject to wide and unforeseen fluctuations, so that officials could map out no definite program. In years of prosperity the income would be large, while it might be seriously reduced during periods of industrial depression. The support of all public enterprises, furthermore, would be coming from a very small percentage of the public those who held title to land. It has always been considered an unwise political expedient to give one class of individuals the power to vote the expenditure of funds which another class has contributed. Under such circumstances little consideration is given to the relative importance of public needs, while waste and extravagance are fostered. The plan, moreover, seeks to overthrow the established prin- ciple of ability to pay as the just basis for taxes and reverts to the inadequate basis of benefits received. Administrative Difficulties. The problem of adminis- tration appears to be practically insurmountable. It is the problem of separating the value of the bare land from the value of the improvements on, or in, that land. The problem applies both to urban and rural communities, but in a somewhat different way. Most city improve- ments are on the land in the form of buildings; improve- ments in the country consist not only of buildings on the land, but of labor and capital invested irrevocably in the land. Assume three farms in different parts of the country, each having a selling value of $300 per acre for the land. THE SINGLE TAX 373 One piece is comparatively new, and has been cultivated but little; another was swampy and comparatively worth- less until a dredge ditch was constructed; the other has been farmed intensively for generations, and has its pres- ent fertility and value only because of scientific cultiva- tion, rotation of crops, and extensive fertilization. The attempt to assess land values equally under the general property tax has proved so farcical that it would seem folly to attempt to separate the value of the bare land from that of the improvements in such cases as the above. The problem of valuation would not be so hopeless in cities since the improvement usually consists in a sepa- rable building. Generally, however, no separate value has been placed upon the site and the building in making sales. The entire increase in site values, moreover, often does not represent unearned gains. The owner frequently makes no allowance for building depreciation, but calcu- lates that the increase in the value of the site will offset the depreciation of the building. Such situations but magnify the difficulty of making assessments to deter- mine the value of the bare land. If the state had been the universal landlord from the beginning, and had proceeded to accurately measure and collect the economic rent from year to year, the single tax plan would involve no particular burden. The resulting condition would be that land would have no selling value. The insurmountable difficulties and injustices of destruc- tions of values which have grown up over a period of time appear, however, when it is suggested that a social group adopt the single tax after the system of private property in land has been in vogue for several generations. Modifications of Single Tax Plan. Because of these very evident obstacles in the way of the adoption of the single tax principles in toto, some of the thorough single taxers at heart have temporized somewhat in their prac- tical demands. These temporizations must not be con- sidered, however, as the single tax, but merely as partak- 374 OUTLINES OF PUBLIC FINANCE ing somewhat of the nature of it. Some would allow other taxes to remain, especially those used for regulatory pur- poses under the police power. A few have gone so far as to advocate the Federal income tax not that they believe hi the income tax, but that they consider it better than an increase in the taxes on commodities. Many are in favor of letting bygones be bygones, and advocate the taking of future increases in land values for the state. Different methods of collecting have been sug- gested, such as taking the increase at the time of sale, or increasing the amount of tax at regular intervals. The same difficulties occur here in determining what part of the increase in value belongs to the bare land, and what part to the results of labor on and in the land. Moreover, if a purchaser of land knows that when he sells the land all increased values will be confiscated, or that the tax is to be increased gradually, proper allowances will be made in the purchase price, and there will be no unearned in- crement except that which could not be foreseen. This scheme of increased taxation could be carried out only through the practice of deception the purchaser must be made to believe the tax will not be levied, and then the levy be made. The separate assessment of land and buildings, the placing of a lower rate of tax on build- ings than on land, and the gradual reduction of taxes on buildings, are looked upon favorably by single tax enthu- siasts as being possible entering wedges for the broader program. Apportionment of Revenue. One other difficulty de- serves to be mentioned; that is, the apportionment of revenue. All the revenues of the various political units are to come from the single source land. Upon what basis shall it be decided how much shall go to the Federal government, to the states, to the counties, cities, town- ships, and school districts? On the basis of the claim that this revenue belongs to society since it has been created by society, it would seem just and logical that th revenue THE SINGLE TAX 375 should be distributed to the parts of society which have been instrumental in causing its accumulation. The dif- ficulty which one would encounter in attempting to dis- tribute the annual rental from the Woolworth site on such a basis is easily apparent. 195. The Burden of the Single Tax Would Be Most Severely Felt by Rural Districts. Much discussion has been carried on as to what effect the adoption of a tax on land values to secure the amount of revenue which is now needed would have in changing the tax burden, par- ticularly as between rural and urban communities. It has been set forth by its advocates, in order to win the rural population to its support, that rural communities under such a system of taxation would pay proportion- ately less taxes than at present. In some cases this might be true, but a little calculation should convince one that, as a general proposition, the opposite situation will prevail. Comparison of Rural and Urban Values. The enormous land values of the city are pictured a block in the loop district in Chicago, for example and then the insignifi- cant value of an acre of farm land is offered hi compari- son. The deceitfulness in such a portrayal lies in the fact that the total value of all the agricultural land in an assess- ment district is not compared with the total value of all city lots. If this be done it will be found that in most cases agricultural land values exceed the values of city lands. The other aspect of vital importance is the pro- portion which the value of other assessable property bears to the value of land in each case. In general, the propor- tion is much higher in cities than in the country. When these two features are taken into consideration, the con- clusion inevitably follows that, if land values were made to shoulder the entire tax burden, a larger proportionate amount would be exacted from the rural districts than before the inauguration of the plan. Suppose an agricultural section and a city in the same taxing district. The assessed value of the rural land has 376 OUTLINES OF PUBLIC FINANCE been $5,000,000 and the assessment of other rural prop- erty $2,000,000. In the city the assessed value of the land has been $4,000,000, and of other property, $3,000,- 000. The total tax collected has been $200,000, shared equally between city and country because the assessment was the same. With the exemption of all but land values this equality is disturbed, and more than half the amount will be assessed against the rural communities. While it is the predominating condition generally, in agricultural communities, that the value of land exceeds the value of other property, exceptions are not hard to find. In some of the poorer communities land serves but little purpose, as in some of the states of the Southwest, or among the abandoned farms of New England. Here a large part of the taxable property consists of other than land, and the effect of adopting the single tax on land values would be tragic. Officials would be confronted with the task of extracting revenues from a source which had a bare existence. The Individual Owner. The aggregate relation between land values and other values becomes the concern of the individual property owner when it is suggested to make the land the sole basis of taxes. Suppose the aggregate relation is 50 per cent land values, and 50 per cent a prop- erty valuation, which is to be discarded. An individual whose property was made up of these proportions would find no difference in his tax burden; one whose land represented 75 per cent, and other property 25 per cent of the total value, would be the loser by the change; one whose land was 25 per cent of his total property, and other property 75 per cent, would be the gainer. A few years ago, when there was agitation for the untaxing of build- ings in New York City, the land values of Manhattan represented 64 per cent of the total, and buildings 34 per cent. Consequently, only persons who had land worth more than 64 per cent of the building on it would have lost by the change. THE SINGLE TAX 377 196. Various Tactics Have Been Employed in Propagat- ing the Single Tax. Many direct attempts have been made to secure the adoption of the single tax program, while many of the attempts have been indirect and con- cealed. The use of political campaigns, legislative action, and general education to the principles have been most employed. The followers of Henry George have not always held the same opinion as to the most successful method of propaganda, nor was Mr. George always of the same mind. The scheme which has had the most promise of success at a particular time and place has been the one generally used. Early Propaganda. -The first active campaign for the adoption of the principles of Progress and Poverty was staged by Mr. George in the political campaign for the election of Mayor of New York City in 1886. His book had had a wide reading among the laboring classes, and he had come to be looked upon as the champion of the oppressed and downtrodden. He was chosen as the peo- ple's candidate for mayor, after he had refused to accept the nomination unless thirty thousand signatures could be obtained in favor of his making the race. The issues of the campaign were clear-cut, and while Mr. George and his principles were defeated, the magnitude of the vote which they commanded indicates what a hold they had gained upon the people. Mr. George received 68,100 votes, while the other candidates, Mr. Hewitt and Mr. Roosevelt, received 90,552 and 60,435, respectively. En- couraged by the large vote, candidates were entered hi future campaigns, both in state and in city elections, and at times the principles have entered actively into national political campaigns. Mr. George again entered the New York City mayoralty race in 1897, but died a few days before the election. Death was no doubt due to over- exertion during the campaign. Educational Campaign. The basis for a general educa- tional campaign lies in the gifts of persons of means who 378 OUTLINES OF PUBLIC FINANCE have been interested in the movement. The most im- portant provision for the educational work is the Joseph Fels Fund, started by Joseph Fels a rich soap manufac- turer of Cincinnati. He created funds, not only in the United States, but in various other countries, offering to match every dollar up to certain amounts that others might contribute. From the resources thus provided, much literature has been distributed, and the financing of many campaigns has been made possible. A number of periodicals have been established which are devoted to the dissemination of single tax principles. Legislative Attempts. In recent years much effort, tune, and money have been spent in attempting to secure legis- lation, which, while it has not been directly single tax proposals, will form an entering wedge for the adoption of the principles. Movements to secure the initiative and referendum have been actively supported by those who are interested in the development of the single tax. Much money from the Fels Fund has been spent to secure the adoption of these principles in different states. Where the initiative exists, the opportunity for conducting cam- paigns through the circulation of petitions is made pos- sible, and the way is opened for more extensive educa- tional operations. All propositions which have for their end the separate assessment of land and buildings have of course had the active indorsement of all single tax enthusiasts. Such assessments bring into closer review the so-called unearned land values. Attempt to Secure Local Option. The proposition which has been most heartily supported when it has come before the legislative body, and the one whose adoption the single taxers have labored most strenuously to secure, is what is generally called home rule, or local option, in taxation. It is the proposal to allow the various political units to be self-determining on matters of taxation. The belief is held that, if this be secured, some districts would decide to adopt the single tax principles, and that others THE SINGLE TAX 379 would then be impelled or compelled to follow their ex- ample. In some of the campaigns for securing this prin- ciple, the propaganda has been openly of a single tax nature, while in others there has been an attempt at the concealment of this aspect. The method which seemed to indicate the most favorable results has usually been followed. The end and not the means has seemed to be the important consideration in most single tax campaigns. It is the consensus of opinion that most of the campaigns would not have been waged had it not been for single tax influences. Aside from the legislative activities, the single tax en- thusiasts are becoming more active in putting candidates in the political campaigns. In some states the Single Tax Party has become a force of considerable strength. The fact that a National single tax ticket appeared on the ballots hi the November, 1920, election, is evidence that the political ambitions are not local in scope. A number of single tax clubs and organizations scat- tered over the country continually attempt to scatter single tax influences. These organizations, moreover, keep alert to any political or economic conditions which will favor the adoption of their principles. Lecture bu- reaus have been established to place speakers before in- fluential meetings. Many novel schemes of advertising have been used at various times. As a whole, the move- ment can be characterized as one of active propaganda from the beginning. 197. The Single Tax Campaign in Oregon Did Not Show Substantial Results. When Joseph Fels established his fund for single tax propaganda, it was his purpose to have the single tax in actual operation somewhere in the United States within five years, and to this end the com- mission hi charge of the fund began operations. Because the state of Oregon presented the most fruitful prospects, all efforts were concentrated there for the time being. Because of the strenuous fight which was waged, and the 380 OUTLINES OF PUBLIC FINANCE methods which were used, a somewhat detailed account of the contest will not be out of place, even in a book of this nature. The factor which led the Fels Fund Commission to choose Oregon as its base of operations was the fact that a substantial single tax interest was already manifest there. Through an initiative petition the single tax work- ers succeeded in submitting a constitutional amendment to popular vote in 1908. The amendment, to a large ex- tent, embodied single tax principles, and the campaign was openly a single tax one. The amendment did not carry, but the vote in its favor was so large that its sup- porters were encouraged to look for victory in the not far distant future. An interesting feature of the vote, espe- cially to those who supported the measure, was that the county in which Portland is located almost rendered an affirmative decision. Struggle for Local Option. From the indications of the vote on this amendment, it seemed likely that the single tax could be installed in some of the counties if by some means county local option could be secured in Oregon. In 1910, therefore, the following amendment was pre- sented to the voters: No poll or head tax shall be levied or collected in Oregon; no bill regulating taxation or exemption throughout the state shall become a law until approved by the people of the state at a regular general elec- tion; none of the restrictions of the Constitution shall apply to meas- ures approved by the people declaring what shall be subject to taxa- tion and exemption and how it shall be taxed or exempted, whether proposed by the Legislative Assembly or by initiative petition; but the people of the several counties are hereby empowered and author- ized to regulate taxation and exemptions within their several counties, subject to any general law which may be hereafter enacted. 1 Unlike the previous campaign, the contest over this amendment was not carried through on a single tax basis. The single tax nature was kept in the background, while of Oregon Board of State Tax Commissioners, 1911. THE SINGLE TAX 381 the amendment and its title were worded so as to appeal to a large constituency. The poll tax feature, for exam- ple, attracted many voters because of the general dis- tastefulness of these taxes. The result was that the amendment carried by a small majority. The adoption of this amendment but marked the be- ginning of the real single tax fight. The opponents of the measure arose in disgust and declared the people had been fooled and hoodwinked. The victors became radiant, threw off their cloak of disguise, and exultingly declared it was the greatest victory that had ever been won for the single tax principles. They immediately announced the single tax as the leading issue of the next election. Under the local option amendment, measures were brought forth in three counties to exempt all improvements and personal property from taxation. A state single tax meas- ure was also submitted. A furious bombardment of lit- erature and speeches came from both contending forces. When the polls finally gave the results of the battle it was found that the amendments had been overwhelmingly defeated. A few other attempts have been made at amend- ments, but they were defeated until 1918, when the State Tax Commission succeeded in getting some changes sub- mitted and adopted. Provision is made for uniformity of taxation, and for the levying and collection of taxes under general laws which are to operate uniformly throughout the state. 198. The Advocates of the Single Tax Have Been Active in Other States. While one of the most important battles for the single tax was staged in Oregon, much activity has been found in other states. Campaigns of more or less intensity have been carried on in some of the other Western states, principally Washington, California, Colorado, and Missouri. Much the same tactics have been used as in the Oregon campaigns, with the same general results. Seattle voted down the proposition on two successive occasions. The city of Everett, on the other hand, voted in favor of 382 OUTLINES OF PUBLIC FINANCE its adoption. The State Tax Commission of Washington, however, ruled such a proposition to be unconstitutional, and the ruling has never been questioned. The propaganda for single tax adoption has been carried on somewhat extensively among cities of Colorado, since they are granted a large measure of home rule. In only one case has a favorable vote been secured. This was in the city of Pueblo, but before the measure had a chance to work itself out it was repealed. The people of Cali- fornia, through an initiative petition, voted upon a single tax amendment in 1916, and definitely refused to adopt it. Somewhat earlier a strenuous campaign was staged in Missouri to secure the adoption of a state single tax amendment. Here, again, an attempt was made to con- ceal the identity of the propagators. The opposition was not to be deceived, and directed a vigorous anti-single tax campaign. The result was an overwhelming defeat of the proposal. Situation in Eastern States. The economic conditions in the Eastern states differ somewhat from the conditions in the Western states, consequently the methods used in propagating the single tax have not always been the same. The state of New York has always been the source of much agitation. Some of the so-called tax reform asso- ciations have been active for a number of years in at- tempting to secure legislation favorable to the single tax creed. The separate assessment of land and buildings has been secured, while repeated attempts have been made to secure a reduction of the assessment on buildings. So far the legislature has turned a deaf ear to such appeals. The legislature of Pennsylvania has the distinction of first authorizing a reduction of the assessment on build- ings. In 1913, it provided for a gradual decrease of build- ing assessments for cities of the second class Scranton and Pittsburg until by 1925 the rate was to be 50 per cent of that on land. Two years later the law was re- pealed, but the repeal was vetoed by the Governor on the THE SINGLE TAX 383 ground that there was so much conflict of opinion, and that the law had not been tried a sufficient length of time to prove its merits or defects. The law continues to be in force, and the deductions in assessment are being made as provided for. Many other examples might be given of the activities of these disciples of the taxation of land values. In some states, especially in New York, preparations are being made for waging still more aggressive campaigns. The failure to have accomplished any material results in the past has but spurred the leaders to greater activity. One other enterprise, somewhat different from the undertak- ings which have been discussed in the preceding para- graphs, deserves brief consideration. This is the Fair- hope single tax colony, which is often pointed out as the blueprint of the single tax ideal. The Fairhope Colony. The holdings of the Fairhope Single Tax Corporation consist of several thousand acres of land located in Alabama. The members in the asso- ciation attain this privilege by the payment of a fee, and then lease the village site or farm land from the corpora- tion. The lease price is determined by the differential advantage of the site, or land. No other taxes are col- lected upon the buildings and improvements. In spite of criticisms which have arisen from some of the members, the project seems to have prospered. Perhaps, however, it would have developed under other systems of ownership and taxes. Henry George would attach little importance to any success which it might claim, because he did not believe the single tax could be fairly tried on a small scale in districts where other fiscal systems prevailed. 199. The Single Tax Has Found Adherents Outside the United States. The single tax movement has not been confined to the United States. In fact, when adherents of the proposal wish to cite examples of its successful opera- tion, they invariably choose them from the cities and prov- inces of western Canada. In a number of these towns and 384 OUTLINES OF PUBLIC FINANCE cities land has been practically the sole object of taxation, and under the system the country, towns, and cities grew and prospered. Land values rose rapidly, the taxes were comparatively low, and the burden of providing for the needs of the public purse was scarcely felt. The cities of the United States, especially in the West, have been urged, if they would be prosperous, to throw off the octo- pus of taxing improvements and adopt the system used by Vancouver or Edmonton. Situation in Canada. Present reports from experts who have made a study of the situation, and from the officials themselves, indicate that the tax system in these Cana- dian cities is becoming far from satisfactory. Land values are ceasing to rise in the accustomed ratio, which auto- matically affects revenues. The justice of exempting rich brokers, bankers, and merchants from taxes is being questioned by an increasing number of citizens. An offi- cial of the city of Edmonton has just pointed out the fact that when land values are rising rapidly, and taxes are low, the system works admirably; but that now land values are not increasing, while the need for revenue is increasing. Other sources of revenue must be found or the taxes on land will become unbearable. A few figures will indicate the present condition of Van- couver's prosperity when land values cease to rise rapidly. In 1912 building permits reached over $19,000,000, but in a few years had fallen to less than $2,500,000. Tax arrears were about $510,000 in 1912, $4,220,000 in 1916, and $5,038,000 in 1918. The mill tax rate has gone up from about 16 to nearly 25. The debt has gone from $22,500,000 in 1912 to $40,000,000 in 1918. 1 In a number of cities the rate is being increased to such an extent that refusal to pay the tax is the result, and numerous lots are being taken over in payment for taxes. It has been pointed out by many observers that these conditions do not prevail in the eastern cities, which have not been 1 F, C. Wade, Bulletin of National Tax Association, April, 1918, THE SINGLE TAX 385 affected by the magic of the single tax. It is significant that, in a recent Ottawa municipal election, the proposi- tion to adopt the single tax as a basis for her revenue system was defeated by a three to one vote. It is becoming increasingly evident that the claims that have been made for the tax system of western Canada can no longer be substantiated. A marked dissatisfaction with the system is becoming more apparent. Marked ability to pay taxes is seen among the class of bankers, merchants, and manufacturers, yet they frequently escape almost entirely. Demands are being made that these classes, who are enjoying the benefits of the government, contribute to its support, and future fiscal development may be expected to take the direction of an extension of the bases for the levy of taxes. The Principle in Europe. Some of the principles of the single tax may be found in use hi some European and Asiatic countries, yet these features have no place as a part of the Henry George single tax movement. The Lloyd George scheme for land taxes of 1909 has been pointed out as a single tax achievement. In reality it was simply a plan to secure some return from the vast estates which were being held tax-free, since taxes had been assessed upon the annual rental instead of upon capital value. The unearned increment tax has been used extensively, however, in Germany and Australia. 200. The Single Tax Agitation Has Emphasized Defects in Our Fiscal System. Most economists and fiscal au- thorities condemn the theoretical and practical principles of the single tax, yet none will deny that the agitation has served to emphasize some of the defects of our fiscal sys- tem. The evils and discrepancies of general property taxes have been forcefully portrayed. Examples are not infrequent of where the low assessment of unoccupied lands and sites has been a factor in stimulating specula- tion. It has been shown, too, that increased values and abilities have arisen, and that they have not been made 386 OUTLINES OF PUBLIC FINANCE to bear their fair share of the tax burden. Such portrayals should inspire the authorities to reach these sources through more accurate valuations, and to make exactions from property when its ability to bear tax burdens be- cause of the action of society can be actually measured. Much can be done to eliminate the evils which the single taxers portray, however, without the confiscation of land values. ADDITIONAL READING Seligman, Essays in Taxation, chap. iii. Young, Single Tax Movement in the United States. Carver, Essays in Social Justice, chap. xi. Proceedings of the National Tax Association, 1914, pp. 405-465; 1917, pp. 375-381. CHAPTER XVII PUBLIC INDEBTEDNESS 201. Indebtedness Is Characteristic of Modern Fiscal Systems. In the early existence of governments, borrow- ing was looked upon as an extraordinary means of secur- ing revenue. This method was to be employed when all others failed, or when the need was occasioned by an emergency, such as war or pestilence, and the ordinary sources of revenue were inadequate to meet such sudden demands. In some of the earlier states, moreover, there was no need, even in cases of emergency, for the use of public credit. As need arose, the state simply demanded more services from its citizenship, or extended its power to confiscate any commodities of which it might be in need. As the state evolved from this condition of direct appropriation of materials and services, and as constitu- tional government gradually took on more definite form, the institution of public credit gradually became more prominent. The present widespread use of public borrowing was reached only after a long and slow development. Its history would not be the same in all states. In most of the older states it developed with the growth and remodel- ing of fiscal systems, while some of the newer states, in imitation of the already established governments, have used their credit as a source of revenue from the start. Whatever the development, the institution of borrowing has assumed a place of such importance in modern fiscal systems, that few governmental units can be found which do not practice the policy of deficit financiering. This 388 OUTLINES OF PUBLIC FINANCE condition not only applies to national units of both mo- narchical and democratic types, but to the minor political units, such as the commonwealth, county, and munici- pality. Money Market Necessary. Before public borrowing can be successfully carried out, a money market must be in existence, and public credit must be established. It is evident that before a government can borrow money, the people of that government, or some other, must have money to loan that is, there must be a money market in existence. Since a money market is characteristic of a people of somewhat intense commercial life, it naturally follows that public borrowing can develop only in coun- tries whose citizenship is of the commercial type. It already has been indicated that, among early states, a new prince or ruler frequently repudiated the debts of his predecessor. Under such conditions the institution of public credit was indeed weak, while the loans of the individuals were frequently of an involuntary nature. It was only with the development of constitutional govern- ment, wherein the citizenship gained control over the affairs of the government, that guarantees began to be made against repudiation. With these guarantees public credit grew stronger and public debts grew apace. The Republic of Venice is usually credited with having inaugurated successfully the policy of public borrowing. England did not use it until the time of William III. At present, however, a political unit which is free from debt is very exceptional. Many of the debts, indeed, are of such magnitude that the meeting of the interest charge entails such an enormous burden upon the citizenship that any effort to pay off the principal seems out of the question. Failure of a Reserve Fund. The policy of public borrow- ing has not always received the sanction of students of fiscal problems. In the earlier stages of political develop- ment the maintenance of a reserve fund, or "war chest/' PUBLIC INDEBTEDNESS 389 as it was called, was looked upon as the most feasible method for meeting an emergency. This was gradually abandoned until, in recent years, Germany has been the only important state which still followed this policy. The maintenance of a reserve fund by the state received the sanction of early fiscal authorities because it appeared that this was the only way to relieve the state from financial embarrassment in time of emergency. Subse- quent developments, however, have led to the almost total abandonment of the policy. One reason for its fail- ure has been the inability of a state to acquire and main- tain a reserve of sufficient size to meet the need which modern emergencies impose. The insignificance of Ger- many's war chest of $30,000,000 is apparent when the total of her war expenditures are calculated. To secure and maintain a fund sufficient to meet such an emergency expenditure as the Great War entailed upon its partici- pants, would require sacrifices which no citizenship would be willing to endure. The time and occasion for the use of the reserve fund, moreover, are uncertain, and individuals discount the future to such an extent that they are unwilling to make any great sacrifice hi the present to meet a remote and uncertain need. The subtracting of a large amount of gold from the monetary supply of the country, if the reserve be kept in this form, must curtail commercial and industrial development, and thus lessen the patri- mony of the state. If the state keep its reserve in the form of securities, it constantly faces the danger of having to dispose of them in a poor market, while an element of instability is introduced in the market for securities be- cause of the possibility of the state unloading its holdings at any time. The modern state, hi order to meet not only extraor- dinary expenditures, but frequently ordinary ones, enters the money market alongside individuals, and bids for the use of capital. National, state, and municipal bonds are 390 OUTLINES OF PUBLIC FINANCE so extensively used in modern fiscal systems that they are accepted, without question, as an ordinary occurrence. One needs but to glance over the list of securities which leading banking and brokerage houses offer, to see the importance of the role which the various forms of public evidences of indebtedness play in our modern security markets. 202. All Aspects of Public and Private Debts Are Not the Same. While public borrowing in general partakes of the nature of private indebtedness, yet in some respects differences may occur. In both cases some form of credit must be established, and a source of loanable funds must be in existence. One important difference, however, is the sovereignty of the state. Because of this sovereignty the state cannot be compelled to fulfill any contract it has made. In the United States, for example, no common- wealth can be sued by an individual without its consent. Hence, if a state should wish to repudiate a debt, as has been frequently done, the creditor has no redress. In the case of states, then, there is no political or legal method of enforcing the fulfillment of contract. As a matter of fact, however, there does exist a strong eco- nomic force which acts as a compelling motive to the keeping of obligations. The fear of the inability to place future contracts in a satisfactory manner compels the state to be cautious about violating present contracts. The old adage that "the truth itself is not believed from one who often has deceived," has a public as well as an individual significance. The fact that states were slow to recognize this accounts, in large part, for the slow develop- ment of public credit. Payment of Public Debts. Public borrowing differs from private, also, in the purposes for which it may be undertaken, and in the basis for the payment of the in- terest and principal. In modern private borrowing the great majority is for commercial enterprises of a produc- tive nature. As long as borrowing was for consumptive PUBLIC INDEBTEDNESS 391 purposes, ecclesiastical as well as political authorities for- bade the exaction of interest on the ground that the bor- rowed capital did not create any ability to meet an inter- est charge. The devices which were used to evade these restrictive measures when capital came to be demanded for productive purposes soon led to the legalizing of in- terest payments. A large part of borrowed capital, then, because of the productive uses to which it is put, has in itself the ability to meet the interest charge, and perhaps in time even to provide for the repayment of the principal. There is a mutual gain the creditor gets interest while the debtor gets productive capacity. These conditions of private borrowing may be true in the case when the state is the debtor, but frequently are not. The important difference in the two kinds of debts is that the state does not have to depend upon the pro- ductivity of its borrowed funds to meet the payment of the interest or principal. The payment of interest some- times represents the charge for a public sacrifice, rather than for a public benefit. The funds may have been squandered in some worthless industrial venture or ex- pended on a war in which defeat was the outcome. And defeat usually comes to one of the contending belligerents. In private enterprise the squandering of funds, or fail- ure of the undertaking, frequently means the inability to meet liabilities. In the case of the state, however, lia- bilities can be met from the general taxing power. As long as taxes can be secured, the interest and the principal of debts can be paid. The ability of an individual to meet a liability depends upon the success of his particular in- dustry, while the ability of the state to meet liabilities depends upon the success of industry in general. It is because of this broad patrimony that the state is often able to secure funds on better terms than individuals. Purpose of Debts. -The power of a state to meet its indebtedness charges from general revenues has led to much discussion of what constitutes the legitimate pur- 392 OUTLINES OF PUBLIC FINANCE poses for public borrowing. Some have held that a state should borrow only in those cases where the use of the funds will provide the means of paying the interest and principal. No modern state restricts its borrowing to such narrow limits. No definite rule can be given as to when a state should borrow, and the best measure of justification can be found in comparing the benefits de- rived from the debt, with the sacrifices involved because of it. Difficulty creeps hi here because many important public services, such as protection, education, and parks, are of such an immaterial nature that no money standard can be placed upon them. It has generally been conceded to be bad fiscal policy for a state to expect to meet continually its regularly re- curring expenditures from borrowing. No one would jus- tify such a method of procedure on the part of individuals. It often happens, however, with both states and individ- uals, that revenues are less than were anticipated, or that expenditures are greater. It may be necessary to borrow to tide over until new revenues are available from the ordinary sources, or from new ones. When states borrow under these conditions it is only for a short period, and the intention is not to create permanent indebtedness. Modern public borrowing, with no difficulty in justify- ing it, goes much farther than this. It is the pride of the American people to improve and extend public property. Large municipal bond issues are continually being floated for the purpose of improving streets and parks, for better- ing educational facilities, or for undertaking some public enterprise, such as the waterworks or the electric plant. The national government, as a rule, has made its ordinary improvements, such as the improvement of rivers and harbors, with funds which regularly flow into the treasury each year. When some gigantic project is undertaken, such as building the Panama Canal, borrowing has been used to supplement the other sources of revenue. In such capitalistic enterprises as some that have been PUBLIC INDEBTEDNESS 393 suggested, where the returns are expected to be more than enough to make them self-supporting, there is little ques- tion about the feasibility of borrowing the funds to estab- lish them. The justification of borrowing for giving in- tangible benefits will depend upon the ideas which are held as to the function of the state, and since these are so diverse, no generally accepted opinion can be given. The tendency, however, is for borrowing to occupy a more important place among the sources of public revenues. 203. The Economic and Political Effects of Public In- debtedness Are Important. Much has been said and written concerning the economic and political feasibility of public borrowing. Opinions have varied from the ut- most condemnation to the heartiest approval. The earlier writers were usually extremists in whichever view they took, while modern opinions have been tempered by ex- perience. No longer are a nation's debts looked upon as gold mines, or the creators of an equal amount of capital, or as an institution necessarily destructive of national life. Certain results do appear, however which are worthy of notice, Competitor for Capital. The first obvious effect of pub- lic borrowing is that the government enters the money market as a competitor against individuals for capital. This increase in the demand for capital naturally tends to increase interest rates. The state has the advantage over individual competitors that, since it is not dependent upon the productivity of the borrowed capital to meet the interest or principal charge, it may bid for the capital by offering high or excessive rates of interest. It has the further advantage that, in offering the normal or a lower rate of interest, it can often appeal to patriotism, or make special concessions to its creditors. The real industrial effects of public borrowing will depend upon the method used in securing the loans, and the purpose to which the capital is applied. If the government enters the money market, and offers 394 OUTLINES OF PUBLIC FINANCE the normal rate of interest with no special concessions, the effects upon industry will be scarcely noticeable. If funds are secured, they will come from a supply of free capital, for industry will not readjust itself to supply this demand. Industrial effects would result, however, when public loans are sought through offering a high rate of interest. In the first place, this will bring forth more savers, and a greater amount of saving from the previous class of savers. Money that has been spent for the prod- ucts of industry will now be turned over to the govern- ment. The lessened demand decreases the profitableness of industry, until it is probable that investments of capi- tal which are bringing a smaller return than that offered by the government, when readjustments become possible, will seek government securities rather than a continuation in industry. Under such conditions production under in- dividual management will decrease, accompanied by a decrease in the demand for labor. Use of Borrowed Funds. The use to which a state puts borrowed funds is an important factor hi determining the ultimate effects of public borrowing. If debts are con- tracted for the purpose of carrying on some industrial enterprise, such as constructing and operating canals, railroads, or other similar enterprises, the effects of bor- rowing may be negligible. It may simply mean that the state is supplying a commodity by using capital and em- ploying labor that would be demanded otherwise by indi- viduals. Assuming the degree of efficiency to be the same in either case, borrowing by the government would have no effect on the social income or upon the prices paid in the money or labor market. The ability of the state to undertake industrial enter- prises of such long duration and of such gigantic propor- tions that they would not appeal to individuals, may often enable the state to increase the social income by increas- ing the opportunities for the use of capital by individuals, as well as by increasing the effectiveness of capital already PUBLIC INDEBTEDNESS 395 in use. Borrowing by the United States government for constructing the Panama Canal, or for its numerous rec- lamation projects, are examples of this sort. Not all the returns from borrowing, however, are spent in fostering productive enterprise. In fact, a large part has been used in the destruction of productive capacity, for a large percentage of borrowed funds has been used in the prosecution of war. In such cases a derangement of the industrial system occurs. Individual enterprises change the nature of their production in order to supply the materials of war, which the government is demanding. These materials are largely for immediate consumption, and with their consumption a large amount of capital and labor is destroyed. The result is that, for a time at least, after the emergency is past, the amount of commodities which can be produced is less than what is desired. This results in higher prices. It is not meant to infer that these effects are inherent in the institution of credit they merely arise from the use which the state makes of its funds. Borrowing simply increases the ease of securing funds. Social and Political Effects. Public indebtedness, if car- ried to extremes, may also influence social and political institutions. The fear has often been expressed that the public securities will, to a great extent, fall into the hands of a wealthy few, and thus help to create an idle leisure class. It is also quite possible that this class of security holders may secure enough political power to influence legislatures in prolonging a state's indebtedness longer than the economic situation might justify. The situation exists, of course, that a part of the citizenship is taxed to pay the other part. Too frequently the holders of public securities bear little of the burden of taxes to meet interest or principal charges. Experience has shown that these fears have not been entirely unfounded. Fortunes have been swelled through the manipulations of the public security market. The 396 OUTLINES OF PUBLIC FINANCE Civil "War furnishes a number of examples of this. That the securities tend to fall into the hands of a few is illus- trated by the fact that before the Great War the entire amount of United States bonds was held by less than one thousand individuals and six hundred corporations. At present about one fifth of the holders of United States bonds live in one state, and these hold nearly one third of the total issue. Another danger of public borrowing is that since the burden of present expenditures is not realized, legislators may undertake ventures, the wisdom of which would be seriously questioned if the funds had to be secured from taxes. In other words, where public borrowing can be resorted to with little difficulty, the citizenship will feel less obligation to guard closely the public purse strings than if expenditures had to be met through the channels of taxation. This danger was recognized in the formation of most of the constitutions of the American common- wealths. These generally contain strict limitations upon the power of the legislatures to issue bonds. Similar re- strictions are generally placed upon the governing bodies of municipalities. International Complications. The holding of the securi- ties of one country by another may become the source of political difficulties. Numerous examples have arisen where smaller nations have become involved with larger ones because of debt obligations. International law has established the principle that any unsatisfied debts of one nation held by another are sufficient grounds for diplo- matic intervention. This intervention has often taken the form of armed force. Egypt became a British pro- tectorate, among other reasons, because she abused the credit which England had extended to her. The same influence was potent in the French domination of Tunis. The Monroe Doctrine has been called into use to prevent the forcible seizure- of property to settle debt claims among some of our southern neighbors, especially Mexico. PUBLIC INDEBTEDNESS 397 It is entirely possible for bonds issued by some common- wealths to be held by a foreign power. The political en- tanglements with the Federal government, which a forced collection of such an obligation would entail, can be easily imagined. As public credit becomes more firmly estab- lished, and as nations less frequently repudiate either principal or interest, these difficulties automatically dis- appear. 204. All Countries Have Not Taken the Same Attitude Toward Extinguishing the Public Debt. The question naturally arises as to what disposition shall be made of a public debt after it has been contracted. The answer which ordinarily occurs to American students is that the debt will be canceled at the earliest convenience. The American people have shown little sympathy with the policy of perpetuating a debt. Most other countries, to a greater or less degree, do not share this attitude. Eng- land, to some extent, assumes the American viewpoint, while the countries of Latin origin generally show little concern in regard to the extinction of their indebtedness. Since these two viewpoints are prevalent, it is of impor- tance to note the reasons advanced for the adoption of each policy. Reasons for Extinguishing Debts. A factor of primary importance in the consideration of debts is the burden placed upon the citizens of a country, and it is upon this phase, largely, that the policy of debt extinguishment dif- fers. The payment of a debt necessarily means heavier taxation with a corresponding burden upon industry. If the principal is allowed to stand, however, the burden can gradually be decreased by the natural expansion of indus- try, and gradual increase of the social income and wealth. With this development the burden of an interest charge gradually becomes less because the financial ability of the citizenship has been increased. In England, for example, in 1815, the interest charge of the public debt was slightly less than 10 per cent of the annual social income. By 1880 398 OUTLINES OF PUBLIC FINANCE the same interest charge represented less than a 3 per cent burden upon the social income. The same situation is, of course, true in many other countries. The tendency for money to depreciate in value also lessens the burden of indebtedness. In periods when the value is appreciating, as following 1873, however, the op- posite effect will ensue. When the present indebtedness of most countries is taken into account, however, it is too much to hope that currency depreciation will make any appreciable diminution in the burden. Debts are fre- quently contracted at times when currency is at the peak of depreciation in periods of war inflation and the chances are that the subsequent changes in the value of the currency will enhance, rather than decrease, the bur- den of indebtedness. The burden which the extinction of a debt will place upon the industry of a country has often been over- emphasized. It is true that the state has no independent source of capital out of which to pay the bondholders. It must resort to taxation, and taxes are paid from the capital or income held by the citizenship. What the state does is to collect a fund from one class of citizens, the tax- payers, and turn it over to another class the bondholders. In order that nothing be lost by the transfer, the second class must use the funds as efficiently as the first class would have used them. It is not at all unlikely that they may be used more efficiently. If taxes are so contrived that they take funds for the state that otherwise would have been squandered, then productive capacity may actually be increased by the payment of debts. The productive capacity of a country would be de- creased, of course, if its debts were paid when the security holders lived in another country. This is usually true to such a small extent as to have little influence in shaping the course of action. Cancellation of debts may have a further wholesome effect upon industrial workers, in that their minds are relieved from the thought that a part of PUBLIC INDEBTEDNESS 399 the products of their exertions is going to the class of bondholders, and perhaps is assisting to maintain them as an idle class. 205. Public Debts May Take a Number of Forms. Not all public debts are of the same nature, and may differ materially in a number of ways. One of the first distinc- tions to be drawn was between funded and unfunded debts. As the terms indicate, a funded debt was one against which some particular fund or collateral was placed to insure payment, while an unfunded one was simply a debt contracted on general credit. These terms are still in common usage, yet their significance has lost much of the defmiteness of the earlier years. Not infre- quently the terms bonded and floating debts are used as almost synonymous with the two older expressions. In general, the important distinction between a funded or bonded debt, and an unfunded or floating one, is the time element. The old idea of security has disappeared to a large extent, and in many cases has been reversed. Mod- ern long-term obligations, as a rule, are issued upon the general public credit, while short-term obligations fre- quently have specific revenues pledged for their redemp- tion. Public borrowings for short periods, such as to meet a deficiency of revenue, or a small unexpected call upon the treasury, which can soon be taken care of from general revenues, take the form of floating debts. A good exam- ple of borrowing of this nature was the large amount of treasury certificates issued by the Federal government during the Great War in anticipation of revenue from the Liberty Loans and taxes. The Liberty Loans, of course, would be classed as bonded or funded debt. The use of the expressions " short time" and "long time," hi the above distinction, is far from definite. It is, however, the best that can be made. There is no uni- formity among writers or fiscal authorities in the various political units as to what constitutes a short-term or a long-term obligation. With some, a short-term loan may 400 OUTLINES OF PUBLIC FINANCE extend over a period of years, while with others it may not be considered proper to extend over as many weeks. It is to be hoped that some more definite distinction will gradually be adopted. It might not be disadvantageous if the commercial distinction between short and long term obligations would convey similar ideas when applied to fiscal transactions. Methods of Originating Debts. A second distinction in public securities may be based upon the difference in the way in which the obligation originates. The sovereign power of the state gives it the advantage over the individ- ual borrower, in that it can force loans from its citizen- ship. These forced loans frequently take the form of short-term obligations, such as the treasury certificates which have frequently been issued in payment for goods or services at times when funds were scarce. These cer- tificates are usually interest-bearing, and made payable as soon as sufficient revenue is expected to accrue. Cities frequently make use of similar forms of obligations to tide over a shortage of funds. The action of the state in issu- ing fiat money is somewhat similar to a forced loan, yet in the strict sense it cannot be called a credit transaction. The importance of forced loans, in the modern state, is comparatively insignificant. The class of public loans which is by far the most im- portant comprises those obligations in which a voluntary agreement has been entered into between the state as debtor, and the individual as creditor. There may be many terms about which the agreement must be made, and it is on the basis of these terms that voluntary loans, or, as some call them, contract loans, may be classified. 1 The debtor-creditor relation with the state often arises through comparatively simple transactions, in which the fact that the state becomes a debtor is often not consid- 1 For an excellent classification of contractural debts, see Introduction to Public Finance, by Plehn, third ed., p. 389. PUBLIC INDEBTEDNESS 401 ered. In these cases the redemption of the debt does not depend wholly, or even in part, upon the credit of the state, but upon additional assurances. When an individ- ual purchases a postal money order, he becomes the creditor of the state, yet he feels, in no sense, that the credit of the state is involved. The numerous cases in which some form of collateral is required before business transactions are permitted, are other examples. Insur- ance companies are often required to deposit bonds before engaging in business, while national banks must deposit bonds with the Federal treasury before circulating notes may be issued. In all these cases the amount received by the government is kept for redeeming the obligation, so that its credit is an insignificant factor. Much the same situation exists between the government and the holders of its representative paper money. The holder of gold and silver certificates is protected by a 100 per cent de- posit of specie. In the more purely credit transactions, differences in the contract frequently exist. The state may agree to pay no more than interest. This is true when a govern- ment issues a perpetual bond, which is frequently done by some European countries, and was formerly attempted in the United States. It may be true that the government agrees to pay no more than the principal. This situation is approximated when a state uses redeemable paper money. The most ordinary contract is one in which the state agrees to make payment of both principal and inter- est, the details of which will depend upon the time for which the capital will be needed, the general condition of the money market, and the pressure of the state's need. Loans have been negotiated frequently on some annuity plan of payment, in which the creditor is to receive a fixed payment for a definite number of years or for life. In all these cases the creditor has been a voluntary partner to the contract, and expects the state to comply to the terms agreed upon. 102 OUTLINES OF PUBLIC FINANCE 206. Many Problems Arise in Floating a Bond Issue. Many problems confront the fiscal authorities when they decide to float an issue of public securities. The rate of interest is an important consideration, as well as the method of securing subscriptions to the loans. Other con- siderations are from what source the funds will come, the special privileges which shall attach to the holders of the securities, and the length of tune they are to run. Many mi- nor considerations exist, also, which must not be neglected. Interest Rate. The rate of interest which the securities are to draw, while it is not a distinct factor unrelated to other conditions, is of primary importance in determining the conditions of a bond issue. Ordinarily the attempt will be made, if the bonds are to be put on the market and sold, to have the rate of interest as near as possible to the current rate. If it should be below this, the bonds will sell below par, and the principal of the indebtedness will be larger than the amount which becomes available for the use of the state. If the provision is imposed that the bonds must be accepted at par, the state will be dis- appointed in finding a market for its securities unless a strong element of patriotism be hi existence. Franklin experienced this situation in attempting to borrow from European countries during the Revolution. Because of the low rate of interest he was authorized to pay, no aid could be secured except from France, and this was given from other than economic motives. It may happen at a time when funds are scarce, and the needs of the govern- ment are pressing, that the rate of interest will have to be higher than the current rate in order to draw funds to the use of the government. Other Conditions. The success of a loan, where all the conditions are predetermined by the fiscal authorities, depends upon their ability to judge the money market and the desires of the prospective purchasers. Frequently these predetermined conditions are designed to attract buyers for the securities. Freedom from ordinary taxes is PUBLIC INDEBTEDNESS 403 perhaps the most general privilege attached to govern- ment securities. Tax privileges are not always the same, as is evidenced by the various issues of the Liberty Loans. The method of interest payment is made as attractive as possible. Frequently bonds of the same issue are partially of the registered type, and the remainder coupon bonds. Registered bonds appeal to investors who seek protection from loss and theft, while the others are more convenient to the general investor. In determining the clientele of purchasers, the size of the bond is an important item. Where it is desired that the subscribers come from the general population, the de- nominations of the bonds will be comparatively small. The fifty dollar "baby bond" used in the Liberty Loans is a familiar example of appeal to popular subscription. The war saving stamps and war certificates were designed to appeal to still smaller investors. The length of time the bond is to run has much to do with its desirability as an investment, therefore this feature is often varied to appeal to different classes. Disposal of Securities. Where comparatively small sums are desired, the state need not predetermine the interest rate, but has the alternative of accepting bids for the supplying of the needed funds. The fiscal authorities can make it known to banking and brokerage houses, and the general public, if considered desirable, that a certain amount is needed for a certain length of time, that the securities will bear certain privileges, and let the compe- tition of the prospective lenders decide the interest rate. In this case the burden of the speculative element in the money market rests to a greater extent on the purchaser of the securities. If the market for securities becomes more favorable within the period of the loan, the purchaser may sell and be the gainer; should the market become less favorable, the loss must be his. In disposing of a bond issue, government officials may make use of a number of agencies. The need for different 404 OUTLINES OF PUBLIC FINANCE methods of appeal varies with the size of the loan as well as with the number and classes of citizens whom the offi- cials desire to interest. Everyone is familiar with the various methods of approach which the Federal govern- ment used in selling the different Liberty Bonds, Adver- tising campaigns were carried on by the use of billboards, in magazines, and in the newspapers. Literature was mailed to the individual, while appeals were made in the churches and theaters. The features of patriotism, duty, sound investment, and even loyalty, were emphasized. Different forms of banking institutions were used exten- sively as government agents in disposing of the securities, while many other business houses, as well as individuals, gave unstintedly of their time and energy to push the sales. In short, practically every method of salesmanship is open to the government, and extensive use has been made of the various methods of approach. 207. Administering a Public Debt Presents Complex Problems. We have already noticed that public credit may take the form of perpetual bonds, a principal and interest charge, or some form of annuity payment. In administering these various forms, especially the princi- pal and interest charge, perplexing problems often arise. Problems occasionally arise when a state with perpetual bonds or life annuities decides to reduce its indebtedness, but these do not occur as frequently as the problems of conversion or payment of a terminable debt. Conversion of Debt. A state may frequently desire to change the nature of a bond issue. It is not able to cancel the indebtedness, but has an opportunity to put it into a more favorable form. It often happens that the exten- sive government borrowings are made in times of strin- gency, and the rate of interest is necessarily high. Had it been possible to wait a few years much better terms might have been secured. It is the problem of the fiscal authorities, while they cannot cancel the debt, to refund or convert it into an issue of more favorable terms. Most PUBLIC INDEBTEDNESS 405 modern government bonds are so drawn as to aid this procedure. A 5-30 bond, for example, is one which may be paid any time after five, and before thirty years from the time of issue. If, after five years, a loan can be con- tracted for on much better terms than the original one, the fiscal authorities need but float a new issue of securi- ties and use the proceeds to take up the old obligations. It often happens that a number of conversions of the same original debt may take place until satisfactory terms are the result. The holders of the old obligations are fre- quently given the privilege of exchanging them for issues of the new, at a fixed rate of exchange. These processes are not designed to reduce the indebtedness, but simply to change its form. Use of Sinking Fund. The general tendency has been for countries to adopt the policy of debt extinction. The use of this policy creates the problem of securing funds to meet the debt obligation when it falls due. Conversion may be used to postpone payment, but it does not cancel it. A scheme for debt payment which was developed in England, and which is widely used, is known as the sink- ing fund. Under this scheme, in order to meet a debt obligation when it matures, there is set aside a certain sum from the general revenue each year, so that the sum of the accumulations will equal the debt. The early use of the sinking fund was very popular in England because of the fallacious idea that it provided a burdenless method of paying indebtedness. A small amount of bonds were to be purchased and retained by the government, and the interest on these bonds the next year was to be used in buying more bonds. This was to continue until these interest payments canceled the debt. The scheme, no doubt, would eventually cancel the debt, but the burden of doing so would still fall on the taxpayer. The annual interest charge which made the purchasing power had to come from somewhere, and taxation was the only source. 406 OUTLINES OF PUBLIC FINANCE Any justification for the use of a sinking fund does not come from the reduction of burdens, but from providing the assurance that a source of funds will be on hand, out of which the payment of debts can be made when they fall due. The maintenance of such a fund may even en- hance burdens. The administration of the fund must be provided for. It must be kept separate from other gov- ernment funds, so that the treasury will not be subjected to the evils of a surplus, and so that the fund will not be used for other purposes than the cancellation of the debt. The fund should, of course, be used in some productive capacity, or it will entail the burden of putting capital out of use. Yet it must be kept absolutely safe or the scheme fails. The administration of such a fund grows into a task of no little magnitude. Sinking Fund in the United States. The various politi- cal units in the United States have made extensive use of some sinking fund arrangement. At the end of the Revo- lution the early English scheme of an accumulating in- terest fund was adopted. A little later specified revenue receipts were added to this. Much the same provision was made during the Civil War to insure debt payment. Customs receipts were to go to the payment of interest and to redeem a part of the debt. The redeemed debt, as well as its interest charge, was to be used as a sinking fund. The sinking fund arrangement has again been invoked to take care of the liquidation of the Liberty Loans. The period required by the arrangement is twenty-five years. Experience has shown, however, that such arrangements have not been needed by the Federal government, for its debts in the past have been canceled more rapidly than the sinking fund provision anticipated. American states and cities have made, of necessity, a wide use of this prin- ciple of debt payment. State constitutions generally make it obligatory that, upon the contraction of a debt by the sta,te or its cities, provision for the payment of the PUBLIC INDEBTEDNESS 407 debt must immediately be made through the establish- ment of some sinking fund arrangement. 208. A Study of Indebtedness in the United States Pre- sents Interesting Conclusions. Statistics of indebtedness of the Federal government and some of the minor political divisions, inaccurate as they may be, present some inter- esting comparisons. The following table gives the com- parative net indebtedness of the Federal, state, and city governments for five successive years. 1 NET INDEBTEDNESS STATES NATION CITIES WITH MORE THAN 30,000 POPULATION Year Total Per Capita Total Per Capita Total Per Capita Not avail- able $77.53 77.78 76.64 75.56 1919 1918 1917 1916 1915 $519,887,000 502,493,000 501,943,000 459,661,000 424,155,000 $4.95 4.86 4.93 4.59 4.31 24,479,302,000 10,924,281,000 1,908,635,000 989,220,000 1,090,148,000 $232.95 104.59 18.56 9.77 10.95 $2,698,000,000 2,661,451,000 2,587,083,000 2,473,104,000 2,355,149,000 A comparison of these figures shows a general increase in indebtedness, and an enormous increase in the indebted- ness of the Federal government, a part of which can be accounted for by the Great War. In normal years the national indebtedness has been much more than double that of the states. The city indebtedness, on the other hand, has been more than double that of the Federal government. Indebtedness of States. No uniformity can be found in comparing the indebtedness of individual states. The following table, which shows the indebtedness of some of the states, indicates that the Eastern states and newer Western states have an indebtedness far exceeding that of the Central states. This can be explained readily when due cognizance is taken of the fact that in the Eastern 1 This table and the ones following in this chapter, unless otherwise indi- cated, were compiled from reports of the Bureau of the Census. 408 OUTLINES OF PUBLIC FINANCE states much public improvement is being undertaken, while in the newer states the process of initial develop- ment is still present. In the Central states, however, the developmental stage is past, and they have not as yet begun the stage of intensive improvements. The state of Pennsylvania appears an exception to this generalization. This situation is explained by the fact that it is a part of her fiscal policy to avoid as nearly as possible the creation of indebtedness. TABLE SHOWING THE NET INDEBTEDNESS OF PARTICULAR STATES (1918) l State Total Indebtedness Per Capita Funded Floating Arizona $ 3 509 000 $13 10 $ 3,009,000 Illinois 3,997,000 0.64 243,000 $1,814,000 Massachusetts Pennsylvania. . . 134,158,000 4,645,000 35.57 54 130,618,000 1,072 000 534,000 52,000 Virginia 23 931 000 10 84 22 112 000 1 689 000 Colorado 5881 000 5 96 4 548 000 Oklahoma New York 7,856,000 241,164,000 3.37 22.85 6,329,000 236,215,000 669,000 The growth of the indebtedness of a progressive state such as New York, over a period of years, is interesting, as is also the growth in a central state, such as Illinois, which has not as yet undertaken such extensive public works. The comparative tables follow. Illinois is now beginning road building, so that in the future it is possible the wide differences in indebtedness may disappear. NET INDEBTEDNESS OF THE STATE OF NEW YORK Year Total Per Capita Funded Floating 1890 $ 4,964,000 $ 0.30 $ 4,964,000 1900 10,941,000 1 31 10,941,000 1910 1912 1918 58,532,000 111,457,000 241,164,000 3.86 9.05 22.85 57,919,000 110,391,000 236,215,000 $ 612,000 1,066,000 669,000 1 The addition of the funded and floating indebtedness does not give the total indebtedness because a few items are not considered in either class. PUBLIC INDEBTEDNESS 409 NET INDEBTEDNESS OF THE STATE OF ILLINOIS Year Total Per Capita Funded Floating 1890 $1,811,000 $0.47 $1,184,000 $ 626,000 1900 2,180,000 0.45 1,685,000 495,000 1910 2,244,000 0.40 1,830,000 413,000 1912 2,275,000 0.39 1,831,000 441,000 1918 3,997,000 0.64 243,000 1,814,000 Indebtedness of Cities. The indebtedness of cities is found to vary directly with the size of the city. In nearly every case the floating debt is less than the funded. The limitations placed upon the indebtedness of some munic- ipalities prevents figures from indicating the extent to which borrowing would be used if the restrictions were absent. The following table shows the indebtedness of some cities, the population of which varies: NET INDEBTEDNESS OF PARTICULAR CITIES (1918) City Total Per Capita City Total Per Capita New York. . . . Chicago $1,005,055,000 72,728,000 $175.17 28.55 Albany Harrisburg. . . . $7,770,000 2,555,000 $72.87 34.86 Cincinnati. . . . 66,706,000 95.93 Topeka 1,670,000 33.72 Many cities in the various groups will have a total and per capita indebtedness out of proportion to the popula- tion. The city of Chicago, for example, has a remarkably low indebtedness for its size. If space permitted to show figures for a large number of cities, the tendency for in- debtedness to increase in proportion to the population could easily be traced. 209. The Indebtedness of Many Countries Has Reached Vast Proportions. The indebtedness of the principal na- tions of the world has become so large as to be almost incomprehensible. The Great War was responsible to a large extent, of course, for this situation. The following table of the approximate indebtedness of a few nations, before and after the war, will indicate to what extent this was responsible for the present situation. 410 OUTLINES OF PUBLIC FINANCE APPROXIMATE INDEBTEDNESS OP IMPORTANT NATIONS BEFORE AND AFTER THE GREAT WAR l Country Debt, August 1, 1914 Debt, January 1, 1920 United States $1,000,000,000 $26,000,000,000 Great Britain 3 500 000 000 42 000 000 000 France 6,500,000,000 33 000 000 000 Russia 4,600,000,000 30,000,000,000 Italy.. 2,800,000,000 13,000,000,000 German Empire 5 200,000,000 45 000 000 000 The real meaning of such an immense indebtedness can be understood only when the burden upon the citizenship is considered. The indebtedness of the United States was contracted through the four Liberty Loans, the Victory Loan, and by issuing thrift stamps and war saving cer- tificates. The interest rate, conditions of payment, and other items, varied with the different loans, the details of which will be discussed in the chapter on Financing an Emergency. The figures in the above table are so large as to be beyond comprehension. A debt is important and burdensome to a nation, however, only as it affects par- ticular factors. Some of the important items to be con- sidered are the burdens placed upon each individual, as well as upon the national wealth or the national income of a country. The real significance of the present vast indebtedness can best be appreciated by attempting an estimate of some of these classes of burdens. It is estimated that the national wealth of the United States is between $275,000,000,000 and $300,000,000,000. If this be correct, the indebtedness amounts to between 5 and 8 per cent of the national wealth, and is a per capita burden of about $225. An item exists, however, which should be deducted from this. About $10,000,000,000 was loaned to foreign countries under the stipulation that its liquidation should be used to cancel an equal amount of the national debt. This amount of the debt, then, 1 These figures are taken from a booklet, The World's War Debt, published by the Mechanics and Metals National Bank, PUBLIC INDEBTEDNESS 411 should entail no burden upon the citizenship of the United States. The burden of the annual charge upon the national income is no less significant. It has been estimated that the annual social income of the United States is approxi- mately $60,000,000,000. The interest charge alone amounts annually to about $1,000,000,000. To meet this a little more than $1.60 must be taken from each $100 of the national income. In addition to this the burden of pro- viding for the sinking fund must be added. This entails nearly another half billion dollars. This, added to the interest charge, would take a little less than $2.50 from each $100 income, or about $15 per capita. Here, again, the loan to foreign countries has a significant effect. When the interest and sinking fund burden of the $10,- 000,000,000 is deducted, it leaves an annual per capita burden of something less than $10, or approximately $2 from every $100 income. In other words, the actual an- nual burden of indebtedness on the people of the United States amounts to a little less than 2 per cent of the national income. This charge may appear large to a people that has been accustomed to practically no debt burden, but it sinks into insignificance when it is compared with the burden that the debt of other countries is placing upon their citizenship. The debt of Great Britain is about $36,- 000,000,000, or a per capita burden of about $780. Her national wealth is somewhere around $120,000,000,000, with a national income of about $15,000,000,000. This means an annual interest charge of about $10 out of every $100 income, or what would be equivalent to a 10 per cent income tax on the entire national income. Great Britain, however, has loaned about $5,000,000,000 to her allies, the payment of which would lower proportionately her burden. The burden upon France and Germany is still more startling, while that upon Italy is somewhat less. France 412 OUTLINES OF PUBLIC FINANCE has a debt about the size of that of Great Britain, but with a national wealth only about three fourths as large, and an annual income about four fifths as large. This makes her per capita debt between $900 and $1,000, with about $15 out of every $100 of her income needed to meet the interest charge. Germany's debt is something less than $40,000,000,000, her wealth between $75,000,000,000 and $80,000,000,000, and her income something over $10,- 000,000,000. This makes her per capita indebtedness about $600, while the annual charge requires nearly $20 out of every $100 income. Italy's per capita debt is ap- proximately $350, and the annual burden about $7.50 out of every $100 income. These figures will hold as approximately correct for the middle of 1919, when the indebtedness of most countries had reached its maximum. The relative status of the various countries under consideration may be gained readily from a glance at the computations in the following tabulated form. A few other calculations have been added because they show interesting comparisons. INDEBTEDNESS CONDITION OF IMPORTANT COUNTRIES l Country Debt in Billions Per Capita Debt Wealth in Billions Income in Billions Per Capita Income Burden on $100 Income Per Capita Interest Charge United States. . Great Britain. . France . . $24 36 36 $225 780 900 + $275-300 120 90 $60 15 + 12 $555 335 300 $ 1.50 10.00 15.00 $ 9.25 34.25 45 00 Germany 40 600+ 75-80 10 205 20.00 30-00 Italy . 12+ 350 40 7+ 155 7.50 15.25 A moment's reflection upon these figures causes one to realize the pressing burden of indebtedness which rests upon these countries, especially the European nations. It must be remembered, too, that only the national in- debtedness has been considered, and that the minor polit- 1 These figures are taken, very largely, from a booklet published in 1919 by the Bankers Trust Company. PUBLIC INDEBTEDNESS 413 ical divisions generally have a heavy debt charge of their own. This, added to the enormous interest charge, makes the total burden of public indebtedness so large that it can be materially lessened only after a considerable lapse of time. ADDITIONAL READING Adams, Public Debts. Bankers Trust Company, Our Public Debt. CHAPTER XVIII THE ADMINISTRATION OF PUBLIC FUNDS 210. The Importance of Proper Fiscal Administration Sas Been Underestimated. Previous chapters have indi- cated that, during the first stages of the development of fiscal systems, the question of revenue was of greatest concern. Gradually, consideration has been directed to the use to which the funds were put, until fiscal students have become much concerned about public expenditures. A third important phase of public funds their adminis- tration has been recognized only recently as being of any particular consequence. It is true that in the very early development of fiscal systems much attention was given to methods for handling revenues and expenditures. As the pressure for funds became more pronounced, how- ever, attention became concentrated on sources of rev- enue, while little was thought or said concerning the man- agement of the public funds. It is only recently that the importance of this aspect has again begun to receive due consideration. Various factors have caused modern fiscal students to emphasize the importance of the proper administration of public funds. Expenditures, in numerous political divisions, have become so large that the burden of the revenue charge is felt keenly. Many political units have reached the limit of indebtedness, as well as the maximum tax rate, while a scarcity of funds still exists. Under such conditions the question naturally arises whether the rev- enues and expenditures have been properly handled. The increased emphasis which has been placed recently THE ADMINISTRATION OF PUBLIC FUNDS 415 proper methods of accounting in private business enter- prises, has no doubt stimulated interest in the handling of public funds. A modern business firm keeps in close touch with revenues and expenditures through its skilled accountants, and because of this demand the importance of the accounting profession has increased many tunes. Since this close management has proved so beneficial to private enterprise, many have seen the need for a similar policy in handling public funds. The continual increase in the number of charges of graft and misappropriation of funds on the part of fiscal officials has no doubt been an important factor in leading citizens to demand a stricter account of the services which these officials ren- der. It is the purpose of this chapter to indicate some of the deficiencies in methods that have been used in han- dling public funds, and to suggest some improvements. 211. The Administration of Public Funds Should Har- monize with Other Institutions. When the amount of funds which fiscal officials handled was small, the method in which they were administered was of little concern to others than the officials. As the amount of funds began to increase with the gradual extension of government ac- tivity, it became quite possible that the method of han- dling the funds would be of interest to others than the officials into whose hands the funds were placed. Adam Smith's axiom that taxes should be paid at a time when it was most convenient is worthy of consideration. In the supply of capital there are seasons of scarcity and seasons of plenty. It is indicative of poor judgment on the part of the fiscal officials, if the collection of revenue is so arranged that the time for its payment comes when the contributor is least able to meet it that is, at the season when money is already scarce. If such an arrange- ment exists, it will mean a still greater strain upon bank reserves than what would nominally occur, with a corre- sponding raise in the discount rate. If, on the other hand, fiscal officials so arrange that substantial payments by 416 OUTLINES OF PUBLIC FINANCE the government are made at times when money is already plentiful, the difficulties of a cheap money are increased by such action. In the formulation of fiscal plans, more- over, the possible effects on individual industries have not always been given due consideration. Many illustrations of these difficulties have occurred in the revenues and expenditures of various political units. One of the outstanding examples, however, has been in the fiscal machinery of the Federal government. In the establishment of the first and second United States banks consideration was given to their ability to aid individual enterprise. President Jackson went to the extreme in using the government funds for the aid of general indus- try when he distributed them among the banks of his choice. The resulting speculation, followed by the panic of 1837, led to the adoption of the independent treasury system. The system was not put into actual operation until 1847, and has since remained in some form. The Independent Treasury. The original intention of the plan of the independent treasury was to keep all the funds of the government in this treasury or the sub- treasuries for which provision was made. The chief diffi- culty with this arrangement was that large sums of capi- tal, which might otherwise have been used as the basis for bank credit, or for productive enterprise, were held in the vaults of the government until they were needed to meet some obligation. These payments were of course at ir- regular intervals, and frequently had a noticeable effect on the money market. After some years the Secretary of the Treasury was authorized to make deposits, under cer- tain conditions, with national banks. Such deposits were made at the discretion of the Secretary, and the opinions of all Secretaries were not the same, nor could a definite policy of any particular one be relied upon. The result has been an element of uncertainty in the banking system and in the money market. It could not be foreseen just what policy would be followed by the THE ADMINISTRATION OF PUBLIC FUNDS 417 Secretary of the Treasury. Banks did not know whether to anticipate deposits or withdrawals. There was no law which regulated these activities, and the practice was so diverse that no definite action could be anticipated. As there has been no uniformity in the receipts and disburse- ments of the government from year to year, or from month to month, so there has always been more or less uncertainty as to how banks and other industries would be affected by these variations in the operation of the treasury. The result has been a constant speculation among banks as to what the action of the Secretary of the Treasury would be. The Secretary has been hi no way connected with the banks or other industries, yet has had control over a factor which vitally affected their w r elfare a situation under which it has been impossible to ex- pect satisfactory cooperation. The independent treas- ury system still exists, but it has sunk into insignificance to such an extent since the adoption of the Federal Re- serve Banking System that its influence is scarcely felt. 212. The Expenditure of Federal Funds Is Carefully Scrutinized. In the establishment of the Treasury De- partment there was a diversity of opinion as to what form it should take. Many felt that it would be unwise to in- trust the handling of the nation's finances to any particu- lar individual, and contended that the funds should be handled by a commission. Many considered that it would be impossible to secure a man who would be honest enough to intrust with so much responsibility. After much debate the Treasury Department was established under one head, the Secretary of the Treasury. Unlike other departments, this department is independent of the control of the President, but is closely allied to Congress. To obtain information on financial matters, Congress may inquire directly of the Treasury Department, without the consent of the President. Organization of Treasury Department. The internal or- ganization of the Treasury Department was carefully 418 OUTLINES OF PUBLIC FINANCE worked out, and was designed to be a system of checks. At times it has proved rather cumbersome. Besides the Secretary there was to be appointed an assistant Secretary, a comptroller, an auditor, a treasurer, and a register. As the business of the department expanded it became neces- sary to increase the number of some of these officers, and to assign particular funds to their jurisdiction. It is the duty of the comptroller to scrutinize the correctness of the accounts, and to countersign warrants drawn by the Sec- retary of the Treasury. The register must preserve vouchers and bills, while the treasurer sees that no funds are improperly paid. The auditor must see that the accounts are properly kept. In order to secure funds from the United States Treasury, it is first necessary that an appropriation be made by Congress, and that the war- rant be signed by the Secretary, countersigned by the comptroller, and recorded by the register. Later Modifications. As the business of the treasury expanded, the number of auditors and comptrollers was increased, and a portion of the accounts was distributed to the different branches. To use all the checks, however, which were first intended, began to prove too complex and cumbersome. In 1894 Congress modified the system by abolishing all the comptrollers except one. Such de- tailed revisions of accounts as had formerly been practiced were also modified. There now are six auditors, whose duties are divided hi the following manner: the first auditor takes care of the accounts of the Treasury De- partment; the second auditor handles the accounts of the War Department; the third auditor handles the ac- counts of the Department of Interior; the fourth auditor reviews the Navy Department accounts; the fifth auditor is concerned chiefly with the accounts of the State De- partment; while the sixth auditor looks after the accounts of the Post Office Department. Under the present arrangement the work of the auditors is not reviewed by the comptroller, unless he has reason THE ADMINISTRATION OF PUBLIC FUNDS 419 to question it, or unless some claimant makes an appeal which necessitates a review. The comptroller keeps a record of congressional appropriations, and on the basis of these appropriations opens a credit account with the various departments of the amount of funds at then 1 dis- posal. Warrants, when properly indorsed, are debited to these accounts, and it is one of the duties of the comptrol- ler to see that warrants are not drawn hi excess of the appropriations. Claims against the government which the Treasury Department refuses to recognize may be reviewed in the Court of Claims, or carried from here to the Supreme Court. Recourse may also be had, of course, in petitioning Congress against any decision of the Treas- ury Department. There has been little question as to the integrity of the Treasury Department, while the system of checks, cum- bersome and time-consuming as it often is, has served the purpose for which it was intended. The funds of the government are closely guarded, and warrants are paid only to those who are expected to receive funds. It has not been deemed necessary, as in a number of countries, to have the accounts of the department audited by a legis- lative committee. Such an experiment was tried by the House of Representatives in the early years of the depart- ment, but was not continued. The fact that the depart- ment officials may be called upon at any tune to make a report to Congress, or may be subject at any time to an investigation of then* affairs, has seemed to maintain the efficiency and integrity of the department at a compara- tively high level. An avenue is left open to fraud, how- ever, which would be difficult to detect under the present arrangement. 213. Revenues and Expenditures Should Be Closely Correlated. The fact that some close relation should exist between a government's expenditures and revenues seems too obvious to mention. Yet fiscal officials have often lost sight of this first principle of sound financiering. 420 OUTLINES OF PUBLIC FINANCE Funds have often been voted in excess of ordinary rev- enues, and without knowledge as to where revenue could be obtained. Revenues, on the other hand, have fre- quently exceeded the anticipated expenditures a situa- tion which usually leads to the squandering of public funds. The most common arrangement for a proper co- ordination of expenditures and revenues has been through the use of some form of a budget system. Meaning of Budget. The term "budget" has no fixed general meaning. Its origin is probably from the Latin, bulga, meaning bag or purse. In the middle of the eight- eenth century, when the Chancellor of the Exchequer in England made his speech on the finances, he took his accounts from a brugette (French for bag). Thereafter the term budget was applied to this speech. A little later it was used in France to denote an estimate of receipts and expenditures. In some cases it is practically synonymous with revenue and appropriation legislation. A comprehensive budget system, however, should in- clude more than this. It should be a definte plan to include all the fiscal operations of a government for a specified time. It may involve different features, one logically following the other. A comprehensive budget system, for example, might comprise, as an initial measure, a careful estimate of expenditure and revenues by some competent authority. These estimates should be given the sanction of the legislative body through their incor- poration into appropriation and revenue bills. Provision should be made for the execution of the plan under legal direction, while checks should be provided through proper auditing and accounting methods. The fiscal, systems of some countries possess some of these features and omit others, while the officers to which the administration is given in different countries are likewise not always the same. For this reason mere reference to a budget system is unintelligible. The citizenship of a state has a right to demand the THE ADMINISTRATION OF PUBLIC FUNDS 421 most capable management of public funds. Government expenditures necessarily mean public burdens. The more the funds are squandered, the greater are the burdens upon the citizens in proportion to the rendition of the services for which the state was formed that is, the things which can be done more efficiently by a collective organization than by individuals. The use of a budget a systematic administration of revenues and expenditures such as that outlined above should, therefore, be de- manded by every citizen hi order to make his government susceptible to intelligent popular control and responsi- bility, and so that each taxpayer may know where and why he is paying. 214. England Has Done Much to Systematize Her Fis- cal Operations. Great Britain has worked out a more detailed system for handling her fiscal operations than, perhaps, any other country, and her system has been adopted almost in its entirety by India and Egypt. Be- cause of the degree of perfection which is found hi this organization, and because of the influence it has had m the formulation of other fiscal programs, it deserves a somewhat detailed exposition. Formation and Passage of Budget. The British fiscal year begins April 1st. Each year is complete in itself, and no appropriations hang over from one year to the next. The various departments of the government make esti- mates of expenditures which form the basis for the figures of the Treasury Department. These estimates are made up at the request of the Treasury Department about December 1st. They are then compiled and reviewed by the Chancellor of the Exchequer, who has the power to reduce them. Should the Chancellor not agree with the Treasury Department, appeal is made to the Prime Minis- ter as arbitrator. With the list of revenues which has been prepared by the Treasury Department, a balancing of possible receipts and expenditures is undertaken. The result is some well- 422 OUTLINES OF PUBLIC FINANCE formulated plan one which usually makes provision for a rather large surplus. It then becomes the duty of the King to lay the proposed fiscal scheme before Parliament. The estimates are printed in well-organized and summa- rized form, and placed in the hands of each member of Parliament, where it becomes the duty of the Prime Minister to pilot the bill, while its various items are de- fended by the Chancellor, who is a member of the House of Commons. 1 The various divisions of the budget, usually about one hundred and forty hi number, are acted upon by the House as a committee of the whole. Each section is discussed and voted on. Items may be reduced but cannot be increased except under closely restricted conditions. Much debate marks the discussion of these items, and fre- quently wanders far afield from the subject of the budget. After the bills have been made acceptable to the com- mittee, they are passed in Parliament proper, under the title of the Consolidated Fund Act; this is usually ac- complished before the end of the fiscal year. The pas- sage of the appropriation measure is followed later by a finance Act which levies the taxes for the year. Classes of Expenditures and Revenues. The expendi- tures of the United Kingdom are of two kinds, permanent appropriations and supply appropriations. The former need not be voted year after year, but have been voted to continue until the Act under which they are authorized is repealed. Examples of expenditures of this nature are those for the sinking fund, pensions, debt charge, courts, and the civil list. The supply appropriations, however, must be voted repeatedly, and contain such items as the appropriations for the army and navy, revenue depart- ment, post office, railroads, and the civil service. Such an arrangement not only simplifies the budget preparation, but makes it possible to concentrate attention on the more 1 Army and navy bills are defended by representatives from these de- partments. THE ADMINISTRATION OF PUBLIC FUNDS 423 difficult and fluctuating items, while it tends to give a feeling of security to activities undertaken by the state. The revenue is likewise of two kinds, one permanent, and the other provided for currently. About three fourths of the entire revenue comes in the first class, so that it is necessary to provide in the finance bill the amount above this which is required to meet the needs of the appropria- tions bill, or about one fourth of the total amount. These estimates of expenditures and receipts are so closely an- ticipated that the actual amounts do not usually vary more than 2 per cent from the expectations. The funds are placed in the Bank of England, and are at the control of the comptroller and auditor-general. In England's fiscal machinery it is seen that absolute responsibility for the success of the budget rests in the ministry. The finance minister has a seat in the legisla- tive body, which hi turn has complete control over ex- penditures. Another interesting feature is that one branch of the legislative assembly has practically the entire con- trol over the budget. No doubt the marked centralization of control over the fiscal system has had much to do with the success of the system. 215. Many European States Use a Form of Budget. England must be given the credit for having the most systematic fiscal scheme, yet many of the systems of the continental states have made an approach toward an orderly arrangement of their fiscal machinery. Space will be taken only to give the bare outlines of two of the better organized systems. The German Fiscal Plan. In Germany, before the war, the budget estimates originated in much the same manner as in the English system. A set of estimates was made up by local and provincial authorities and turned into the hands of the general treasury, where an attempt was made to eliminate any difficulty. It was the duty of the Im- perial Chancellor to act as arbitrator if necessary. The Various estimates were of minute detail, and were first 424 OUTLINES OF PUBLIC FINANCE voted upon by the upper chamber of the government. Army and navy appropriations were for a period of seven years, while all established institutions were assured of continued support. The question of funds for current ex- penditures was, therefore, the one around which discus- sion centered. If the system is continued under the new governmental regime it can doubtless be made more satis- factory, since the former Emperor granted very limited powers to the fiscal authorities. French Fiscal Plan. Under the French system the esti- mates are much less accurate than those in England. Here the fiscal year coincides with the calendar year, while the estimates are made a full year in advance of the actual expenditures. With the lapse of a year between the time an estimate is made and the time it goes into effect, it is, of course, impossible to have a close estimate. The budget is prepared by the Treasury Department, but the Minister of Finance has much less power in modifying the estimates than has the English Chancellor. After the Minister of Finance has compiled the estimates in presentable form, they go to the Chamber of Deputies. Here the budget takes the form of a bill, with schedules authorizing certain expenditures. The bill is prepared by a joint committee from the two houses, which fre- quently pays little attention to the estimates which have been submitted. After much time has been consumed here, the bill, with its seven or eight hundred chapters, is presented to the Chamber of Deputies, where each chap- ter is discussed and voted upon separately. Motions for changes may be made by any member, and because of the lack of any centralized responsibility, much extravagant expenditure results. The President cannot veto, but may suggest a reconsideration of the items. An estimate of the revenues forms a part of the budget. The major part of these comes from indirect taxes. As might be expected, since such a long period elapses before the estimates are put into effect, it frequently becomes THE ADMINISTRATION OF PUBLIC FUNDS 425 necessary to pass additional and special budget Acts. This necessity is alleviated somewhat by the practice of transferring funds from one purpose to another within the various departments, although they are not transferred between departments. These difficulties, however, show the evil consequences of having the estimates and expend- itures so widely separated in point of time. The real administration of the budget and the auditing of the ac- counts is under the control of a committee of accounts. 216. The Fiscal Machinery of Canada Resembles That of England. The influence of the Mother country, as might be expected, is clearly discernible in the fiscal sys- tem of Canada. Estimates are prepared by the Ministers of the departments and presented to the Minister of Finance. Changes are made, if considered necessary, by a conference with the Minister of the department concerned. After the budget has met the approval of the Cabinet, the Minister of Finance presents it to the House of Com- mons, where items may be reduced, but not increased. Since the Cabinet belongs to the dominant party in the House, the bill usually goes through with comparatively little difficulty. It is quite evident that the system closely resembles the English practice of centralization and Cabi- net responsibility. Of the entire appropriations in the Canadian budget, about three eighths are permanent. Some of the more important appropriations in this class are for debt charges, collection of revenue, court maintenance, and salaries. If it becomes necessary to maintain existing institutions, and the House has failed to pass the budget, the Governor-General is empowered to issue special war- rants for expenditures to meet the needs. The subject of revenues arises after a decision has been reached on the appropriation part of the budget. The House goes into a committee on ways and means for this purpose, and the finance Minister presents the plan for raising revenues. The most important sources of revenue 426 OUTLINES OF PUBLIC FINANCE are customs duties, excise taxes, the sale of public lands, and the post office. Tariff Acts are frequently passed outside of budgetary consideration, while Acts authoriz- ing the borrowing of funds usually have nothing to do with the budget. The expenditures are controlled by the auditor-general, who makes an annual report to Parlia- ment. A careful study of the report aids in securing more successful fiscal legislation for the ensuing year. 217. Budget Development in the United States Has Been Toward an Unsystematic System. The above out- lines of different budgetary systems has been given to indicate the tendency toward a systematic procedure in arriving at expenditures and revenues. The same tend- ency exists in many other countries. In the United States, however, as a brief historical review of our fiscal system will show, the development has been away from systematic estimates of revenues and expenditures. Ideas of Early Officials. The evidence is strong that the founders and early leaders of our government had in mind the establishment of a fiscal system very similar to the one used in England. Under the government by the Articles of Confederation, committees were appointed for the purpose of making estimates of the expenditures. From what can be gathered from the debates over fram- ing the Constitution, it appears certain that some such system as the English was intended to be incorporated in our basic law. The Constitution includes in the duties of the President, "to give Congress information on the state of the Union, and to recommend to its consideration such measures as he shall judge necessary and expedient." The people, moreover, are given control over the Federal revenues and expenditures. This safeguard is shown in such provisions as the following: "No money shall be drawn from the treasury but in consequence of appro- priations made by law." "All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments." "A THE ADMINISTRATION OF PUBLIC FUNDS 427 regular statement and account of the receipts and expend- itures of all public money shall be published from time to time." While all the details of the fiscal machinery were left to be provided by statute or custom, it seems probable that some such arrangement as was used in Eng- land was anticipated. At the very beginning the House of Representatives went into a committee of the whole, where revenue meas- ures were discussed, which corresponded to the English method of considering such measures. The relation of the Treasury Department to Congress was made very close, and the law which established the department made it the duty of the Secretary "to prepare and report esti- mates of the public revenue and the public expenditures." Somewhat later an Act imposed upon the Secretary the duties of digesting, preparing, and laying before Congress at the beginning of each session a report containing esti- mates of revenue and expenditures, as well as plans for increasing the revenues. The intense political feeling kept these plans from being fully realized, while the President neither insisted upon any constitutional right to present administrative proposals, nor accepted the re- sponsibility for doing so. Modification of Early Plans. It was not long after the beginning of the government that important modifica- tions began to be made. In 1796 the Ways and Means Committee was established in the House of Representa- tives, with the right to initiate fiscal legislation. Little administrative initiative existed after the administration of J. Q. Adams. The Cabinet members were barred from holding seats in Congress. Real disintegration of au- thority began in 1865, when the Committee on Appro- priations was appointed, with the power to initiate all expenditure bills. This action gave the power over rev- enues and expenditures to two separate committees. In 1880 the power of this committee was curtailed when the Committee on Agricultural Appropriations was formed, 428 OUTLINES OF PUBLIC FINANCE and still further reduced when the Rivers and Harbors Committee was created a few years later. Further dis- integration has continued to the present, until no sem- blance of centralized responsibility remains. The Senate, moreover, has so developed its power that it practically rewrites revenue bills which come to it from the House. Decentralization of authority, moreover, has taken place in the Senate, until fiscal bills are acted upon by a number of committees that function independently of the other Senate committees, and of the House com- mittees. The trend in the United States, then, has been toward a decentralization of the fiscal machinery the opposite of the development in other countries. 218. The Present Plan of Estimating Revenues and Expenditures Is Unsatisfactory. It is instructive to know the condition which has resulted from the fiscal develop- ment which we have just traced. The Secretary of the Treasury has become little more than an outlet through which reports of estimates may reach the House of Rep- resentatives. The power of making estimates was taken from him and placed in the hands of the various depart- ments, as well as in those of some independent establish- ments. It then became the duty of the Secretary to re- cord these estimates in the "Book of Estimates," which he transmitted to the House. Such a sweeping decen- tralization of power soon evidenced its weakness in that some expected estimates were not made, and others did not take the proper form, and it became necessary to em- power the Secretary to see that all estimates were made and that they were in the desired form. Still more recent legislation has conferred upon the Secretary of the Treasury the duty of submitting to Con- gress an estimate of receipts and expenditures for the current and ensuing years. It is now his duty, as soon as estimates of expenditures are received, to make an esti- mate of the revenues for the ensuing year. Should the estimated revenues not equal the estimated needs, it be- THE ADMINISTRATION OF PUBLIC FUNDS 429 comes the duty of the President, after a consideration of all the estimates, to recommend to Congress how the ap- propriations should be reduced or the revenues increased to make the revenue correspond to appropriations. These are steps in the right direction, but do not go far enough to insure centralized responsibility. No Budget System. The budget does not exist in the United States hi the sense that other countries use it. About September of each year the various spending de- partments begin to make estimates for the year to com- mence the next July. These come to the Secretary of the Treasury to be transmitted to Congress in the "Book of Estimates." The estimates of the various departments are usually far from the actual needs. Past experience has shown that Congress is likely to reduce materially the appropriations from the estimates, consequently the de- partments fortify themselves by padding their require- ments. Under such a situation the estimates become of little value. These estimates are transmitted to the House without revision, with no comparison of the demands of the different departments, and with no consideration of the possible revenue. As already indicated, the Secretary submits separately lists of estimated revenues and ex- penditures, while the President may recommend methods for increasing revenues or decreasing expenditures. Esti- mates may also come from army engineers and from the Court of Claims. Fiscal Legislation. The actual preparation of the ap- propriation and revenue bills really begins in Congress before or at the time the "Book of Estimates" is received. About fifteen separate committees that have the power to originate appropriations exist in each branch of Congress, each working separately from the others, and independ- ently of the Secretary of the Treasury. Still other com- mittees can make demands on the treasury. Still others have power over the revenues. The appropriation and revenue bills may be under the process of formation at 430 OUTLINES OF PUBLIC FINANCE the same time, entirely independent of each other, with nothing for guidance but past bills. The personnel of the committees is often not exactly what is desired in the consideration of such problems. Members are chosen ac- cording to the lengths of term in Congress by a regular system of promotion rather than for any special fiscal knowledge. That such special knowledge is often not found is indicated by the occupations which a number of the committeemen have followed before taking seats hi Congress. The reporting of an appropriation bill from its commit- tee does not end its career. It is next placed before the House, where individual members may propose amend- ments. The Senate committee on the same subject must have its turn at considering it, and then the floor of the Senate. It is fortunate if it does not have to go before an adjustment conference committee of members from each House, where a bill is framed which is finally adopted. It is evident under this method of procedure that Con- gress initiates as well as ratines appropriation and revenue bills. The House no longer has the balance of power in- tended by the Constitution, while bills carrying appro- priations are strung throughout the entire session, with little consideration as to the source of funds. The revenue bill usually comes up late in the session, and for the last few years has not been sufficient to meet the appropria- tions. Deficiency bills have been used to make up the difference. Lack of Control and Responsibility. The control of Con- gress over fiscal administration practically ceases with the passage of the appropriation and revenue bills. The system of control over payments has been indicated. While the Secretary of the Treasury must make an annual report to Congress, no action is taken upon it. There is a committee in Congress for each of the departments, which has jurisdiction to examine the reports as to accu- racy and conformity to the appropriations. Such investi- THE ADMINISTRATION OF PUBLIC FUNDS 431 gations rarely occur unless initiated by some political motive. The Treasury Department has been remarkably free from suspicion, hence there has been little agitation for a systematic auditing of accounts. The present ar- rangement is, of course, no auditing at all, for there can be no systematic check where one department audits its own receipts and expenditures. Even though the various committees did avail themselves of the right to audit accounts, no verified result of expenditures and revenues as a whole could be obtained from the nine committees, the work of which would not be related. In no other country does there exist such a lack of restraint upon the Treasury Department. The one outstanding criticism which appears from this survey of the Federal fiscal methods is the lack of unity and centralized authority from beginning to end. Appro- priation and revenue bills arise and are modified in hap- hazard ways, and with no one really responsible. Such methods cater to the familiar "pork barrel legislation. " Expenditures which will please the constituency of the Senator and Representative take rank of first importance, whether nationally desirable or not, because the future support is desired. These "log rolling" practices have no doubt been responsible for the waste of millions of dollars in constructing needless Federal buildings and in "im- proving" rivers and harbors where rivers and harbors can scarcely be found. Not only is this initial waste of funds apparent, but the nation is saddled with an unnecessary upkeep charge in providing for the current needs of these institutions of political favoritism. Yet real responsibility for the many needless expenditures can be traced to no one, for no one in particular is responsible. The lack of coordination is further emphasized by the failure of Congress to exercise any further supervision over the funds after passing the bills of appropriations and revenue, and by the failure to provide some intelligent system of auditing accounts so 432 OUTLINES OF PUBLIC FINANCE that it could be determined easily how much money is being spent and for what purpose. The situation as por- trayed by Secretary Glass was that " Congress votes with a lavish hand stupendous sums, conceived in a magnificent spirit of generosity, with a view to the enhancement of the prestige of the nation, or for the benefit of this or that element in the community." l 2ig. Much Agitation for Budget Reform Has Devel- oped. The evils which have resulted from the lack of centralized fiscal control and corresponding lack of re- sponsibility have caused much demand for some change. These demands began to take definite form under the administration of President Taft. He was instrumental in securing from Congress an appropriation of $100,000 for the purpose of making investigations into the efficiency of the various executive departments. The investigations were made by ably trained men who composed the Com- mission on Economy and Efficiency. A part of their report attempted to show the need for a budget system, and suggested a remodeling of the fiscal program to con- form to a real budget plan. The President made an attempt to have our fiscal sys- tem remodeled, but at this time both the Senate and the House were antagonistic and the attempt failed. Much wholesome publicity had been gained, however, and de- mands for reform have continued from an ever increasing number of individuals and organizations. Each of the important political parties has declared in its platforms for fiscal reform, which has been unmistakable in the declaration for a businesslike budget. It has been, per- haps, only the more pressing problems brought on by the Great War which have delayed the expected changes. It is not too much to expect that, in the near future, the widespread demand for some system which will be more efficient and economical will bear fruit through some form of budgetary procedure. 1 Statement before a Select Committee on the Budget. THE ADMINISTRATION OF PUBLIC FUNDS 433 Suggestions for Reform. Suggestions as to the exact form our budget should take have not always been the same, though all have sought to centralize responsibility. A satisfactory plan, however, should provide for the ac- complishment of such features as the following. The preparation of estimates should be made by some respon- sible member of the executive department, perhaps the President, or Secretary of Treasury. The estimate should be considered by Congress, but not in a number of sep- arate and independent committees. During the legisla- tive consideration the executive responsible for the recom- mendations should be called upon to defend his proposals, and changes should be made only with his consent. The proposal should be made early hi the legislative session, and general publicity facilitated in every possible way. After the budget has been voted upon by Congress it is incumbent upon the executive department to execute it properly. In the performance of this duty it should be held strictly accountable to the legislative department. Such provisions as these have been embodied in a num- ber of bills and resolutions which have been before Con- gress in recent sessions. It is evident that the proposals are gaining in favor on their own merits, as well as because of the pressure which is being brought by outside agencies, and it is not too much to expect that some form of budget procedure will be in operation in the not distant future. Congress, in 1920, passed a law which provided for rather extensive centralized budgeting machinery for Federal finances. This was vetoed, however, by President Wilson, because some of the details did not conform to his ideas of what a budget system should be. Recent Legislation. Budgetary legislation was one of the important matters acted upon by the Sixty-seventh Congress. Under the leadership of Senator McCormick a budget bill passed the Senate on April 26, 1921, and under the leadership of Representative Good a similar bill passed the House on May 5, 1921, One important 434 OUTLINES OF PUBLIC FINANCE difference was that the McCormick bill centered respon- sibility in the Treasury Department, while the Good bill centered it in the Executive Department. An immediate conference on the bills was arranged so that the new sys- tem could be put into operation at the beginning of the fiscal year, July 1, 1921. The conference report was adopted May 27, 1921. The McCormick-Good budget bill provides that the President shall transmit a budget to Congress on the first day of each regular session. This is to contain estimates of expenditures and appropriations necessary, in his judg- ment, for the support of the government for the ensuing fiscal year. He is to send, as well, an estimate of the receipts under the existing laws and under the proposals made by him. A statement of expenditures and receipts for the previous year is also to be made. The condition of the Treasury for the last fiscal year, the year in prog- ress, and for the ensuing year, should the budget be adopted, as well as all essential facts regarding indebted- ness, are to be a part of the report. Any other data that will depict the financial conditions of the government may also be included. Provision is also made for the trans- mission of supplemental or deficiency budgets. No estimate or request for an appropriation, and no request for an increase in any item of the estimate, and no recommendation as to how the revenue needs of the government shall be met are to be submitted to Congress or any congressional committee by any officer or employee of any department or establishment unless at the request of either house of Congress. The plan adopted, however, is not so wholly an execu- tive budget as the foregoing statements might indicate. Section 207 of the law creates in the Treasury Depart- ment the bureau of the budget. It is to consist of a direct- or and an assistant director, appointed by the President, with salaries of $10,000 and $7,500, respectively. This bureau, under such regulations as the President may pre- THE ADMINISTRATION OF PUBLIC FUNDS 435 scribe, is to prepare the budget for him, as well as any deficiency budgets that may be needed. It has the power, further, to assemble, correlate, revise, reduce, or increase the estimates of the several departments or establishments. Modifications are also made in the accountancy work of the Treasury Department. The offices of Comptroller of the Treasury and Assistant Comptroller of the Treasury have been abolished, and in their place has been substi- tuted a Comptroller-General and an Assistant Comptrol- ler-General. A general accountancy office has been estab- lished which is independent of the executive departments, and is placed under the direction and control of the Comptroller-General. All books, accounts, etc., are to come to the general accountancy department. Time will test the wisdom of some of the provisions of the law, such as the combination of the Executive with the Treasury Department. With Congress and the Presi- dent so heartily in favor of budgetary procedure, there is every reason why a marked improvement will result. That President Harding was favorable toward budgetary legislation is indicated by the following quotation: I need not emphasize to you, gentlemen, the anomalous situation of the government heretofore in having a great number of spending com- mittees, apportioning moneys to various purposes, without any study of the relationship between these various purposes, and regardless of the relationship of these aggregated spendings to the revenue in sight. No business, no humblest household, could be thus conducted without leading into disaster. Establishment of a budget system is the founda- tion upon which reorganization must be based. It is hardly conceiv- able, indeed, that a proper budget system could be established and carried on for any considerable time without forcing attention to the evils and effecting the reform of many deficiencies in the present system. 1 220. The Budget System of Fiscal Administration Is Found in Many American States. The recommendations which were made by President Taft's Commission on 1 President Harding, in a speech delivered before the Academy of Polit- ical Science, at the Hotel Astor, May 23, 1921. 436 OUTLINES OF PUBLIC FINANCE Economy and Efficiency created much interest among the various states, and soon began to bear fruit in these political units, although the report was not adopted by Congress. The question of the budget soon acquired an important place in state politics and became a plank in many party platforms. The systematic procedure which the budgetary proposal emphasized presented a strong appeal to those states that were financially embarrassed, and many states quickly legislated some form of budget into law. In fact, the adoption has been almost too rapid, for frequently the plan hit upon was not adapted to the needs of the state, or did not give the desired centralized responsibility. So rapid was the principle accepted, that by the end of 1919 there were less than half a dozen states in which some form of budget had not been adopted. In some cases, of course, the plan was very unsatisfactory, but it represented a start toward more efficient fiscal management. Forms of State Budgets. While the budget laws of the states vary greatly in their requirements, yet it is possi- ble, in a general way, to classify them. The type which has been most in favor might be called the executive bud- get. More than half of the states have this form, and it is particularly significant that really all budgets which have been recently adopted have been of this type. As indicated by the name given to this class of budget, the responsibility is placed upon the Governor. In some states a designated group of the administrative officers is made responsible for the budget. The Governor is usually made a member of this group. Still another scheme which is used to some extent is to have the budget prepared by a joint committee of representatives from the legislature and administrative officers. In two or three cases, more- over, the responsibility for the formation of the budget is placed upon a legislative committee. Maryland Budget. It would take us too far afield to examine the details found in the budget systems of the THE ADMINISTRATION OF PUBLIC FUNDS 437 various states. As an example, however, of a compre- hensive executive budget, and one which has been widely copied, the scheme used by the state of Maryland deserves notice. The form and classification of all estimates are to be determined by the Governor, while he is given the power to revise all the estimates except those of the legislature, the judiciary, and the public schools. Two budgets must be prepared, one for each of the two suc- cessive years. If the Governor has held office for one year the budget must be submitted within twenty days after the opening of the legislative session. If he has not held office for one year, he is given thirty days to submit the budget. The budget bill is presented to the presiding officer of each house by the Governor, and these officers are required to introduce it immediately to their respec- tive branches of the legislature. The Governor, however, and such administrative officers as he may designate have the right to appear and be heard with respect to the bill at any time it is under consideration. They are required, furthermore, to appear at the request of either branch of the legislature. The Maryland law goes farther than most states m limitations upon the legislature and hi the details which are required in the budget bill. No amendments may be added which would change any obligations required by the constitution, or the funds for public schools. The legislature may either increase or decrease items which relate to the judiciary or general assembly. All other items may be reduced or eliminated, but cannot be in- creased. No special appropriation bill can be considered until the general budget bill has been finally passed. When special appropriation bills arise they must be limited to a single purpose, while the bill must provide some form of tax, its method of levy and collection, for the purpose of securing the necessary revenue. Such bills must receive the majority vote of the elected members of each legisla- tive branch, and are subject to the veto of the Governor. 438 OUTLINES OF PUBLIC FINANCE The items in each of the budgets presented at the open- ing of the legislative session are divided into two parts those for governmental appropriations and those for gen- eral appropriations. The governmental appropriations contain estimates of expenditures for the general assem- bly, executive department, the judiciary, principal and interest of the state debt, salaries allowed by the constitu- tion, and other purposes sanctioned by the constitution. All other estimates fall under the general expenditures. The bill, moreover, must outline a definite plan for all contemplated expenditures and revenues, and show how any anticipated surplus or deficit of funds is to be han- dled. The bill must contain, in addition, statements showing revenues and expenditures for each of the two preceding years, a balance sheet, funds and debts, an estimate of the fiscal condition at the end of each year covered by the budget, and any explanations the Governor may wish to make. Other States. Many states have not gone to such a degree of detail as is found in Maryland; in others the required details differ, while still others have gone even farther in the reorganization of the fiscal department. Illinois illustrates one of the best examples of an attempt to reorganize thoroughly the fiscal machinery. In this state all administrative offices, except two elective boards, and those provided for in the constitution, are consoli- dated into nine departments. A director, appointed by the Governor, with the approval of the Senate, heads each of the departments. The finance department has pro- vided for a uniform system of accounting to be used in each department. It examines all accounts and approves or disapproves all vouchers. A list of the anticipated ac- tivities of each department, together with their estimated cost, must be presented to the finance department before appropriations become available. This department is further required to prepare the budget, and in the per- formance of this duty is given extensive investigating THE ADMINISTRATION OF PUBLIC FUNDS 439 powers to enable accurate estimates to be formed. The budget goes from this department through the Governor to the legislature, upon which no restrictions have been placed as to rejecting or changing the items. Budgetary procedure in the states has been of too short duration to draw any sweeping conclusion as to its suc- cess in accomplishing the desired results. As might be expected, many deficiencies have appeared in the laws, which a little time and experience will modify. The con- sensus of opinion is that the use of the system has been a marked success and is saving the public much in the form of taxes. Whether it is but another example of a "new broom sweeps clean' 7 remains to be seen, but one is con- fident in predicting continued favorable results from such a detailed budget as the Maryland system, and such cen- tral supervision as exists in Illinois. 221. The Administration of Municipal Finances Is Re- ceiving Much Attention. As much importance has been attached to the proper administration of municipal finances hi recent years as to that of any political division. A number of circumstances may be found to account for this situation. Municipal expenditures have increased more rapidly than those of other divisions. The increase has been more rapid than the growth of wealth or popula- tion, consequently the burden has been increasing. The gradual expansion of the tax rate was viewed with appre- hension by property owners, and soon they began to inquire if there were no method of relief. In cities where the tax rate was limited, borrowing was resorted to until the limit of indebtedness was reached, when the difficulty encoun- tered was a periodic shortage of funds. It was such prob- lems as these which led the public to demand something better in the methods of handling municipal funds. This awakening of civic interest has found expression in the formation of civic organizations, such as bureaus of municipal research, citizens 7 unions, and national associa- tions and leagues, such as the National Municipal League. 440 OUTLINES OF PUBLIC FINANCE Municipal Accounting. One of the first demands which the aroused citizenship made was a more accurate system of accounting. The Bureau of the Census has defined municipal acounting in a way which is comprehensive and complete. It says that it is the art of applying accounts as aids in administration of business, or the science of analyzing, recording, and summarizing data relating to business in such a way as to disclose its condition or state at any time, to express the results of its operation for any given period, and to furnish all other information that such analyzing, recording, and sum- marizing can provide for its systematic and most successful ad- ministration. 1 The need for better accounting methods was evidenced by the laxity which generally prevailed in handling municipal finances a few years ago, and which still pre- vails in many cities. Absolutely no uniformity existed The comptroller's memory was often the only record of receipts and expenditures, while a comparison of resources and liabilities could not be made. Comptroller Metz of New York City, in 1909, described the situation which prevailed in a large number of cities. He said that "the comptroller is practically helpless to protect the city ex- cept there be a reorganization of the department of finance and complete revision of the city's administrative and ac- counting methods," and that by hard work the comptrol- ler has been able to "catch a few things here and a few things there, but the mass of details is so great that with all the vigilance one man can exercise, the city treasury is being plundered from all sides." 2 One organization which has been particularly active in securing reform in methods of municipal accounting is the Committee on Uniform Municipal Accounting and Statistics, which was organized by the National Munic- 1 Special Reports of the Bureau of Census. Statistics of Cities, 1908, p. 13. 2 This statement was made in an address before the City Club of New York in 1909. THE ADMINISTRATION OF PUBLIC FUNDS 441 ipal League. It is the duty of this committee to investi- gate systems of accounting used in different cities, and make suggestions which will increase efficiency. No uni- form system is drawn up for general adoption, because the requirements of the individual cities, while similar, will not permit of the exclusive use of any one system. The committee aims to design a practicable scheme which will meet peculiar individual needs. Many other organi- zations have been active in securing the same results, while the favorable response from the cities indicates that they are entering upon an era of more efficient fiscal administration. System in New York City. New York City furnishes a good example of a city with a thoroughly reorganized accounting system. With an annual expenditure of more than $100,000,000, the need for systematic fiscal proce- dure is apparent. Before the reorganization the finance department consisted of a series of separate jurisdictions, which were presided over by practically independent divi- sion chiefs. These were theoretically responsible to the city comptroller, but in practice each exercised complete control in his district. The accounting and auditing func- tions were so broken up that one department found itself forced to duplicate records kept hi other departments, which, of course, resulted in confusion, inefficiency, and waste of time. Under the present plan the accounting and auditing functions have been centralized the former separated bureaus have been brought together under one control. Each step in the process is definitely outlined, while all fiscal information is kept on file in one place for the common use of all. It is, therefore, much easier to know the exact fiscal standing at any particular time and to keep in touch with exactly what is being done with the public funds. Municipal Budgets. Another mark of progress which has been gaining prominence in municipal fiscal adminis- tration is the use of some form of budget in calculating 442 OUTLINES OF PUBLIC FINANCE expenditures and revenues. The general plan has been for the city council to follow much the same scheme as has been described in connection with our national finances. The increased use of commission and city man- ager forms of government made it easier, of course, to centralize responsibility. In many cities the estimates of revenues and expenditures are carefully drawn up and sub- mitted, and the program is definitely acted upon. The public is given opportunity to know just what the city expects to do, and can much more easily guard its funds. The accuracy with which the estimates are made is, of course, a factor which will help determine the success of the budgetary method. Municipal Indebtedness. A question which has con- fronted municipal fiscal authorities, particularly in recent years, is the enormous growth in indebtedness. The big problem, of course, with the ever increasing pressure for funds, is to be able to meet the indebtedness when it falls due. The system which was most in favor for a number of years was the establishment of a sinking fund. Many factors have combined to make this method unsatisfac- tory. It necessitates the investment of the funds which are set aside, and the addition of interest to the fund. The authorities who have been intrusted with the proper investment of the fund have often failed to do all that was expected. Funds have been lost from poor investments, or have been invested primarily for the benefit of particular individuals. City authorities have failed to set aside the required amount, and have often miscalculated as to what should be set aside to meet the debt. The result has been, in a large number of cases, in spite of carefully planning the sinking fund, that funds have not been available to meet the debt when it matured. The situation just described has led many modern fiscal authorities to favor the use of serial bonds instead of the sinking fund. By this method a part of the bond issue becomes due in successive years, and is met from taxes. THE ADMINISTRATION OF PUBLIC FUNDS 443 For instance, one tenth of a particular issue might be paid each year for ten years. Other adjustments, of course, are possible, so that the burden of principal and interest would be exactly equal for each year of the loan, or so that some years would escape with comparatively little or no burden. This plan has the advantage of dis- charging the debt and interest charge as funds are avail- able. It does away with accumulations of funds and the possibility of unwise investments, followed by a lack of means to meet the indebtedness when it is due. The chance for miscalculation is minimized, and the tempta- tion to use public funds for private gain is removed. As a whole, the serial bond method has proved more eco- nomical and satisfactory than the use of sinking funds. 222. The Outlook for Proper Fiscal Administration Is Encouraging. With the adoption of a Federal budget system and the extension of the plan among the states, the public will have a better opportunity, at least, to know what use is being made of its funds, and upon what grounds charges of graft and inefficiency are made. The United States is no longer in the stage of youth, as described by Ambassador Bryce, with a superabundant revenue, so that it may commit fiscal wrongs without feeling the evil effects. The magnitude of the present indebtedness with its interest charge, together with the immense reconstruc- tion expenses, is making the public more insistent upon proper fiscal procedure, and demands the use of every device that will make for honesty and efficiency. The recent action of Congress and the rapid adoption of scientific budget and administrative systems by the states has been gratifying, and there is no reason to be- lieve but that the systems will speedily be modified into more efficient conservators of public funds. The neces- sity that has driven some cities to seek better fiscal pro- cedure with gratifying results will no doubt lead others to seek relief through the same channels. The many or- ganizations that are exerting influences to secure better- 444 OUTLINES OF PUBLIC FINANCE ment will be able to accomplish more after the successful start has been made, and there is little doubt that the adolescent stage in the growth of our fiscal administrative policies has been passed. ADDITIONAL READING Collins, The National Budget System and American Finance. Willoughby, The Problems of a National Budget. Cleaveland, Municipal Administration and Accounting. CHAPTER XIX FINANCING AN EMERGENCY 223. Expenditures for War Furnish the Best Example of Emergency Financiering. The question of how to meet emergencies which may overtake a nation or any of its minor political units has always assumed an importance of some magnitude. Emergencies have frequently arisen when there has been an immediate demand for funds in excess of those provided in the regular budget. Modern fiscal systems can be much more definitely organized than could those of earlier generations. Preparation can now be made beforehand for many events which previously came unexpectedly, and which entailed increased expendi- ture. The preventive measures, also, which governmental units have undertaken, have done much to eliminate un- expected and unprepared-for events. Famine and pestilence formerly were common examples of emergencies with which states were compelled to cope, yet they are seldom given a second thought by the officials of modern civilized countries. The regular expenditure of funds to eliminate the cause of such occurrences is con- sidered a better method of meeting the situation. The expense entailed in exterminating the mosquito, for exam- ple, is considered preferable to an expenditure to cope with an epidemic of yellow fever. Likewise the expendi- tures in experiment stations and colleges, where systems of increased and stabilized production are devised and dis- seminated, are considered much wiser than the attempt to take care of hundreds and thousands of famine sufferers. While states have done much to eliminate the necessity 446 OUTLINES OF PUBLIC FINANCE of emergency expenditures, they will never succeed in making the elimination complete. Forces of nature are still to be reckoned with, and emergencies which arise therefrom can never be foreseen nor prevented. Earth- quakes and volcanic eruptions will likely continue to occur and leave in their wake suffering and loss, the alle- viation of which will often call for the aid of governments. Tornadoes, cyclones, fires, and floods will also continue to occur with similar results, so that officials can never hope to be entirely free from some unexpected expenditures. The importance of the funds which have been used and are still needed for the classes of emergencies just indi- cated, sinks into utter insignificance when the costs of war are taken into consideration. Whatever may be the future status of war, nations in the past have not suc- ceeded in eliminating this greatest of all emergencies, but have been compelled, continually, to face it as a possi- bility if not a probability. The attempt to make provi- sion through the maintenance of a war chest, and its im- practicability, have been indicated in a previous chapter. The enormous cost of modern warfare, where expendi- tures of a single day exceed the outlay of a total conflict of a century ago, with the enormous burden which is imposed upon a nation's citizenship, makes a study of this class of expenditure of vital importance. The principles of war finance present, in a magnified form, the principles underlying all emergency financiering. In this chapter, then, consideration will be made of some of the underlying principles which should be taken into account in raising funds to prosecute a war, as well as the systems which different countries have employed. 224. The Problem Is to Secure Revenue or Materials. After the breakdown of the war chest as a method of financing emergencies such as war, other methods of secur- ing funds had to be found. Various schemes were hit upon, the efficacy and advisability of which caused no little discussion from fiscal authorities and theorists. The FINANCING AN EMERGENCY 447 demands of the Great War renewed and intensified the interest in this subject. The sums demanded by the vari- ous countries surpassed those contemplated by the wildest imaginations, while the estimated expenditures for a year usually sank into insignificance when compared with the sums which were actually demanded. Superficial Aspect of Money. While the demands for revenue have been monetary, and the calculations have been in terms of money, in reality the money represents but a superficial aspect of the situation. During the Revolutionary War, when the revenue was insufficient to meet the needs of the government, requisitions of goods were made upon the Colonies. In the end, the demand of the government is for goods clothing, munitions, food and it is with these that the war is actually fought. The situation is much the same as with the money income and real income of individuals the important item is what the money will purchase. When the war is over the stock of money may be intact or increased, while it is the goods, over which it has given command, which have been used up. The value of the goods destroyed, more- over, may vastly exceed the total stock of money values, for the same money may be used more than once by a government in making purchases. Funds secured from taxes, for example, may be used to purchase uniforms; the manufacturers of uniforms will purchase bonds and the same funds will be used again by the government. Burden upon Present Production. A large part of the goods must be taken from present production, though it is possible that both past and future incomes might be made to contribute. Past production could be made to pay by the indefensible scheme of taxation so severe that it would deplete a part of the capital which had already been produced. Future income could be made the basis of payment by buying the goods abroad and mortgaging future production to pay for them. Neither of these plans can be used extensively; consequently the burden falls 448 OUTLINES OF PUBLIC FINANCE upon present production. This cannot be accomplished without some rearrangements and, perhaps, hardships in industry. The slogan, " business as usual," current in in- dustrial circles at the beginning of the Great War, presents an impossible situation. The demands of war are not the demands of peace, and industry does not have time to go through a process of evolution to meet the demands of war, but must adjust itself by revolution. This may be done in a number of ways. Capital and labor, which have been producing goods nonessential to the conduct of the war, may be put to producing necessary materials. Machinery which has been idle one third of the day may be run the full day. The public may substitute cheaper products for more costly goods, and save hi productive energy. All these changes necessitated by the sudden demands will bring about some deviation from former business procedure. In securing funds, then, the fiscal authorities should keep continually in mind not only the securing of revenue, but what effect the method of securing it will have in the ultimate source of all revenue the wealth of the citizen- ship. The maintenance of the patrimony of the state is an important consideration, and this patrimony should be impaired just as little as possible. In the securing of the funds, such questions as the probable incidence, the equalization of burden, the return, and the effect on future generations should not be overlooked. The means for securing revenue lies in the power of the state to tax, to borrow, and to issue fiat money. Any combination of these three possible methods might also be used. The insufficiency of the use of fiat money to any extent has often been demonstrated, consequently most of the pres- ent discussion as to means of raising revenue is concerned with the relative merits of taxation and borrowing as methods of supplying the government with funds. 225. Borrowing Possesses Some Evident Advantages. Opinions vary greatly as to the proper method of war FINANCING AN EMERGENCY 449 finance. Some contend that the entire burden should be met from taxes, while others go to the opposite extreme and conclude that the proper method to pursue is to rely entirely upon borrowing to secure the necessary funds. Many others would adopt some combination of the two processes as the most logical course of procedure. It will be profitable to review some of the advantages and disadvantages arising with the use of each method, which should be kept in mind in formulating a fiscal system. Produces Revenue Quickly. The demands made by war upon the Treasury will likely be greater than the ordinary sources of revenue can provide unless the entrance into it has been premeditated and proper provision has been made for the needed funds. Recourse must be had to some plan that will provide funds quickly, and borrowing is adapted to meet this need. This is true because, in making a loan, the individual does not feel the sense of sacrifice which is involved in the payment of taxes. Loans to the government are looked upon as investments an annual return is paid in the form of interest, while the principal is also payable in the future. In the mind of the individual, the bond which he has purchased simply rep- resents his property in another form. Taxation, on the other hand, even if adequate machinery were hi existence to secure results, would be felt by the individual as a burden from which no remuneration would be received. Borrowing likewise possesses the advantage of quickly mobilizing idle capital and putting it to work in the prose- cution of the war. At any time there is more or less idle capital seeking investment, but because of the uncertain- ties which exist at the time of a declaration of war, the amount is likely to be larger than usual. The government can secure this idle capital by a proper appeal to the in- vestment it offers, supplemented, perhaps, by the appeal to patriotism, and can much more quickly put it to serv- ing the needs of war than through the use of any other 450 OUTLINES OF PUBLIC FINANCE policy. The more idle capital which can be secured, the less will be the necessary demands upon existing industry, and to that extent the derangement of business caused by the war will not be so keenly felt. 226. Borrowing Is Likely to Increase the Costs of War. The outstanding objection to the use of fiat money as a means for meeting an emergency is that the inflation of the currency causes a higher price level, which not only enhances the cost of the war since the government must buy at the new level but places a burden upon all who purchase goods. It is possible that borrowing will cause an inflation of purchasing power, and consequently an increase in prices, but just to what extent it is difficult to determine. Under the modern system of exchange a vast amount of purchases is made with credit, and to the ex- tent that borrowing manufactures credit instruments which can be used directly or indirectly as purchasing power, a rise in prices will result. In so far as bonds are purchased with funds which would otherwise enter the market and command goods, this effect is not felt. The government has simply substituted itself as purchaser for the individual from whom the funds were secured. Causes Expansion of Credit. The expansion of credit from borrowing is likely to come through the institution of the modern bank. Individuals, spurred on by patriotic zeal, may secure credit accommodation which would not otherwise be considered, and turn this over to the govern- ment in exchange for bonds. The banks themselves have been relied upon extensively as aids to the government. The percentage of reserve has been decreased, frequently, in order to extend credit to the government. The govern- ment, hi order to help the banks lend assistance to itself, has made deposits of specie on the implied condition that aid would be given. With this specie as a basis, several times as much credit could be extended in the purchase of bonds or certificates of indebtedness. The use of the obligations of the government, moreover, as the basis for FINANCING AN EMERGENCY 451 the issue of bank notes, forms another means for the in- crease in purchasing media. The issue of the Federal Reserve Bank notes, based upon certificates of indebted- ness, forms a good example of this form of transaction. 1 From the nature of the case it is impossible to calculate just how much purchasing power exists because of the issue of evidences of indebtedness, which would not other- wise be found. Even if this could be accurately deter- mined, to calculate the precise effects on prices would still be more or less of a conjecture because of the derange- ment in the production of commodities caused by the war. The fact remains, however, that it is quite likely that government borrowing will cause a perceptible expansion of purchasing power, and with it a consequent increase in the general price level. Effects of Increased Price. To the extent that borrow- ing increases prices, the effect is much the same as the issue of fiat money. The burden is increased to the gov- ernment and, ha varying degrees, to the citizenship. The materials for war are, to a large extent, purchased in the open market, and the inflated prices must, of course, be paid. While this burden may not be insignificant, it does not compare to that felt by the citizens, since they too must buy at the higher price level. Wages do not rise as rapidly as prices, thereby entailing a burden upon the laboring classes which often brings about a derangement of industry because of the increased prevalence of strikes. Individuals and institutions whose income is fixed, en- counter the most severe difficulties. Industries such as public utilities fall in this class. The rates for their services are fixed, while expenses mount with the price changes. Some industries, on the other hand, reap benefits from the situation. Manufacturers who are paying wages and buying raw materials at one price level, and selling finished 1 See p. 499 for statistics showing the increase in purchasing media during the Great War. 452 OUTLINES OF PUBLIC FINANCE products at a higher price level at a later period, find a larger differential to go to the profit account. Enterprisers in the extractive industries, such as farming, mining, and lumbering, usually find that increased expenses do not absorb the increased returns. The interest secured from the increased expansion of bank credit tends to make the situation a profitable one for banking institutions. The net result of borrowing, then, in so far as it increases prices, is to saddle a burden upon the citizenship by neces- sitating greater government expenditure, and by causing a greater expenditure by individuals to secure the same commodities. The interest charge, moreover, is no small item in the total cost when the length of time which government securities usually run is taken into consideration. Sup- pose, for instance, that a war were entirely financed by the issue of twenty-five-year 4 per cent bonds. The cost in this case would be doubled, since the interest charge would amount to as much as the principal. Even if there were no effect on prices, the interest charge which results from borrowing necessarily makes a war more costly. 227. Borrowing Does Not Shift the Burden of War to the Future. One of the most popular of the arguments which have been used to justify extensive borrowing to finance a war is that future generations are recipients of the benefits, and hence should share the burdens. It is believed they share the burden by paying off the bonds which are issued during the progress of the war. There is no question but that war entails a burden upon the future the sinking of battleships and merchant marine, the destruction of factories, cities, mines, railroads, and agricultural lands, which otherwise would have been handed down to posterity, is conclusive evidence that war places a burden upon the future. The contention, how- ever, that the burden may be shifted has, in reality, no foundation. In only one way can this be possible. If the nation which borrows secures its loans from a foreign FINANCING AN EMERGENCY 453 country, and in turn purchases abroad the products with which to prosecute the war, it may continue to live as usual and the burden will fall when the bonds are payable. Burden Felt During War. The usual situation is for loans to be made at home, and the revenue thus secured to be spent within the country. In this case the burden, as far as the national aspects are concerned, cannot be shifted. A war is waged by using up large numbers of men and vast quantities of goods; consequently men who will reach maturity, and goods which will be pro- duced twenty or thirty years hence, cannot be used to fight present battles. An individual who has one thou- sand dollars has a command over commodities, but just as soon as he turns this over to the government in exchange for a bond he gives up this command. It is impossible to eat one's cake and have it too one cannot spend his money for goods and at the same time turn it over to the government to purchase war materials. Borrowing, then, does not lessen present material sac- rifices, for just as much private consumption must be forgone, just as many commodities are destroyed, as if the war were financed by gifts or taxes. The difference to future generations is that, in the case of borrowing, bonds are handed down to them which they must be taxed to pay, while if no bonds had been issued they would be saved the expense of going through the process of taxing themselves to pay for their bonds. The above reasoning applies where the same class which purchases the bonds is to be taxed to redeem them. Take a simple illustration. If there were no discounting of the future, in what light would an individual consider the purchase of a ten-year 5 per cent bond if the interest and principal were to be met by the bondholder? He is simply compelled to save enough each year to pay the interest to himself, and at the end of the ten years must have saved enough to pay him his principal. If the conditions 454 OUTLINES OF PUBLIC FINANCE of this assumption were true, and realized, very little popularity would be attached to the purchase of bonds. Shifting Burden of Payment. The future is discounted to such an extent that the sale of bonds might still be popular even if it were realized that there could be no shifting of the burden of payment. There exists, how- ever, the possibility of shifting the burden of payment to different individuals or to a different class of society from the purchaser of the bonds. As already indicated, bonds must eventually be paid from some form of taxes. If, in the coming generation, the plumber class can be taxed to pay the interest and principal of the bonds which the carpenter class owns, then there is a shifting of the burden from one class of society to another. The plumbers are made to recoup the carpenters for the burden they have shouldered. The bond which the carpenter 's son inherited from his father represents that much claim upon the pro- ductivity of the sons of plumbers. Shifting of this nature represents a situation, moreover, which is very likely to occur. When the war is on and the feeling of patriotism is high, a call for loans meets with a generous response from the wealthy class. This is as it should be, because of the evident ability to carry burdens. When taxes are levied to pay the interest and principal, however, they are not likely to fall upon the wealthy class in nearly the same proportion that it has subscribed to loans. Customs duties and excise taxes have been exten- sively used, and because of the influence of the wealthier classes in legislative bodies, the fiscal system may be so framed that an undue part of the taxes will fall upon the poorer classes. To the extent that this is true, borrowing causes the burden of war to be regressive. 228. The Extensive Use of Taxes Has Much to Com- mend It. Opposed to those who advocate the extensive use of loans for financing a war are the advocates of the extensive use of taxation. Since the burden must be met from taxes eventually, whatever the method adopted at FINANCING AN EMERGENCY 455 the time, the extensive use of taxes from the beginning is considered to have many advantages. Since loans, in a material sense, do not decrease the burden which falls upon a people engaged in conducting a war, the taking of the necessary amount by taxation would not cause a greater burden than borrowing. One significant result of postponing taxes by borrowing is to make them much heavier in the end. Taxation and Prices. The extensive use of taxes, on the other hand, will be conducive of much good. The bur- den to the government and its citizens will be materially lessened. The probability of inflation which comes from loans is lessened, consequently the resulting rise in price does not occur, and neither the government nor individ- uals must pay increased prices for the products which they demand. It may be possible to use the tax system also as a means for stabilizing prices. Before the advent of war, individuals have been accustomed to spend their incomes for certain classes of goods. After the advent of the war they cannot buy as many goods because produc- tion has been deranged to supply the materials necessary for the prosecution of the war. The result is likely to be an increase in price for the materials which are available for individual consumption. If, however, taxation were increased in proportion as the available goods were de- creased, then prices would tend to remain the same and no burden would be felt. The individual gets just as many goods, the only difference being that he does not have to turn over more money to get them. Drastic taxation at the beginning of a war may accom- plish other benefits for its prosecution than the supplying of revenue. One of the necessary adjustments, and one which must be made quickly, is the transfer of men and women workers from nonessential industries to the pro- duction of war materials. A taxation so severe that little would be available to be spent for nonessentials, would cause the production of such commodities to cease, and 456 OUTLINES OF PUBLIC FINANCE their producers to seek places where there is a demand for their services. This would not only supply the needed workers, but would take them from those industries from which they can best be spared. Exaggerated Objections. Some objections to the exten- sive use of taxes are frequently exaggerated. Much is still made, in some quarters, over the fact that borrowing is the time-honored method of financing a war. But with the successive breaking of historic precedence during the Great War, this statement bears no weight, unless reasons be advanced for continuing the policy. The objection that taxation will have a deterrent effect upon industry, at a time when it needs all possible encouragement, is more searching. As to this situation, however, much will de- pend upon the kind of the tax, the height of patriotic zeal, the possibilities of evasion, and similar considera- tions. War is a period of prosperity for the industries which survive, and they are, to an increased extent, able to meet the burden. Large returns are received from war contracts, prices are rising, and profits are swelling, while the derangement of industry causes hesitation in the in- vestment of the newly created capital. A tax which is wisely imposed may take a large part of this war-created wealth without causing any check upon the exertions of labor or capital. Taxes may, indeed, often be a spur to greater effort, so as to secure a larger differential margin after the tax is paid. Individual Attitude. If patriotism is running high, there is scarcely a limit to the tax burdens which individ- uals and industry will willingly bear. If the motivating force hi production is patriotism rather than private gain, there need be no fear of seriously handicapping produc- tive enterprise by heavy taxes. After the war, however, this patriotic motive will have passed, and it may be much more difficult to put into effect a satisfactory scheme of taxes. Those who are most able to bear the burden will be much more concerned about shifting it to FINANCING AN EMERGENCY 457 other shoulders. To be successful during a war, a tax system should be accompanied by an efficient adminis- trative machine, so that justice can be secured in reaching all the sources which should contribute. Not only should all the sources be reached, but evasion of the tax should be made difficult, and it should be made difficult for the burden to be shifted to others than those who should bear it. To accomplish this in its entirety, of course, is impos- sible, but the more nearly the ideal is approximated, the more just and successful will be the use of taxes. Equalization of Burden. The extensive use of taxes tends to equalize the burden of a war upon the different classes of citizens to a much greater extent than the use of extensive borrowing. Not only is this true of the civil- ian classes, but the burden is more equally divided be- tween the soldier and the civilian. Suppose, for instance, two citizens, at the beginning of a war, each of whom is receiving a salary of $10,000. One goes to the front and gives up his salary; the other remains at work and buys bonds with all above mere living expenses. As far as monetary sacrifice is concerned, each is giving up the same amount. The situation changes, however, after the war. The returned soldier enters his old position, and both are taxed to pay for the bonds held by the one who remained at his job. To have equalized the burden, the amount taken from the civilian should have been in the form of taxes rather than loans. Consideration of Expediency. Much care must be used in formulating a tax system which will meet both the re- quirements of justice and expediency. That system will most nearly approximate justice which imposes an equal burden upon all classes. To go the limit which justice might sanction, however, might not be expedient. A government, for example, might be justified in taking all the returns of industry which have arisen from war ac- tivities, or even all returns which are not specifically needed for reinvestment in essentially war activities. The 458 OUTLINES OF PUBLIC FINANCE effect of such a policy on economic activity might be dis- astrous, and so expediency suggests an approximation of justice through the use of steeply progressive tax rates. A more extensive use can be made of taxes upon business, with less burden, than upon other bases, because there is less risk in business undertakings. A larger percentage of necessities is being produced for which the market is more assured, than for other classes of goods. Expediency would sanction, also, the use of taxes upon commodities, but because of their regressive nature their use should be tempered by the requirements of justice. 229. Borrowing Usually Has a Legitimate Place in Emergency Financiering. The case for the extensive use of taxes in financing a war is strong, yet various circumstances usually exist which make it impracticable to attempt to raise all the needed revenues from this source. The important thing to be kept continually before the minds of the fiscal authorities is that a policy must be adopted which will see the war through. The source of the revenue must not be used up, so that the treasury will find no more funds available when the conflict is only partially finished, but the source must be kept intact so that each successive demand will be met with a forthcoming supply. The tree must not be cut down to get the fruit, but must be left to produce more fruit as it is needed to supply the recurring wants. Administrative Machinery. The revenue system which is in existence at the outbreak of a war is a consideration of first magnitude when proposals are made to increase many fold the amount secured from taxes. If the policy of taxation is contemplated, it is most certainly true that preparation for war should be made in tune of peace. In order to meet the excess demands, the revenue system must be one which is capable of rapid expansion. This can be done only when the revenue system of peace times is broad in its scope; and if its rates are less than the maxi- mum revenue rates. If this be true, all that needs FINANCING AN EMERGENCY 459 to be done when the crisis comes is to increase the rates up to the maximum revenue yield, if neces- sary. If, however, the maximum revenue is already being received, the officials are confronted with the task of devising new taxes and new administrative machinery, both of which are tune-consuming propositions. New taxes, moreover, are generally unpopular, and a period of education is necessary before people will pay them willingly. The needs of the government will not wait, and while an adequate tax system is being arranged it may be necessary to resort to borrowing. Importance of Personal Element. Human nature is an important factor with which fiscal authorities must always reckon. It has already been indicated that individuals discount the future. The fact that taxes must at some time be levied to the full amount of all loans does not weigh heavily enough upon the present generations to induce them to shoulder the entire burden in taxes at present, in order to avoid the future tax payments. While the material sacrifice may be just as great in lending an amount as if it had been taken in taxes, the personal loss is much less in the case of the loan. To the individual the bond merely represents his property in another form. The use of borrowing, therefore, will generally result in a much heartier response, and will secure more adequate returns when funds are needed quickly, because it appeals to human nature. Confidence in Government. The confidence which the citizenship has in its government, and the strength of the sentiment in favor of the undertaldng, will be somewhat of a guide to the authorities in determining the sources of revenue. If the cause is close to the hearts of the people, and the patriotic zeal at a high pitch, greater personal sacrifices will be willingly borne, and consequently taxes can be used more extensively than if the interest were merely lukewarm. As long as the administration of the government has been conducted in such a way as to 460 OUTLINES OF PUBLIC FINANCE strengthen the confidence of the people, great sacrifices will be made to support it in its undertakings. An ad- ministration which possesses the absolute confidence of its citizenship, and which embarks upon a cause which meets with their undivided approval, can rely extensively upon taxes to secure the needed revenue. Industrial Considerations. The effect of the fiscal policy on the productive capacity of the country must always be kept in the foreground. The appeals must be made in such a way that each will bring results in the form of revenue, and yet always act as a spur to increased energy in production, and never as a discouragement. This is particularly true in the first stages of the conflict, when industry is burdened with discouragements. Some have endured a hard transition from unessential lines of en- deavor to the production of war materials. Industry, moreover, has likely been hard hit by the withdrawal of labor to the army. The precipitation of any unexpected and unprepared-f or heavy tax burden upon industry under such conditions could scarcely help having a deterrent effect. In order to keep up the productive capacity under these circumstances, a resort to borrowing may be preferable. The general economic and industrial condition of the country, as compared with the magnitude of the demands, is a factor to be kept in mind. It would be suicidal to attempt to collect in taxes an amount greater than the national income. It may be true, however, that the necessary revenue will exceed this sum. In the case of a life and death struggle it may become necessary to spend many tunes as much as the national income. In such cases borrowing must be resorted to, from a foreign coun- try, if possible, and the loan be repaid gradually from the income of succeeding years. 230. The Proper Combination of Loans and Taxes Forms the Best War Finance Policy. The foregoing dis- cussion points to the conclusion that, while an extensive pr exclusive reliance upon taxes is theoretically advisable, FINANCING AN EMERGENCY 461 yet the practical aspects of the case nearly always make some use of loans desirable. The problem of the revenue administrators is to hit upon the proper combination in the use of these two sources. It will usually happen that greater reliance must be placed upon loans at the begin- ning of the emergency. Revenue systems are not usually in operation which will permit of sufficient expansion to meet the immediate demands. Public sentiment, likewise, may have to be developed before individuals are willing to endure the feeling of sacrifice. At the beginning, then, the extensive use of the borrowing power may be the proper solution. This does not mean that it should be the permanent policy. The authorities should at once begin to develop new taxes and to expand the old where it is possible. As time goes on, the habit of paying more taxes will be formed, and little opposition will be encountered. As public sentiment becomes more favorable, taxation can be pushed more rapidly, until it may be made the chief source of revenue. If any policy for the proper procedure of officials were to be formulated it would be something like this: use taxes at the beginning as much as possible, but not to such an extent as to antagonize individuals or discourage industry; introduce taxes as rapidly as possible, so that as time goes on the majority, if not all, of the needed revenue shall come from this source. In the light of the underlying principles which have been discussed in the preceding pages, it will be instructive to review some of the methods which have been used in financing wars, to see how closely they have adhered to these principles, and to note the degree of success which was attained. 231. Earlier Wars of the United States Were Financed Largely Through Borrowing. Between the Revolutionary War and the Great War, only two conflicts have appeared in American history which have placed any real burden upon the people. These were the War of 1812 and the Civil War. The fiscal measures of the Revolution do not 1<i2 OUTLINES OF PUBLIC FINANCE represent a predetermined and definite plan, but are ex- amples of a government of little power attempting to secure funds in any possible manner. The issue of paper money was extensively relied upon at the beginning of the struggle, but its rapid depreciation proved the in- effectiveness of this plan. Many attempts were made to requisition both money and materials from the states, while borrowing, both at home and abroad, was pressed to the limit. Attempts to establish a national system of taxation proved unsuccessful, and resort was finally made to the establishment of a bank to extend aid to the gov- ernment. In the War of 1812 and the Civil War, however, an attempt was made to adhere to a more definite policy. The War of 1 812. Secretary of the Treasury Gallatin was responsible for the plan used to finance the War of 1812. Congress heartily consented to the plan which he proposed, while only an occasional individual member voiced an objection. Reliance was to be placed entirely upon borrowing to meet the increase of expenditure be- cause of the war, and an earnest attempt was made to adhere to this policy. The Secretary advised that taxes be increased sufficiently to meet the interest upon the loans, but Congress was unwilling to digress from the policy of borrowing even to this extent. The flotation of the first loan was not accompanied by any marked degree of success. This was attributed to the fact that the provisions of the bonds were not attrac- tive enough. The response to successive issues, however, was even worse, and the depreciation on the market con- tinued to increase, until in 1814 the government had practically reached its limit in the expansion of long-time credit. The failure of the loans to produce the desired amount led to the frequent and extensive use of treasury certificates. The policy clearly demonstrated the fact that borrowing cannot be conducted successfully unless some inclination is shown to provide a means for the redemption of promises. When Mr. Dallas took up the FINANCING AN EMERGENCY 463 Treasury portfolio in 1814 he condemned in no uncertain language the policy which had been so closely followed. He attributed the breakdown of the credit machinery to the failure to use adequate taxation to form a basis for credit expansion. His foremost proposal, in an effort to retrieve the mistakes of his predecessors, was to put into force an adequate system of taxes. The Civil War. The system adopted to finance the Civil War was practically a repetition of that of the War of 1812. The same general plan was followed with the same general results. Almost exclusive reliance was placed upon borrowing, followed by a collapse of the credit system. The real difference was the step in advance of thr earlier policy when the treasury notes, or greenbacks, were given legal tender qualities to settle individual debts. No comment is needed, to those who are familiar with our economic history, upon their rapid depreciation and con- sequent economic effects. Secretary Chase, in his recom- mendations to Congress, advised taxes of sufficient amount to take care of ordinary expenses of interest on the debt obligations, and of a start toward a sinking fund. Some new taxes were proposed, but these were intended to make up the deficit in the revenue caused by the war. The most important of these was the inauguration of income taxes and internal revenue duties. The war had progressed nearly three years before Congress could be made to realize that the loan policy was proving disas- trous. The interest rate had to be increased and the dis- count at which the bonds sold was becoming more marked. When Congress became convinced, near the end of 1863, that resort must be made to other than borrowing, a vigorous tax plan was pursued, with most gratifying re- sults. Not only was it demonstrated that the citizens seemed willing to meet the tax burden, but that many appeared anxious to do so. Had this vigorous tax policy been pursued earlier in the conflict, the credit of the government, without question, would have remained more 30 464 OUTLINES OF PUBLIC FINANCE firm, the effect of which upon the South and upon foreign countries would have been quite salutary. 232. The United States Made Extensive Use of Taxes in Financing the Great War. In a discussion of methods used to finance war, those used by the various countries to provide funds for the recent world conflict command the interest of students of fiscal problems. A brief review of some of the more important attempts to secure revenue in the principal combating countries is all that can be undertaken here. Neither is there space for any extended criticism of these measures. Revenue Act of 1916. The United States, in reality, began her provision for war revenue before a state of war actually existed. The Revenue Act of 1916 was largely a preparedness measure, as was also in some respects the Revenue Act of 1914. The revenue provisions of the law of 1916 dealt particularly with income taxes, inheritance taxes, a tax on the manufacture of munitions, and some miscellaneous taxes. The changes in the income tax were noted in the chapter on Income Taxes. 1 The inheritance tax was introduced as a Federal measure for the first time since 1902. The tax was imposed upon the transfer of the entire net estate, less certain allowances, rather than upon the amount of each share, and made no differentia- tion between collateral and direct heirs. The rate was progressive from 1 to 10 per cent, and the gradations ranged from $50,000 to $5,000,000. A tax of 12J^ per cent was placed upon the net profits of manufacturers of munitions. Under the title of miscellaneous taxes the duties were increased upon a number of commodities, such as liquors and tobacco, and some changes were made in the treatment of corporations, amusement houses, and brokers. This law was amended in some ways before it was made the basis for the War Revenue Act, signed October 3, 1917 the one real revenue Act of the war. The Act contained thir- teen provisions, most of them dealing with various classes igee. 303. FINANCING AN EMERGENCY 465 of taxes. The provisions of this law did not repeal previous legislation, but, with a few exceptions, supplemented it for the purpose of securing a war revenue. The most impor- tant item in the Act were titles I and II, which dealt with income taxes and excess profits taxes, respectively. Income Tax of 1 91 7. 1 Drastic changes were made in the taxation of incomes. To the normal rate of 2 per cent, under the 1916 law, there was added another normal rate of 2 per cent for war purposes. The exemptions, moreover, were reduced from $3,000 and $4,000 to $1,000 and $2,000. This placed a normal tax of 4 per cent on all incomes of more than $3,000 or $4,000. The Act imposed a surtax to be added to the additional taxes im- posed by the former laws. The number of grades was large, and the rates steeply progressive, from 1 per cent on the amount of income between $5,000 and $7,500, to 50 per cent on the amount of income over $1,000,000. Most incomes were thus subject to four taxes. The in- come of more than $1,000,000 of an unmarried person was subject to the normal tax of 2 per cent on all income above $3,000, and the war normal of 2 per cent on all over $1,000. To this was added the additional taxes up to 13 per cent on the various grades of income, followed by the war sur- plus taxes up to 50 per cent on the amount of income over $1,000,000. This made a total income tax which ap- proached, but of course fell somewhat short of, 67 per cent an extreme which was approximated in no other country. Excess Profits Tax. The use of taxes upon excess profits was practically an innovation in our fiscal policy. The embryo of this might be found, however, in the tax on the profits of munition manufacturers, which began to take definite form in the March, 1917, Revenue Act. The tax was evidently designed to take, for the benefit of the government, a part of the profits created by the war. The rule provided for arriving at excess profits was to deduct the average rate of profits earned upon the capital invested in the three pre-war years (1911-1913), provided 1 For changes made in 1921 see note p. 483. 466 OUTLINES OF PUBLIC FINANCE this rate was between 7 and 9 per cent. Whatever the previous return, however, the minimum deduction in any case was 7 per cent, and the maximum 9 per cent. The tax applied to corporations, partnerships, and individuals, the only distinction being that the maximum exemption allowed to corporations was somewhat smaller than that allowed to individuals and partnerships. The rates were progressive, according to the following schedule: Per Cent Profit Rate of Tax Between 7 to 9 and 15 20 per cent " 15 " 20 25 " " " 20 " 25 35 " " 25 " 33 45 " " Over 33 60 " " Inheritance Tax and Other Provisions. Another impor- tant modification of the previous law was the increase in the inheritance tax rates. The 1916 schedule of rates had been modified earlier in the year to range from lj/2 to 15 per cent. By the revenue law under discussion, additional rates were imposed upon the same grades from J^2 of 1 per cent on the lowest grade to 10 per cent on the highest the amount by which a bequest exceeded $10,000,000. The maximum inheritance tax which could be collected, therefore, would be 25 per cent. Other provisions of the Act, which can only be indicated here, were concerned with increasing tax rates upon goods which were already taxed, and with tapping new sources of revenue. The taxes upon distilled spirits, beer, and tobacco were raised materially. The search for new sources of revenue resulted in the placing of tax levies in many new and unexpected fields. Freight, express, and passenger transportation, and telegraph and telephone messages, were made taxable. The manufacturers of a large class of semiluxuries, such as automobiles, musical instruments, jewelry, sporting goods, and many other articles, were required to pay a tax on their product. A 10 per cent tax, to be paid by the purchaser, was placed upon tickets of admission, and also upon the dues, initia- FINANCING AN EMERGENCY 467 tion, and membership fees of various clubs. Postal rates were modified so as to bring a greater return, and a long list of legal papers were made subject to stamp taxes. Revenue Act of 1918. Just as some of the measures enacted before the opening of hostilities should be classed as war legislation, so the revenue measure which was passed within a few weeks after the signing of the armis- tice was in large part a war revenue bill. It was largely formulated before hostilities ceased, and the need for huge expenditures did not stop with the signing of the armistice. The previous revenue bill was closely followed, and only a few of the more important changes can be noticed. The law of 1918 modified the income tax sched- ule as to normal rates, which were to be 6 per cent on the first $4,000 income above the exemption, and 12 per cent on the remainder. The exemptions remained the same as in the preceding law, except that $200 was now allowed for each dependent instead of for each dependent child. In each succeeding year after the 1919 income tax pay- ment, the normal rates are to be 4 and 8 per cent, respec- tively, while the surtax rates remain the same. The graduation was slightly modified and strengthened, so that the maximum surtax is 65 per cent. Under the law of 1918 the income of an unmarried per- son of over $1,000,000 for the calendar year of 1918 would be subject to the 6 per cent normal tax on $4,000, and the 12 per cent normal tax on $995,000. In addition to these normal taxes there were the surtaxes on the dif- ferent grades up to 65 per cent on the amount over $1,- 000,000. This made the total tax approach the limit of 77 per cent. Since there was an exemption, and only a 6 per cent normal tax on $4,000, and since all the grades were not subject to the 65 per cent surtax, the total tax would be much less than 77 per cent of the entire income. The excess profits tax was somewhat clarified and modi- fied under this new legislation, and, due to the pressure from the states, the rates on inheritances were lowered. 468 OUTLINES OF PUBLIC FINANCE The reductions are in the lower grades, for the rate on the amount of inheritance over $10,000,000 is still 25 per cent. Taxes were extended to a number of consumption goods, either with the hope of securing revenue or of dis- couraging the purchase of goods. 1 Corporation Taxes. Under each of these revenue Acts the tax upon the net income of corporations was increased. The 1916 law placed it at 2 per cent, while the Act of 1917 imposed an additional tax of 4 per cent, making a total tax of 6 per cent. The Act of 1919 went still farther and made the rate 12 per cent for the calendar year of 1918, and 10 per cent for each succeeding year. Many details exist in the law as to exemptions, deductions, evasions, calculation of income, and administrative procedure. 233. Administrative Problems Developed from the Tax Laws. Such a wide expansion of existing taxes and the adoption of so many new forms of revenue precipitated, as might be expected, a number of problems with which the administrative officials had to cope. It was extremely fortunate, however, that the income tax was already in operation, that its administrative machinery was organ- ized, and that it was capable of such a wide expansion. The difficulties which arose from the extensive use of this tax were therefore reduced to a minimum. Much difficulty arose, however, in obtaining satisfac- tory results from the excess profits tax. Profits were to be calculated on the amount of invested capital, but the amount of invested capital was not always easy to deter- mine. The administrative machinery became swamped with cases held under advisement, and millions of dollars of potential revenue were held up until proper adjustments could be made. The progressive levy worked injustice in the cases where the returns were divided among several 1 An attempt to go into the details of this law as it relates to incomes and excess profits would take us too far afield. A number of technical treatises have been published and are available to anyone wishing to make a more thorough study of these forms of taxes in the United States. FINANCING AN EMERGENCY 469 owners as against a comparatively close division that is, it was not based upon the ability to pay. Difficulty arose, also, in attempting to get a semblance of justice between businesses of different forms of organization. In the re- vision, the tax was made to apply only to corporations, with the expectation that partnerships would be reached through the individual members. The arrangement, even yet, cannot be said to be satisfactory, and tax injustices between close competitors, with different forms of busi- ness organization, frequently occur. The fact that the tax was made one upon excess profits rather than upon profits arising from war, suggests the intention that it might continue as a part of the peace-time taxes. The fact that it retained such an important place in the important post-war Revenue Act also points to the same conclusion. Much agitation has arisen for its repeal, however, and it may be given up in the not distant future. A nation could not hope to make such an extensive use of taxes without some friction and dissatisfaction. On the whole, the taxes fulfilled what was expected of them. It is perhaps true that more energy was exerted in at- tempting to find fields for new and increased taxes than was exerted in establishing the machinery to take care of the taxes as they were levied. A large part of the dissatis- faction which was voiced arose from this cause. There appeared little unwillingness to bear tax burdens, but individuals did object to bearing heavy burdens when others equally able to bear burdens were escaping. The sooner the administrative machinery can be so perfected as to be able to iron out these inequalities, the more suc- cessfully, extensively, and peacefully can taxes be used to meet the burdens of reconstruction. 234. The United States Borrowed Extensively During the Great War. In spite of the strenuous efforts to secure revenue from taxes, it was found necessary to secure the larger part of the needed funds by borrowing. The dif- ferent loans were well organized and were carried through 470 OUTLINES OF PUBLIC FINANCE very successfully. The existence of the Federal Reserve banking system proved of inestimable worth. The Fed- eral Reserve Act provides that these banks could be made to act as fiscal agents of the government, and the Secre- tary of the Treasury was not slow in enlisting their serv- ices. Each of the twelve reserve banks acted as centers and were responsible for making the loan projects success- ful. These banks and their members, as well as the other banking institutions, were enthusiastic agents of the gov- ernment in taking subscriptions for the loans, and were large purchasers of the bonds themselves. The advance of money and credit which they continually made to the government was another valuable service. Bond Issues. Five issues of bonds were floated, and the success of each issue left nothing to be desired. Strong appeal was made, both to patriotic and economic senti- ment, and the pressure exerted at times was so strong that subscription became more nearly coercive than vol- untary. Wide publicity was given through newspaper, magazine, and poster advertising, as well as through short speeches at moving picture theaters, churches, and other public gatherings. Various organizations throughout the country took up the burden of enlightening the public and securing subscriptions to the bonds. The issues were made in convenient denominations, the fifty dollar "baby bond" being especially designed to attract the small in- vestor. The privilege of paying for the bonds on the in- stallment plan was a further aid in securing subscriptions. Treasury Certificates. In anticipation of the return from the various loans and taxes, an extensive use was made of the treasury certificates. These were carried very largely by the banks, and were canceled when the anticipated revenue was realized. By this process the government did not have to wait for funds, but was financed from the credit which banks could extend, and a large part of the expected revenue was actually spent before it was received. The total amount of these cer- FINANCING AN EMERGENCY 471 tificates of indebtedness exceeded the returns from the loans. The sale of war savings certificates and thrift stamps was inaugurated to appeal to the class of savers who could not purchase bonds, and incidentally to secure some additional revenue from those who had made bond purchases. The post office was used extensively as the agent for these sales. Success of Loan Policy. This brief outline of our loan policy cannot but bring into contrast the effectiveness of the methods employed as compared with those used in attempting to secure loans at the time of the Civil War. The possibility of employing private agencies was seized eagerly, and every possible means was used to create a desire for the securities. Recognition was made of the fact that, in order for the public to buy, they must either be supplied with what they want, or be made to want what is supplied. Not only were the bonds made attrac- tive, but every effort was made to create desire for them. Even the titles Liberty Loan to each of the first four issues, and Victory Loan to the fifth indicate that a psychological appeal was intended. Some of the varia- tions in the bonds, together with the success of the issues, is indicated in the following table : l 8 Date Amount Ask in Billions Amount Subscribed Amount Accepted Number of Subscribers Is !* Redeem- able or Payable June 15, '17 Nov. 15, '17 2 3 $3,035,226,850 4,617,532,300 $2,000,000,000 3,808,766,150 4,500,000 9,420,000 3.5 4 1922-47 1927-42 May 9, '18 3 4,176,516,850 4,176,516,850 18,376,000 4.25 1928 Oct. 24, '18 6 6,993,073,2,50 6,993,073,250 21,000,000 4.25 1933-38 May 21, '19 4.5 5,249,908,300 4,500,000,000 12,000,000 4.75 1923-24 1 This table is given in practically this form by E. L. Bogart, in his study Direct, and Indirect Costs of the Great World War, under the allspices of the Carnegie Endowment for International Peace. A more elaborate table could be compiled which would show the tax exemptions of the different issues, the conversion privileges, ete. 472 OUTLINES OF PUBLIC FINANCE 235. Fiscal Problems Did Not End with the War. If the fiscal problems and difficulties caused by a war would end with the war, the task of the fiscal official would be materially lessened. The problems, however, do not cease, but, on the other hand, the return of peace fre- quently makes the solution of the problems more diffi- cult. The cessation of hostilities does not immediately disband armies or pay interest on a huge public debt, so that war expenditures really last much longer than the war. The end of the war, however, produces a change in the nature of the taxpayer. Taxes that were willingly paid while the war was in progress are now evaded or grudgingly paid. The low prices of the readjustment period make taxpaying all the more burdensome and dis- tasteful. Some important sources of revenue, such as excess profits or war profits, begin to melt away. Legisla- tors are confronted with the problem, then, of readjusting the revenue system so that a sufficient amount of funds will be received with as little injustice and objection as possible. Many Changes Suggested. There has been no dearth of remedies suggested to Congress as a cure for the pres- ent ailments in the fiscal system. Some have suggested that a tax on the undistributed earnings of corporations, and a flat tax on corporation profits or incomes, be sub- stituted for the now dwindling and highly unsatisfactory excess profits tax. Another suggestion has been to re- model the tariff on a purely revenue basis. Some have advocated a tax on gasoline as well as one of varying amounts on the owners of passenger automobiles. An in- creased taxation of land values, especially upon those of unimproved land, has had its share of advocates. Opin- ion has generally been favorable to the removal of the excess profits tax and the higher surtaxes on personal incomes. Secretary of the Treasury Mellon made some recom- mendations to Congress for remedying the situation. He FINANCING AN EMERGENCY 473 would repeal the excess profits tax and make good the loss of revenue by means of some other tax on corporation profits or by an addition to the income tax on corpora- tions. He would readjust the income tax rates so that for 1921 the maximum combined normal and surtaxes would be 40 per cent, and 33 per cent thereafter. He asked for the retention ofcmany of the sales taxes, such as those on transportation*; admissions, and such goo3s as tobacdo, but asked for the elimination of those thgt had proved a nuisance, such as taxes upon sales at soda foun- tains. Advantages of Sales Tax. One of the most strongly advocated and widely discussed changes has been for the adoption of a general sales or turnover tax. This might take a number of forms, but the plan that has been most widely advocated has been a 1 per cent tax upon all sales of whatever nature. The Tax League of America has set forth the following arguments in favor of the sales tax: (1) It will undoubtedly produce all the revenue needed. (2) Under it the flow of revenue will be prompt, constant, and dependable. (pj^It willjbgjpaid by the whole body of thepeojple, but m infinitely small amounts, by each individual. (4) It is^jmple i^ operation and will be promptly, completely, and economically collected, without burdening anybody. (5) When supplemented by ^moderate income tax it will rest equitably upon all. (6) It will abolish the present harmful method of class taxation, and business will promptly get back on its feet and prosperity return. (7) It will reduce the high cost of living without reducing the profits of the producer. iSany advocates of the tax refer to its successful use in other countries, such as the Philippines, Canada, and France. The dissimilarities in the tax used, or in the busi- ness conducted, however, make the argument from ana- logy of little weight. Objections to Sales Tax. The favor with which the proposition of a sales tax was at first received decreased 474 OUTLINES OF PUBLIC FINANCE materially as it became more generally studied and dis- cussed. The important objections that have been brought out have been summed up as follows: (JTJ) The general sales tax is essentially unjust in that it is a tax levied ac- cording to needs rather than according to ability to pay. (2) The general sales tax is grossly discriminatory. In so far as "the tax cannot be shifted, it is distributed accord- ing to gross income, which furnishes no measure of tax- paying ability. The tax treats as being alike transactions which are fundamentally unlike; it subjects to very un- equal risks taxpayers in substantially similar positions; it affords an indefensible bounty to the large, integrated industry, as compared with smaller industrial units. (3) The tax rests upon an artificial basis in that it turns upon the mere form of business transactions, and would lead to undesirable changes in business practice. 1 Shifting and Incidence. One of the most common and weighty objections to the sales tax as well as to most forms of corporation taxes is that the burden will be shifted to the consumer. Consequently, the mass of the population with small and moderate incomes will be bear- ing the bulk of the tax burden. This appears particularly objectionable in the sales tax, since it is thought all the taxes on sales from the production of the raw materials to the final disposal of the finished product will be pyra- mided and rest on the consumer. The American Federa- tion of Labor and numerous other organizations are, con- sequently, opposed to the introduction of the sales tax. ^Protests have also been registered by a number of manu- facturers' and merchants' associations, which would indi- 'cate that they are not so sure about the possibilities of shifting the burden. The same underlying principles of shifting and incidence that were discussed in Chapter VIII apply to sales taxes and the various taxes on corporations. The laws of price 1 Arthur A, Ballantine, The Annals of (he American Academy of Political and Social 8cience t vol xov, p. 214, FINANCING AN EMERGENCY 475 are the determining factors. No one will want a good to any greater extent because it is taxed, and consequently will be willing to pay no more for it* In case the demand for the good be very inelastic, then it will be possible to shift practically the entire burden and dispose of the same number of goods. A review of the principles upon whicrA the shifting of taxes is based will indicate that it is impos- | sible to categorically state whether or not sales taxes and ] corporation taxes will be shifted. 236. England Financed the War Through a Combina- tion of Loans and Taxes. The war came upon England as a bolt from the clear sky, and she consequently had no time to put her fiscal house in order to meet the unwel- come guest. The first problem which presented itself, and which demanded quick action, was the protection of the domestic financial institutions and of the country's gold supply. This the government attempted to do by setting aside the note issue requirements of the Peel Act, issuing a paper currency which was loaned to the banks, raising the rate of discount at the Bank of England, and closing the Stock Exchange. When these objects were ac- complished, attention was turned to securing needed funds. The first measures, however, indicate a striking feature of the war policy in that, throughout the war, a rapid increase in the amount of paper currency was in evidence. Loan Policy. The first use of the loan policy was in the issue of short-term treasury obligations which were readily discounted at the banks. The paralyzed condition of industry had increased the funds in the banks to such an extent that the chance to use them in this way was welcome. The rapidly growing needs, however, could not be long sustained by the treasury certificates, and long- term bonds were issued early. Several other issues of bonds were made, with varying rates of interest and tax exemptions. An extensive use of the treasury certificates was made, however, throughout the war. Borrowing 476 OUTLINES OF PUBLIC FINANCE abroad was also carried on to some extent. As in the United States, small savings were secured through war savings certificates a feature which was urged, however, more extensively than in this country. The English plan of borrowing incorporated some pecul- iar features which are of interest. The short-term obliga- tions were not offered entirely to the banks, but were open to purchase by the public after the first few months of hostilities. The sale was generally at a rate favorable to the government. During the latter part of the war a continuous short-term obligation and bond sale was in- augurated. The advantage claimed for this was that it did away with the expense and excitement of particular drives. Special subscription days and weeks were fre- quently inaugurated, however, and enthusiastic individ- uals would sometimes offer prizes to those who would draw securities with a certain number. The revenue from this continuous sale generally proved to be satisfactory in amount. England, of course, was interested in securing credit in this country to enable her to purchase goods. One method by which she accomplished this was to buy up American securities from her subjects with the pay- ment of short-term obligations, and in turn using these as collateral to obtain credit here. Tax Policy. The fiscal officials were severely criticized in many quarters for not making a heavier use of taxes. Precedent had been set of meeting nearly half of such extraordinary needs from taxes, and many considered that the precedent should not be broken. As the war progressed, taxes tended to form a larger part of the bud- get. The budget had been passed shortly before the out- break of the war, and was not remodeled. Substantial increases in revenue over the previous budget were pro- vided, however, for the purpose of carrying out an exten- sive social program. The increases in the next budget were slight, consisting in small increases in the taxes on incomes, tea, and beer. FINANCING AN EMERGENCY 477 The appalling increase in expenditures, and the increas- ing strain upon the credit machinery, caused the recogni- tion of the need for heavier taxes. The normal income tax was raised to over 17 per cent, and the exemption was lowered to about $650. The rates of the supertax were also raised. In addition, a war profits tax was inaugu- rated. This took 50 per cent of the profits which arose from war activities. It differed from the excess profits tax of the United States in that it did not attempt to reach abnormal profits except as they arose from the war. In order that those with incomes of less than the exemp- tion amount might help share the burden, the tax upon generally consumed goods was raised 50 per cent. The budget of the following year placed a progressive rate upon incomes which reached 25 per cent for those over $12,500, while the war profits tax was iner eased to 60 per cent. The rates on consumable goods were raised and more commodities were added to the taxable list. Somewhat later the war profits tax was increased to 80 per cent, while the last budget that properly can be called a war budget increased income taxes slightly and introduced taxes upon luxuries. 237. The Revenue of France Was Secured Largely by Borrowing. The opening of the war found France in a very different economic condition than that which pre- vailed in England. The finances were none too sound, and the current revenue was not meeting current expendi- tures, while a bond issue had been provided to make up the deficiency. Payment on this bond issue was to be made in installments, two of which had been made at the outbreak of the war. The general derangement after this event put the treasury in a condition of distress; first, because individuals could not secure funds to meet the remaining installments on their loan subscription, and, second, because the occupation of one of the richest sec- tions of France wiped out the accustomed revenue from this territory. The problem of France at first was much 478 OUTLINES OF PUBLIC FINANCE the same as that of England to stabilize the domestic credit system. This she attempted to do through regulat- ing the withdrawal of bank deposits, closing and super- vising the Stock Exchange, and declaring a moratorium. Bank Aid and Loans. Those who are acquainted with the nature of the bank of France would expect the govern- ment to rely upon it extensively for aid, which proved to be the situation throughout the war. This aid was given through the large loans to the government, and through the large increase in the number of bank notes. The en- larged mass of this cheap currency began to endanger the gold supply, and specie payments were stopped. So much of the specie had been hoarded that a scarcity of money for small transactions was felt and paper notes of small denominations were struck. The needs of the government soon outgrew any aid the banks could give, and treasury bills were issued and sold both at home and abroad. Their insufficiency was soon manifest, and resort was made to long-term loans. Because of the weakened credit condi- tions, the terms upon which they could be sold were un- favorable to the government. Citizens loaned their Amer- ican securities to the government, and these were used as collateral in securing credit from America. The entrance of the United States into the war, and the subsequent ex- tension of credit, improved the situation. Tax Measures. Nothing was done for more than a year after the outbreak of hostilities to increase the rev- enue from taxes, but the authorities were finally driven to adopt more stringent tax measures. The income tax, adopted two years before, became operative in 1916. The rate was 2 per cent, but the exemptions were so arranged as to make it progressive. The war profits tax was also inaugurated in 1916 after much opposition, and imposed a 50 per cent tax on such returns. At the same time various other new taxes were levied, while some of the old rates were increased. In 1917 still other new taxes were imposed on business profits, and on the turnover in retail establish- FINANCING AN EMERGENCY 479 ments. Other rulings were that taxes should be placed upon agricultural profits, salaries, and similar returns. Had this policy been adopted earlier, the credit of the nation would doubtless have remained more firm. Other Allied Countries. The fiscal policy of the other Entente allies was just as indefinite, but space does not permit a review of the systems used. Suffice it to point out that Canada, after appealing to banks for aid, started a vigorous system of taxes which, of course, did not prove adequate, and loans were resorted to at various tunes. In Australia public works were being built with borrowed funds, yet her war loans were successful, as was also the income tax. In Russia taxes were used only sparingly, but most reliance was put upon loans and the issue of paper. In Italy, first resort was taken to aid from banks, followed by the use of both new and old taxes to secure revenue. A liberal amount of borrowing was also done. 238. The Central Powers Used Loans Most Extensively. Germany, unlike the allied nations, entered the war with closely laid fiscal plans, which had been formulated and developed through long years of preparation. The method for securing funds was based upon the military plan of a short and victorious war, with large indemnities hi settlement. The reliance upon an extensive system of credit instruments was the result, the expectation being to redeem these with the funds secured from the indemni- ties. The defeat of the military program was consequently reflected in the breakdown of the fiscal program. Preparatory Measures. The credit machinery which was in existence at the declaration of the war, or which was immediately put into existence, showed that careful preparation had been made for such a crisis. A few months before the break, the amount of gold in the war chest had been increased from $21,000,000 to more than $50,000,000. Systematic attempts had been made for some years to increase the gold reserve of the country as a basis for the issue of notes when the need came. The central banking 480 OUTLINES OF PUBLIC FINANCE institution had been given more extensive control over the banking machinery of the country in order that the gov- ernment might be better able to control the gold fund. Some preparatory attempts were even made to prevent the disturbance in the money market which usually ac- companies the opening of hostilities. The outbreak of the war called into clear relief the preparations which had been made, and their efficacy in meeting the demands. In spite of the anticipations of the government, panic seized many, and they began to demand gold from the banks. This led the central bank to suspend specie payments. The preparation for creating circulating instruments, however, was more successful. The war chest fund was transferred to the bank as a basis for note issue, and a large amount of bank notes continued to be issued, which were made legal tender, but which would not be redeemed in specie. Along with these suc- cessive issues of bank notes, treasury notes were put out by the government which were also made legal tender, and denied specie payment. As might be expected, the notes depreciated and prices became inflated. When merchants refused to accept the notes at face value, the regulation was adopted making it illegal to discount cur- rency, whereupon prices went still higher. Loan Policy. A vital part of the previous preparation was to liquify the wealth of the country so as to make it available for the government. As a part of the machin- ery for accomplishing this, vario usbanks were established throughout the country for the purpose of extending credit upon collateral. Stocks, bonds, merchandise, and nearly anything would be accepted as the basis for credit expansion. A number of regular war loans were floated, and these banks were used extensively to issue credit as a basis for the purchase of loans. Even the loans to be purchased were sometimes taken as collateral upon the loan made. As the war progressed, however, the credit machinery became more strained and the weakness of the FINANCING AN EMERGENCY 481 loan policy became unsuccessful to an embarrassing de- gree. Use of Taxes. As indicated above, taxes were not used in the earlier years of the war because it was considered they were not needed. It was thought that the good will of the citizens would be increased if this extra burden were not placed upon them. The failure of the military ma- chine to accomplish its purpose as scheduled, and the consequent weakening of the accepted fiscal policy, led the Finance Minister, in desperation, to turn to taxes as a supplementary source of revenue during the latter part of the struggle. At first they were so slight as to meet scarcely the interest charge, but near the end of the war they were increased so as to secure a noticeable return. It should be noted that the imperial government was somewhat handicapped, since it could make no use of direct taxes. The first war taxes were increased tele- phone, telegraph, and postal rates, as well as new taxes or increased rates upon war receipts, tobacco, bills of lading, and a few other articles. Later these rates were raised, and duties were levied upon railway tickets and coal. When the war was nearly over a much more ex- tensive use of taxes was attempted, and business transac- tions, beverages, and many luxuries were subject to taxa- tion. The revenue from these sources, while not great in proportion to the need, aided somewhat hi establishing a firmer fiscal system. System in Austria and Hungary. The fiscal systems used in Austria and Hungary followed closely that de- scribed for Germany, yet more importance was attached to taxes than was found in Germany. The impaired state of the finances at the opening of hostilities made it more difficult to carry out a sound policy for meeting the war needs. Bank credits and national loans were relied upon extensively, which resulted in a marked depreciation of the currency. This, it seemed, the taxes could not pre- vent. The direct tax on incomes was the principal source 482 OUTLINES OF PUBLIC FINANCE of revenue, although taxes were placed upon other bases. The rate on incomes was extremely high, as were those on directors' fees, land revenues, etc. The tardy introduc- tion of extensive taxes, however, could not overcome the bad fiscal situation which had been caused by the borrow- ing policy. 239. The Methods Used by the Different Countries Present Interesting Comparisons. The fiscal systems of no two countries were exactly alike, yet no purpose would be served in outlining that used in any except the more important belligerents. The interest in these countries attaches to the amount of revenue raised, the methods used in raising it, and the general effect on the citizenship. Interest attaches also to the method of publicity for securing loan subscribers, and to what extent loans were used in proportion to taxes. 1 The United States and Great Britain stand out pre- eminently as the two countries that placed most reliance upon taxes. Reasons for this in the United States might be that she had more time to prepare before entering the conflict. Many so-called authorities advocated a pay- as-you-go policy, which no doubt had an influence. The net result, however, was that loans greatly exceeded the amount secured from taxes. As a whole, probably a little less than one third of the revenue was raised from taxes. England's precedent in using so large a proportion of taxes to finance a previous war gave her an ideal toward which to work, and this no doubt had much to do with the expansion of her tax system. The unexpected demand, of course, could only be met by credit until the tax system could be put into operation. This was done quite effec- tively, however, and about the same proportion of the entire fund was raised from this source as in the United States. In both countries the results of inflation from the issue of more bank notes, and the many securities, was 1 For an interesting comparison of the sources of revenue of the impor- tant countries, see table on p. 497. FINANCING AN EMERGENCY 483 quickly reflected in the rapidly rising prices. France did not use taxes early in the conflict, but strongly favored borrowing, and this formed the source of the bulk of the revenue until the breaking credit system needed to be braced. The proportion of the entire expense which was met from taxes was less than that of England or of the United States. Germany and Austria-Hungary form the best example of recent emergency financiering, in which borrowing and bank credits were relied upon almost exclusively. The proof that it does not work successfully over a period of years, with an excessive demand for funds, is clearly demonstrated by the events in these countries. Deprecia- tion of the currency, a failure of the credit machinery, followed by a resort to taxes as a method of alleviation, was simply a repetition of the story which has been writ- ten each tune that a nation has tried to use borrowing to excess. ADDITIONAL READING Laughlin, Credit of the Nations. Bogart, Direct and Indirect Costs of the War. Bogart, War Costs and Their Financing. Annals of the American Academy of Political and Social Sciencej vol. Ixxv, vol. xcv, pp. 193-220. NOTE: The Revenue Act of 1921, signed by President Harding on November 23, 1921, has made many important changes. Some of the more important are: Every individual with a gross income of $5,000 or more must file a return, whatever his net income may be. The normal rates of 8 per cent on net incomes of more than $4,000, and of 4 per cent on smaller incomes, were not changed. The surtax rates were changed to range from 1 per cent to 50 per cent on net incomes in excess of $5,000. The 50-per-cent rate applies to all net incomes in excess of $200,000. The exemption allowed to a head of a family is $2,500 if his net income is not in excess of $5,000, otherwise it is $2,000. A deduction of $400 is allowed for each dependent. The 1921 law repeals the tax on excess profits and fixes the tax on the net income of corporations at 12 y> per cent. CHAPTER XX THE COST OF WAR 240. The Cost of War Presents a Variety of Aspects. The Great War exhibited the most significant example of a fiscal emergency that has ever confronted the nations of the world, and it is to be hoped they will be called upon to meet no such emergency in the future. Few have any concept as to the burden that was entailed, and, indeed, it is next to impossible to form any adequate concept, because of the enormity of the demands which were made. Figures can be compiled as to the monetary outlay, but the amounts are so staggering as to be almost beyond the possibility of comprehension. Statistics were omitted in the previous chapter, with the idea that they would be more significant and important when viewed as an at- tempt to interpret war costs. Some of the statistical tables will serve, nevertheless, as valuable illustrations of part of the discussion which is found in the preceding chapter. Citizens not only have a right to know, but should know, the magnitude of this burden which has been in- voluntarily thrust upon them. This is the more impor- tant, too, in these days, when the demands upon the functions of the state have become so extended as to make the securing of funds for ordinary expenditures a real problem. Many citizens, moreover, may now or in the future be in positions of political power and influence, and by having an adequate understanding of the conse- quences of war, they should hesitate to thrust a country into a state of hostilities without the maturist deliberation. Money Costs. The first significant factor that appears in the mention of the cost of war is that large sums of THE COST OF WAR 485 money are demanded and expended. It has already been noted that this aspect is but superficial, for in reality the actual money is of no service except as it will command ships, artillery, munitions, and supplies. A period of war, in fact, is almost without exception marked by a per- ceptible increase in the circulating medium. If the direct money expenditures were the only cost of war, the calcu- lation would be comparatively easy and the burden would be materially lessened. War costs do not begin, however, with the opening of hostilities, nor do they cease with treaties of peace. The expense of maintaining the mili- tary machine in Germany was an enormous burden, while the maintenance of armies and navies in countries which were considered as unprepared for war, has formed no little proportion of their entire expenditures. Other Costs. The direct money expenditures for war, its preparation and aftermath, are not the only conse- quences to which a fiscal importance can be attached. The need for safeguarding the patrimony of the state has already been emphasized, and the possible effects of war upon the potential sources of revenue cannot be over- emphasized. The decrease in productive capacity which arises from the destruction of capital and man power is an item which at once presents itself. The diversion of industry from productive enterprises to those of produc- ing for destruction; the disarrangement of trade and commerce; the decreased productive capacity of those left physically and morally deficient; the destruction of the virile manhood which leaves a larger proportion of the weaklings to propagate the race; the sums which must be expended to take care of those left dependent or partially dependent these all must be considered in the invisible and visible costs of war. Because of these re- sults, the state is handicapped in raising funds for prose- cuting the many progressive enterprises which are con- tinually calling for its support. Returns from War. To endure such costs as indicated 486 OUTLINES OF PUBLIC FINANCE above, the returns from war should be great. These re- turns are often exaggerated. The claim of the militarists has been that war makes for strength and manhood, and unless military training be given, the male population would degenerate into weaklings. The fallacy of such reasoning was clearly demonstrated when the strength and vitality of the peace-bred American soldier was pitted against the one of militaristic breeding on the Western front. War does, no doubt, stimulate progress, but it is impossible to measure the amount of progress which has been dependent upon war. Necessity is the mother of invention in time of war, if at any time, and may bring rapid advancement in scientific progress. The develop- ment of the air craft, for example, received a remarkable stimulus from the Great War, and it is impossible even to estimate how many years of peace it would have taken to have arrived at the same place. While some such bene- fits may come, they sink into insignificance when com- pared with the cost. An attempt will be made to show briefly some of the costs which have been found to accompany war, with the general effects upon the citizenship. The figures which will be found may be far from accurate, but they form a valuable basis of comparison. 241. The United States Was Not Free from War Costs During Its Early History. Few citizens, before the ad- vent of the Great War, have stopped to consider that the direct or indirect expenditures for war have placed a larger burden, in the form of Federal expenditures, upon the people of the United States, than the burden has been for all other expenditures. A moment's reflection upon this statement cannot but impress upon the reader the cost of war, of its preparation and consequences, even in a country that has enjoyed as many years of peace as has the United States. Cost of Early Wars. The War of 1812 was, of course, the first actual experience with warfare which can be THE COST OF WAR 487 attributed to the United States. That does not mean that the early citizens were free from the burden of war, for fiscal reminders of the Revolution were ever present. Expensive Indian wars also occurred. The attempt will be made, so far as possible, to refrain from the use of burdensome statistics, yet there is no better way to show the weight of war costs during the first years of our gov- ernment than to give a table of comparative expenditures for some of the early years. To arrive at war burdens the first three columns must be offset against the fourth, or compared with the total. Even this does not quite tell the story, for under the miscellaneous expenditures is included the amount which was expended for pensions as well as the civil expenditures. EXPENDITURES OF THE UNITED STATES 1 Year War ,' Navy Interest on Debt Miscellane- ous Total 1791 $ 633,000 $1,178,000 SI, 286 000 $ 3 097 000 1794 1797 1800 1802 . . 2,639,000 1,039,000 2,561,000 1,179,000 $ 61,000 382,000 3,448,000 915,000 2,752,000 3,172,000 3,402,000 4,239,000 844,000 1,414,000 1,401,000 1 642000 6,297,000 6,008,000 10,813,000 7 976000 1804 875,000 1,189,000 4,185,000 2,287 000 8637000 1806 1 224 000 1 649 000 3368000 3 206 000 9 449000 1808 1810 . .. 2,900,000 2,294,000 1,884,000 1,654,000 2,557,000 3,163 000 1,719,000 1 362000 9,061,000 8474000 1811 2,032,000 1,965,000 2,585,000 1,594,000 8,178,000 War of 1812 -The advent of the War of 1812 very largely increased the visible war costs. The above table extended through the War of 1812 is as follows: Year War Navy Interest on Debt Miscellane- ous Total 1812.. . $11 817000 $3 959 000 $2 451 000 $2 052 000 $20 280 000 1813 1814 1815 19,652,000 20,350,000 14,794,000 6,446,000 7,311,000 8,660,000 3,599,000 4,593,000 5,990,000 1,983,000 2,465,000 3,499,000 31,681,000 34,720,000 32,943,000 l The statistics for these early expenditures are taken from Dewey, Firunicial History of the United States. The figures under "War" and "Navy" are for these respective departments, 488 OUTLINES OF PUBLIC FINANCE The immense increase in expenditures which a war en- tails is clearly illustrated from this table, even though the percentage of expenditure for the weapons of war in times of peace may be large. In the above tables it its seen that in 1811, the last year before open hostilities, the war costs were over 95 per cent of the entire expenditures. The burdens, however, did not cease with the signing of the treaty, but the outlays for war machines, the payment of interest and pensions, continued. Peace Expenditures. The following table, in which years are chosen rather at random from our history fol- lowing the War of 1812, portrays to what extent the bur- den of war continued to fasten its tenons upon the citi- zenship of the country: EXPENDITURES OP THE UNITED STATES FOR YEARS FOLLOWING 181 2 l Year War Navy Pensions Interest on Debt Miscellane- ous Total 1816... $16,012,000 $3,908,000 $ 189,000 $7,823,000 $3,264,000 $31,196,000 1819... 6,506,000 3,847,000 2,415,000 5,211,000 3,530,000 21,511,000 1825... 3,659,000 3,049,000 1,308,000 4,366,000 3,472,000 15,856,000 1830... 4,767,000 3,239,000 1,363,000 1,912,000 3,859,000 15,141,000 1835... 5,759,000 3,864,000 1,954,000 57,000 5,935,000 17,537,000 1840... 7,095,000 6,113,000 2,603,000 174,000 8,326,000 24,314,000 1845... 5,746,000 6,297,000 2,400,000 1,040,000 7,450,000 22,954,000 1846... 10,413,000 6,455,000 1,811,000 842,000 7,738,000 27,261,000 1847... 35,840,000 7,900,000 1,744,000 1,119,000 8,315,000 54,920,000 1848... 27,688,000 9,408,000 1,227,000 2,390,000 6,902,000 47,618,000 1849... 14,558,000 9,786,000 1,328,000 3,565,000 14,259,000 43,499,000 1850... 9,687,000 7,904,000 1,866,000 3,792,000 17,706,000 40,948,000 1855... 14,648,000 13,327,000 1,477,000 2,314,000 26,832,000 58,630,000 1856... 16,963,000 14,074,000 1,296,000 1,953,000 34,438,000 68,726,000 1857... 19,159,000 12,651,000 1,310,000 1,593,000 32,919,000 67,634,000 1858... 25,679,000 14,053,000 1,219,000 1,652,000 31,378,000 73,982,000 1859... 23,154,000 14,690,000 1,222,000 2,637,000 27,287,000 68,993,000 1860... 16,472,000 11,514,000 1,100,000 3,114,000 30,968,000 63,201,000 1 The expenditures listed under "War" include some items, such as ap- propriations for rivers and harbors, which are not strictly war costs. This would somewhat lower the percentage of war costs, yet the amount found in these items is usually comparatively small and would not change the ratio to any great extent, THE COST OF WAR 489 The figures in the above table cover a period in our history when war and its fiscal influences are most likely to be forgotten. There has not been a year, however, when its presence has not been felt in the sums which have been contributed to the government. While some fluctuations occur in the expenditures of the War and Navy Departments, the general trend of their expenditure has been upward. The item for pensions has been an ever-present one, as has also the interest charge. A part of the interest charge has arisen from other causes than war and the preparation for war, yet these factors have been so largely responsible for creating public debts that it would not be far wrong to consider the interest charge as a war cost. Borrowing iisually would be found unnec- essary if the army and navy expenditures did not exist. For two or three years in the early ' thirties no interest charge occurred. This table, again, illustrates the visible increase of expenditure during the actual progress of war. The years during the Mexican War show the increases in the costs of the War Department, while the few succeed- ing years reflect its effect on the interest charge. It is interesting to note that, in the year during the period covered by the table, when the proportion of expenditure for pensions and the departments of War and Navy were lowest, it represented about 60 per cent of the total outlay. 242. The Civil War Augmented Our War Burden. It has been seen that, through our years of peaceful develop- ment, the outlay for the instruments of war gradually increased. When the Civil War was precipitated upon the nation, however, the costs leaped to sums which would have been looked upon as impossible a few years before. The expenditures for the war are given in the following table. Pensions, an item of comparatively small impor- tance at this time, are included in the miscellaneous item. 490 OUTLINES OF PUBLIC FINANCE EXPENDITURES DURING THE CIVIL WAR Year 1861... 1862... 1863... 1864... 1865... War Navy Miscellane- ous Interest on Debt Total $ 23,001,000 389,173,000 603,314,000 690,391,000 1,030,690,000 $12,387,000 42,640,000 63,261,000 85,705,000 122,617,000 $27,226,000 24,564,000 27,428,000 35,186,000 64,395,000 $ 842,000 13,190,000 24,729,000 53,685,000 77,395,000 $ 66,650,000 469,569,000 718,733,000 864,968,000 1,295,099,000 No comment is necessary upon these figures. The enormity of the burden as the war proceeded, when com- pared with that borne at the beginning, is evident. Yet the fiscal burden as represented by the expenditures of the Federal government is not the only one to be con- sidered. The increased burdens which were imposed by the minor political divisions must be added. Increased fiscal burdens had to be borne, moreover, because of the effects of currency inflation. The issue of greenbacks furnishes an excellent example of the added sacrifice a state may impose upon its subjects. That the issue of the fiat money actually increased the fiscal burdens is evident when consideration is given to the fact that the govern- ment was a purchaser in the market at the prevailing prices. The rapid advance in prices due to greenback inflation caused an increase in Federal expenditure which has been estimated at from $500,000,000 to $900,000,000. The inflated prices, moreover, imposed a direct burden upon the citizenship. Between 1860 and 1865 prices in- creased something like 115 per cent, while wages were increased less than 50 per cent. Many other incomes were fixed, so that real hardship was felt because of the falling off in purchasing power. Labor disturbances re- sulted, the effects of which upon industry cannot be over- looked. The payment of standing indebtedness in the depreciated currency imposed a burden upon the creditor class which was not insignificant. It need not be said that the burden caused by the loss of life, the derange- ment of industry, and the destruction of goods was also THE COST OF WAR 491 great. While most of these aspects cannot be measured in terms of money, yet the sacrifices which they caused were no less real than if a money measure could be assigned to each. Post-war Costs. The cost of the Civil War has not yet been paid. This is evident to everyone who has heard an "old soldier " speak of his pension, or who has seen or visited a soldiers' home. While the immediate direct costs were enormous, the costs for decades following, in the form of interest and pensions, which can be directly attributed to this war, have not been inconsiderable. The maintenance and enlargement of the army and navy, and the building of fortifications and defenses continued, so that war has not ceased to claim the lion's share of the expenditures of the Federal government. While no proof is needed to convince the student that the costs of a war as long ago as the Civil War are still with us, yet a few figures will illustrate the part that the demands of war have made upon our treasury. It will be unnecessary to enter into such detail as in the preceding period, because it has already been established that the burden of war is a continuous one. Professor Bullock has made some calculations which will serve our purposes as well as any others which might be given. 1 These figures more accurately portray the war costs than those given above, because the river and harbor expenditures have been deducted from the expenditures of the War Department. WAR EXPENDITURES OF THE UNITED STATES Year 1870 1880 1890 1897 1900 1902 Army and Navy Pensions Interest Total for War Total Expenditures Per Cent for War $79,435,000 43,640,000 54,851,000 69,829,000 172,009,000 165,128,000 $28,340,000 56,777,000 106,936,000 141,053,000 140,877,000 138,488,000 $129,235,000 95,757,000 36,099,000 37,791,000 40,160,000 29,108,000 $237,010,000 196,174,000 197,886,000 248,673,000 353,046,000 332,724,000 $293,565,000 264,847,000 297,736,000 365,774,000 487,713,000 471,190,000 80.7 74.0 66.4 68.0 72.4 70.6 1 "The Growth of Federal Expenditures," in Political Science Quarterly, vol xyiii, p, 97, 492 OUTLINES OF PUBLIC FINANCE Per Capita Cost. The total costs, however, are only one aspect of the situation. It is of much concern whether a burden can be divided among many, or whether it must be borne by comparatively few. It might be true that a continually increasing expenditure for war would entail a smaller individual burden if the population were increas- ing more rapidly than the increase in expenditure. The following table will illustrate the relation the per capita expenditures for civil and military affairs have borne to each other at various tunes in our history, as well as the increase in the per capita burden. The table clearly por- trays how exceptionally low the civil expenditures have been in comparison with the others. Even these figures do not show the annual exactions which have been made, because the sums which had to be raised to cancel war in- debtedness, both at home and abroad, have not been included in the figures. PER CAPITA EXPENDITURES OF THE UNITED STATES Year Civil All Purposes Year Civil All Purposes 1800 $0 25 $2 04 1860 $0 98 $2 01 1810 18 17 1870 1 19 6 80 1820 30 90 1880. . . . 1 36 5 28 1830 30 18 1890 1.59 4 75 1840 0.48 .42 1900 1.76 6.39 1350 76 76 1902 1 75 5 96 It is evident from these figures that the business of war and the maintenance of the machinery for war have been the one overwhelming item of expense to the Federal government. This becomes all the more significant, too, when it is remembered that our country has not been considered militaristic to any appreciable extent. The negative burden appears when one stops to consider what might have been done in a positive and constructive way with the funds which have been thus expended. No attempt will be made to show the past burden of war to other countries, although more startling figures would appear, in many cases, than are those for the THE COST OF WAR 493 United States. It would be superfluous, moreover, to compile figures for the United States for the first years of the present century. The results would simply show an increasing proportion of expenditures for army and navy. A great amount of interest will be found, however, in noticing some of the burdens, directly or indirectly attrib- utable to the recent conflict, which have been placed upon the principal nations of the world. 243. The Cost of the Great War Eclipsed Any Previous War Expenditures. A number of insurmountable diffi- culties are at once encountered when an attempt is made to arrive at the costs of a war so recent and of such magni- tude as the Great War. A large number of the war ex- penses continue to exist, and, as indicated in the above discussion, will continue to exist for generations to come. But many of the more immediate costs are not yet paid and should still be considered. Demobilization has not been completed, armies have not ceased to police the con- quered territory, men are still in the hospitals or in voca- tional training all these entail an expense which might be said to arise from the more immediate aftermath of the war, and should in reality be counted as a part of the cost of the war period. The actual expenditure during the war period is greater than should be attributed to war costs, because states would be making expenditures even if the war did not exist. A part of the expenditures, as for food and cloth- ing, and for the shelter of the soldiers, are but substituted for those which would otherwise be made by individuals. To arrive at an approximate war cost, consequently, the amount of the expenditures for civil purposes should be estimated and deducted from the aggregate expenditures. The value of devastated land areas and of destroyed capital can only be estimated, and from this should be deducted the value of permanent additions to capital, such as merchant marine, railroad equipment, and the added stimulus to invention, as in the perfection of the 494 OUTLINES OF PUBLIC FINANCE air craft. The rapid depreciation in the value of the various monetary units must also be considered. Because of all these problems, any figures which have been computed are at best only approximations. Our concern, however, is not to deal with actualities, but to attempt to convey, in some measure, the magnitude of the burden, and the total figures are so great that a few million dollars either way would make little difference. Since the signing of the armistice, November 11, 1918, a number of writers have attempted to calculate the cost of the war. 1 The figures deal most extensively with taxes and borrowings, while in some cases attempts have been made to estimate the burden of the indirect costs, such as loss of life, property, etc. The aggregate figures of the direct money costs are so appalling as to have no real meaning. The estimates which have been made range from a little more than $210,000,000,000 to about $240,- 000,000,000. Because of the incomprehensibleness of these figures some detailed analysis must be undertaken hi order to appreciate their significance. Daily Costs. The effect of the war upon the indebted- ness of the principal belligerents was discussed in the chapter on Public Indebtedness. Reference should be made to this in seeking to estimate the burden which the debts have placed upon present and future generations through the mortgaging of the social income. 2 Some idea of the cost of the war while it was in progress may be gained by a summary of the daily expenditures of the 1 The best treatments on the cost of the war to date (1921) are Direct and Indirect Costs of the Great World War, by E. L. Bogart, published by the Carnegie Endowment for International Peace; "The Cost of the War, and How It Was Met," by Edwin R. A. Seligman, in The American Eco- nomic Review, vol. ix, No. 4; and "Debts, Revenues, and Expenditures, and Note Circulation of the Principal Belligerents," by Louis Ross Gott- lieb, in The Quarterly Journal of Economics, vol. xxxiv, No. 1. The author wishes to acknowledge his indebtedness to these publications for many of the figures herewith presented. Some of the tables are given exactly as presented by these authors, while others are modified to more nearly suit the purpose in hand. 2 See Chapter XVI, p. 409. THE COST OF WAR 495 principal nations. The daily expenditures of the pre-war year have been deducted from the total daily expenditures. The table not only shows the actual expenditures, but shows the growth as the war progressed. The dates given are approximate, and the data are gathered from a table given by Professor Seligman. It is interesting to note that in the beginning the daily expenditures of Germany exceeded those of the other countries. AVERAGE DAILY EXPENDITURES IN MILLIONS OP DOLLARS Date Great Britain France Italy Austria Germany 1914-15 $ 9 46 $ 8 5 $ 4 4 $ 6.4 $13 3 1915-16 18.16 12.2 7.5 8.7 15 9 1916-17 26.69 17.6 10.4 10.4 22 7 1917-18 33.36 32.4 6.5 12.3 31.0 A glance at this table dispels the notion that the nations were financially exhausted.- In every case except Italy there was a continuous and rapid increase in the amount of money which was spent daily. As large as these sums appear, they were eclipsed by the expenditures of the United States after her entry into the war. A more de- tailed analysis of these sums will be of interest to American students. The figures represent the actual war expendi- tures, and are also from a table given by Professor Seligman. WAR EXPENDITURE OP THE UNITED STATES IN MILLIONS 19 17 19 18 19 19 Month Total Average Daily Total Average Daily Total Average Daily January $1,030 $33.2 $1,902 $61.4 February 952 34.0 1,129 40.0 March 1,096 35.9 1,319 42.5 April $ 219 $ 8.0 1,155 38.5 1,369 45.6 May 467 15.0 1,448 46.7 1,052 33.9 June 350 11 7 1,452 48.4 749 24.9 July 602 19.4 1,548 49.9 August 697 22.5 1,745 46.8 September October 686 884 22.9 29.5 1,497 1,605 49.9 51.8 November December 926 1,045 30.9 33.7 1,875 2,001 62.5 64.5 .... 32 496 OUTLINES OF PUBLIC FINANCE The reader will be able to find many interesting com- parisons from this table and the preceding one. The rapid increase in the expenditures and the enormity which they reached is almost startling. The highest daily ex- penditure of Great Britain was about $33,000,000, while that of the United States was nearly double that sum. Another interesting feature is that the greatest expendi- ture came after the armistice was signed, and that it was still large months thereafter. Source of Revenue. The item of interest which next commands attention is what was the source to which the administrators of these various countries could contin- ually turn and always find a supply of funds ready to be used? The two sources upon which greatest reliance was placed were, of course, loans and taxes. In the light of the discussion of these methods as factors in war finance in the preceding chapter, a comparison of the amounts secured from each source by the principal nations will be interesting. The following table presents these facts in tabulated form, and also shows the extent to which each country relied upon taxes. The total receipts and dis- bursements of the United States for the war years, and for preceding years, as well as some ratios, are given hi another table. 1 These tables present a number of interesting aspects. The United States and England, it will be noticed, raised a much larger percentage of their revenue from taxes than did the other countries, in that from 25 to 30 per cent came from taxes. The others were much lower. The fact is clearly demonstrated that, in spite of the great increase in taxes, the majority of the revenues came from loans. Then, too, it is interesting to notice the comparative use that was made of direct and indirect taxes. In the table of revenues and expenditures for the United States, the growing importance of the direct system for securing 1 These two tables are taken, somewhat modified, from Gottlieb. See note, p. 494. tio ax Ra of T eceipts pendit 11 f-& w ax pts "H o CD O t ^ i- ' CO CO rH il i-H OS f>. Tt< OS O "7 -^ 10 Tji r-I C^ C^ i i 1-1 1-1 CJ * CO 1-1 00*-. -co "i ^ "*i : * C5 00 <M - N oc *o -<-( o M 06 o a o M CO *O -H O ?o rf< <N -i co ^^ os oo "^ co o ?o O5 oo ** oo" i-T co~ T^ TJ^ C5 C5 CS X Ci CO M. S *s. CO i-H rH United States Great Britain . France Italy Germ g i I s * 1 i s i s 8 Q 1 5 S O i-H co" CO Q CO CO .s s 'co~ CO -^ GO -^ 1O CO 00 O a - ' rH CO & ' ^ oo" r o co 05 50 oo (N TJI CO _ - CO CO CO - - O^ CO co (N "1< ^ ^88 00 >0 8 d S 3 ; " i'Sa'i rt rt 498 OUTLINES OF PUBLIC FINANCE revenue is illustrated. The change from a less than 10 per cent to over 65 per cent reliance upon this form goes to establish its efficacy. A similar study of the use of direct and indirect taxes hi the other countries will reveal a wide variation in the extent to which each was used. In England the percent- age of direct taxes rose to nearly 75. In Italy slightly more reliance was placed upon direct taxes than before the war, but their use was not extended. France is the exception, for the percentage of the revenue which was raised from direct taxes continued to fall until it reached about 25 per cent, when it began to rise again. In Ger- many the habit of the government had been to rely mainly upon indirect taxes. This policy was followed rather closely until near the end of the war, when some direct taxes were used. In studying the relative merits of these two forms as suitable for emergency financiering, much consideration should be given to the incidence of the tax, so that one class of citizens would not be unduly burdened. 244. The Expansion of Money and Credit Greatly Af- fected the War Cost. During the Great War, owing to the advanced systems of banking found in most countries, the issue of fiat money was used much less extensively than during our Civil War. Much the same results were effected, however, by the rapid expansion of bank notes, and these results were, of course, magnified in the coun- tries where specie payments were stopped. The rapid in-, crease in prices, in the terms of which the governments had to buy goods, made the money expenditures appear much greater, as the war progressed, than was the actual consumption of goods. It has been estimated that the value of goods demanded by the war at the pre-war price level would be about one half of the total monetary out- lay. Since such a large part of the finances came from loans, however, which must be paid from taxes during a presumably lower price level, the demand upon goods will be greater than the figures represent at present. THE COST OF WAR 499 Expansion in Different Countries. A comparison of the amount of notes in circulation in the various nations just before the war and about the middle of 1919 shows the increase to be about twentyfold. With this must be considered, also, the state of industry, in which production fell off so that there were fewer goods to be exchanged for the money. Russia took the lead in the amount of per capita note expansion, which was carried to such a degree as to make the gold reserve practicably negligible. France came second hi the amount of per capita inflation, yet her reserve was maintained to a much better degree than that of either Austria-Hungary or Turkey, where inflation was not so marked. In the total circulation of notes, Russia increased her amount about forty-five times; Germany and Austria-Hungary about eighteen times; Great Brit- ain a little less than ten times; while the increase in the United States, Italy, and France was about four times. The following table will portray at a glance the changes in the note circulation during the war period, for the im- portant countries. In addition to the increase hi note issues, some of the countries made large issues of treasury notes, as in England, for example, which of course in- creased the inflation. NOTE CIRCULATION OF BELLIGERENT COUNTRIES IN MILLIONS OP DOLLARS 1 A. Allied Countries Country BEFORE THE WAR AFTER THEYWAR Date Total Amount Per Capita Date Total Amount Per Capita United States. . Great Britain . . France Italy July 1, '14 July 29, '14 July 30, '14 July 31, '14 Aug. 1, '14 Aug. 1, '14 Mar. 19, '14 July 31, 14 $ 715 223 1,290 518 163 842 186 46 $6.70 4.84 32.49 14.11 2.81 4.62 24.29 9.29 Aug. 1, '19 Aug. 6, '19 Aug. 7, '19 May 20, '19 June 28, '19 Aug. 31, '19 July 24, '19 June 23, '19 $ 3,340 2,331 6,805 2,695 582 38,474 882 257 $55,366 $ 31.32 50.58 171.41 73.40 10.03 211.18 115.17 31.92 $114.88 Japan Russia Belgium . Greece Total $3,983 $8.26 1 This table is taken, somewhat modified, from Gottlieb. See note, p. 494. 500 OUTLINES OF PUBLIC FINANCE B. Central Powers Country BEFORE THE WAR AFTER THE WAR. Date Total Amount Per Capita Date Total Amount Per Capita Germany. , . July 23, '14 July 23, '14 July 1, '14 Sept. '13 $ 528 432 9 36 $7.93 8.25 0.42 6.52 July 7, '19 Aug. 15, '19 April '19 Mar. '19 $10,109 8,400 704 390 $149.07 160.40 33.09 70.68 Aus. -Hungary . Turkey Bulgaria Total $1,015 $6.91 $19,603 $133.38 Grand Tot Ell $4,998 $7.95 $74,969 $119.20 Effects of Price Changes. There is no question but that this greatly inflated currency was one of the principal causes of the rapidly rising prices. In some countries the above table does not show the entire increase in circulating medium. In the United States, for example, the amount of gold com almost doubled between 1913 and 1919. While this did not actively circulate to any extent, yet it formed the basis for extending a much larger volume of credit and, consequently, purchasing power. The burden which resulted from this inflation was re- flected hi the nation-wide and world-wide expression, "the high cost of living. " Various index numbers have been compiled to show the general price changes during the war period, and from the results it appears that wholesale prices in the United States were about 100 per cent higher in 1919 than in 1913. In some of the other countries the increase was much greater. Some classes were benefited by this situation, especially those industries whose ex- penses of production did not rise as rapidly as prices. This was particularly true of extractive industries, and a large number of industrial concerns. It could not help being a benefit to plants producing for the government on the basis of cost plus contracts. The higher the level of prices the greater their expenses, and the larger their percentage of return. These gains from inflated prices were more than offset by the burdens imposed upon other classes. While no THE COST OF WAR 501 accurate index of general wage changes has been compiled, it is well known that wages did not rise as rapidly as prices, and it is to these classes, that must buy at the inflated prices, but with incomes that have not risen proportion- ately, that the high cost of living has its real significance. The situation represents an unjust distribution of the war burdens in fact, it is a tax upon one class of the popula- tion in favor of the class that gains from rising prices. Inflated prices, also, may work a long-run injustice as well. The increased prices have added to the costs, and hence to the amount borrowed by the government. The loans come to a large extent from those who have gained from the increased prices. The levy of taxes in the future to repay the loans will, without doubt, fall with an unjust proportion upon the classes which have been injured by the inflated prices during the war. 245. The Indirect Costs of the War Must Not Be Over- looked. Thus far, in considering the effects of the Great War, attention has been directed almost entirely to the money outlays. While these were difficult to measure, yet some approximation could be reached. In addition to these direct costs, moreover, are many indirect costs, which are no less burdensome to individual citizens and the nation as a whole. Upon some of these costs a rough money estimate can be placed, while many others are of such an intangible nature that little more can be done at arriving at a measure of their burden than to point them out. Loss of Life. One of the first drains upon the resources of the nation which immediately occurs to everyone was the overwhelming destruction of productive energy through the loss of human life. This has always been a wasteful feature of war, but the number of casualties due to the Great War makes all wars of the past appear as mere pygmy occurrences. It is too soon to have accurate figures, but the estimates are near enough to the truth for purposes of comparison. The casualties of the more im- 502 OUTLINES OF PUBLIC FINANCE portant wars of the nineteenth century, together with the length of duration, are as follows : l Loss OP LIFE IN NINETEENTH-CENTURY WARS War Duration Dead Napoleonic, 1790-1815 9,000 da 730 135 40 1,350 210 995 548 238 ys 2,100,000 785,000 3,500 45,000 700,000 184,000 9,800 160,000 462,000 Crimean, 1854-56 Prussian-Danish, 1864 Prussian- Austrian, 1866 American Civil, 1861-65 Franco-Prussian, 1870-71 English-Boer, 1899-1902 Russian- Japanese, 1904-05 Balkan, 1912-13 Total.. 4,449,300 The significance of these figures becomes apparent when comparison is made with the following table. While not all the figures have been taken from official sources, they are approximately correct: CASUALTIES OF THE GREAT WAR, 1914-18 Country Known Dead Seriously Wounded Otherwise Wounded Prisoners or Missing United States 107 284 43000 148,000 4912 Great Britain 807,451 617740 1,441,394 64,907 France 1,427,800 700,000 2,344,000 453,500 Russia 2,762,064 1,000,000 3,950,000 2,500,000 Italy 507,160 500,000 462,196 1,359,000 Belgium 267,000 40000 100,000 10,000 Serbia 707,341 322,000 28,000 100,000 Rumania 339 117 200000 116,000 Greece 15,000 10,000 30,000 45,000 Portugal 4000 5,000 12,000 200 Japan 300 907 3 Total 6,938 519 3 437 740 8,516,497 4,653,522 Germany 1,611,104 1,600,000 2,183,143 772,522 Austria-Hungary 911 000 850 000 2 150000 443,000 Turkey . . . 436,924 107 772 300,000 103,731 Bulgaria 101,224 300,000 852,399 10,825 Total 3 060,252 2 857,772 5,485,542 1,330,078 Grand Total. 9 998,771 6 295 512 14 002 039 5 983,600 1 Taken from Bogart. source. See note, p. 494. The next table is from the same THE COST OF WAR 503 When the final results are known the list of dead will, of course, be much larger. Many who are accounted for above in the wounded and missing columns will have to be reckoned with the dead. Various estimates have been made as to what the number will be that will have to be transferred, but the most conservative would raise the list of dead to nearly 13,000,000 men. The task of placing an economic value upon this loss of life is, of course, diffi- cult. The economic worth of men is different, and varies for different countries. Various authorities have attempted to place an estimate upon the value of human lives, yet these estimates have ranged anywhere from $1,000 to more than $6,000. In his estimation of the value of lives lost, Professor Bogart chose estimates which varied for the different countries, and assumed that one half the wounded would be incapacitated. On the basis of this calculation the value of human life given up in the war was more than $33,551,000,000. While this is necessarily more or less arbitrary, that it at least errs on the side of conservatism, if at all, is seen when the value of the men lost is arrived at by using the average worth of an individ- ual as estimated by the various authorities. By this cal- culation the total loss amounts to more than $45,000,- 000,000. Other Indirect Costs. No attempt will be made to go into detail in describing the numerous other indirect costs. Many of them have been known and felt by every reader. One which will have to be reckoned with for years to come will be the effects of disease whose start can be traced to the camps or trenches. While the medical staff was no doubt more efficient, and greater precautionary measures were taken than in any previous conflicts, yet the burden of disease will not be inconsiderable. The hardships borne by the civil population, moreover, has decreased their stamina and vitality so that they are a more ready prey to disease, and a marked increase in the death rate has already been noted. The psychic, and often the physical 504 OUTLINES OF PUBLIC FINANCE burden endured by the families of the men in the service, and which are still being endured where the men did not return, is of course incapable of measurement. Such phases of war must be accepted and silently borne without counting the cost. One or two other phases, however, present features of a nature more concrete. An estimate can be placed upon the value of goods destroyed, and everyone can think of services that the states might have rendered with the funds which were used up in the war. Then there was a loss sustained by neutral countries, the loss from dis- turbed production in all countries, and the loss from the continued upheaval in the industrial and political world. To the costs which have been enumerated should be added, also, the vast amount spent by civilian organiza- tions in the various phases of war work. The activities of such organizations as the Young Men's Christian Asso- ciation, the Red Cross, the Salvation Army, and the Knights of Columbus, as well as the many societies for various phases of war relief, are well known. In concluding this survey of the cost of war, nothing more significant can be done than to give Professor Bogart's summary of his carefully estimated direct and indirect costs of the Great War, followed by his conclusion. DIRECT AND INDIRECT COSTS OF THE GREAT WAR Total direct costs, net $186,333,637,097 Indirect costs: Soldiers $ 33,551,276,280 Civilians 33,551,276,280 Property costs: On land 29,960,000,000 Shipping and cargo 6,800,000,000 Loss of production 45,000,000,000 War relief 1,000,000,000 Loss to neutrals 1,750,000,000 $151,612,542,560 Total indirect costs $151,612,542,560 Grand Total $337,946,179,657 THE COST OF WAR 505 The figures presented in this summary are both incomprehensible and appalling, yet even these do not take into account the effect of the war on life, human vitality, economic well-being, ethics, morality, or other phases of human relationships and activities which have been disorganized and injured. It is evident from the present disturbances in Europe that the real costs of the war cannot be measured by the direct money outlays of the belligerents during the five years of its duration, but that the very breakdown of modern economic society might be the price exacted. 1 1 Bogart, p. 299. See note, p. 494. CHAPTER XXI CONCLUSION 246. The Fiscal Burden Will Continue to Be Large. In the preceding chapters an attempt has been made to give an outline of the growth of public expenditures, of the development of revenue systems to meet this growth, and of some of the problems which have been encountered because of this rapid growth in the amount of expendi- tures and revenues. The public has become accustomed to large expenditures our first billion-dollar Congress a few years ago caused considerable comment, yet no one expects that a single Congress will again spend so little. The expenditures of the Federal government, at that time, were little noticed because of the reliance upon indirect taxes customs duties and internal revenues for practi- cally the entire amount of its income. While these taxes are no less burdensome than direct taxes, yet the burdens are not known, and consequently cause less objection from those who pay them. Indirect taxes, therefore, are of advantage to the state, in that large sums may be raised with practically no complaint from its citizenship. They are objectionable, however, in that their incidence cannot be accurately determined; hence it is difficult to use them extensively in a system of taxes which is expected to con- form to the principles of justice. Change in Public Activity. As civilization and states develop, two tendencies appear states take on a greater number and variety of functions, and direct taxes occupy a place of greater fiscal importance in the revenue system. These have been amply illustrated in the United States. CONCLUSION 507 The functions of government have been gradually ex- tended, previous privately conducted industries have been taken over by the various political units, and the services often given free or at a small fraction of the actual cost. The most extensive illustration of this changed condi- tion is found in education and in highways. The patrons of the districts no longer build schoolhouses and hire teachers, nor are the users of the highways longer incon- venienced by tollgates. Such services are now freely given, but entail, necessarily, a situation which calls for additional revenue. Another situation which has devel- oped in the United States is the disappearance of the dif- ferentiation between the functions of various states and those of the Federal government. The Federal govern- ment can now aid in the construction of highways, in the advancement of education, in the eradication of disease and destructive insects, without the fear of being criti- cized for interfering with the rights of the states. The states more and more take the attitude that they will accept the residual functions that is, let the Federal government do what it will and they will do what is left. This gradual extension of the activities of the Federal government to services of such a tangible nature that the citizens can appreciate and measure some of the benefits, has made it possible to enlarge the use of direct taxes. The constitutional provisions placed extensive limitations upon the use of this form of revenue, but amendments and court interpretations have practically destroyed the former prohibitory restrictions. The removal of the re- strictions was sanctioned because of the services of a tangible nature that the Federal government was ren- dering. Present Public Burdens. The present burdens inflicted by the Federal government are so familiar as to need little comment. In 1900 the per capita expenditure was about five dollars; in 1915 about eight dollars; while in 1920 it 508 OUTLINES OF PUBLIC FINANCE was about thirty-five dollars. This, of course, is abnormal, but it cannot be expected that the burdens will ever re- turn to the pre-war basis. The war has added burdens which will continue to be felt for decades to come. The interest and sinking fund charges are now larger than the total expenditures before the war, and will continue to be felt. These, with the constant expansion of functions, will continue to keep the exactions of the Federal govern- ment from its citizens at a high figure. Increased expenditures are found also in the states and local political units. Each of these conditions is an illus- tration that a government is an institution of increasing cost. Even though no more functions be undertaken, the per capita cost increases as the population grows. But states and cities also, due to the demands of their inhabitants, are increasing the services which they render. Figures were given to show this increase, and there is no indication but that it will continue. There is, Jhowever, a difference between an increased tax and an increased burden a situation which has been especially applicable in the last few years. When com- modity prices rise for individuals, they rise, pan passu, for the state. This means that the state may supply exactly the same services, but at a greater cost, which will be reflected in the higher taxes. From the standpoint of the taxpayer it will mean that he is paying in a cur- rency of less purchasing power, and hence the burden will be no greater than when the taxes were less. While taxes have increased in all states and cities, in most cases the increase has not been in proportion to the general rise in prices. 247. Different Political Units Will Use the Same Bases for Taxes. The Constitution of the United States is rather insistent upon a separation of sources of revenue for the Federal government and for the states. Thus customs duties were reserved entirely for the use of the central authorities, while close restrictions were placed CONCLUSION 509 upon the use of direct taxes. Excise taxes were allowed and have been used extensively since the Civil War. The states are not forbidden to use this source of revenue, but they have left it to the almost exclusive use of the Federal government for so long that the presumption has been against their entering this field. Direct taxation of property was looked upon as the primary legitimate source of revenue for the states and local political units, and for many years the systems remained almost true to form. Overlapping of Sources. The changed economic and in- dustrial conditions and the enlargement of the functions of the government called for changes which have taken place very rapidly in the last few years. These have taken two opposite directions one toward an overlap- ping of sources of revenue, and the other toward a separa- tion of these sources. The first can be noticed in the case of the Federal government. It has not been content to secure funds to meet its increased needs by an extended use of customs and excise taxes, but has continued to reach out to other fields. This has taken place until the net income and profits of corporations, inheritances, and the income of individuals are called upon to help supply the bases for the funds. The state authorities have looked upon this expansion with no little concern, and have frequently voiced strong objections. Some of the sources, as profits and inheri- tances, were tapped to supply the extraordinary demands of war, and may be given up quickly, yet no one expects but that income taxes will be a permanent feature of Fed- eral fiscal machinery. Even before the Federal govern- ment began its expansion of sources, the states had ceased to place entire reliance on property taxes. The other sources of importance which have been adopted are taxes upon corporations, inheritances, and various classes of licenses. Incomes are taxed in some states, and it is likely that this source will become more popular as a method of 510 OUTLINES OF PUBLIC FINANCE state levy. Thus there has developed an overlapping of the sources of Federal and state revenues which is likely to continue. Separation of Sources. There has been much agitation, on the other hand, for a separation of the sources of rev- enue for states and localities. It has been suggested that the property taxes should be left to the localities, while the state seek its revenue from such sources as corpora- tions, inheritances, licenses, and incomes. Some progress has been made in this direction, but in most states, while the local governments rely upon property as the chief source of revenue, the state governments have not en- tirely removed property taxes from their category of rev- enues. Recently, moreover, local political units have shown a tendency to expand their source of revenue to include a number of licenses, many of them upon the same objects which have been the basis of license taxes imposed by the states. The licenses which are levied against automobiles and against various occupations by both states and municipalities are good examples of this tendency. Duplication of taxes upon the same base by the different political units, even though it may involve a form of double taxation and make the shifting of taxes more difficult to trace, appears to be gaining a stronger foothold in our fiscal system, and will doubtless be a per- manent feature. 248. The Social Point of View Has Gained in Promi- nence. Tax systems may and must be looked at from many angles from the revenue standpoint, the ease of administration, the effect upon the individual or industry upon which the burden is placed, and from the social con- sequences. In the formation of fiscal systems some one of these phases generally has an outstanding influence. In a system of indirect taxes, for example, much impor- tance is attached to the consideration of revenue and the administrative problems. Frequently a consideration of the individual has been the center of thought each indi- CONCLUSION 511 vidual should bear tax burdens in accordance with his ability. And through the attempt to apply this idea of ability, the studies of shifting and incidence, of proper ad- ministrative machinery, and of the effects of borrowing, have resolved themselves into studies of the individual and his burdens. Faculty and Utilitarian Principles. In recent years the idea of faculty has begun to take on a more expansive aspect, and social considerations are beginning to have a place. The fact is being recognized that privileges granted by the state are factors which contribute to the ability to meet burdens, and these are being included in the basis for taxes. This takes a variety of forms, but two of the best examples occur hi the taxation of the privilege of inheritance and in the privilege of corporate organization. This same tendency is also seen hi the wide extension of the use of the license system, and hi the use of taxes for sumptuary and regulatory purposes. While taxes may not be the best method of handling undesirable practices, yet their use for this purpose shows that social aspects have received consideration. More consideration is also being given to the general social effects of taxes, or what was designated in an earlier chapter as the utilitarian principle. It is recognized, for example, that two industries may have exactly the same ability to meet burdens, yet the curtailment of one by a tax, or the increase hi the price of its products through a process of shifting, would work a much greater hardship upon society than would a similar tax placed upon the other industry. Consequently, in the formulation of fiscal principles, more attention is being directed to the ultimate effects and burdens, and a greater effort is being made to secure the greatest good to the greatest number. 249. The Employment of Fiscal Experts Is Encouraging. The formulation of fiscal legislation, not many years ago, was characterized by the selfishness and caprice of politicians. The men who secured berths on committees, 512 OUTLINES OF PUBLIC FINANCE empowered with the business of shaping fiscal legislation, were generally qualified as politicians rather than in the fundamental principles and facts of Public Finance. In the administration of fiscal laws the system was no better. The force of the spoils system placed the valuable politi- cian in office rather than an efficient administrator, and haphazard, inefficient, and wasteful methods were the re- sult. Too frequently the elected official, as the local as- sessor, was dependent upon his constituency for con- tinuance in office, and the result was favoritism at the price of justice and efficiency. In Federal Government. To some extent this situation is still true, but, as a general proposition, it is rapidly changing. A few years ago members of Congress, to a great extent, were all-wise beings, and felt the need of no expert advice. The present situation of having, perhaps, our greatest authority on fiscal matters as chairman of an advisory tax board for the United States Internal Revenue Department, would have been looked upon, a decade or two ago, as a somewhat superfluous arrange- ment. Yet, that the situation exists, indicates that pub- lic officials have come to recognize the need of expert ad- vice. The establishment of a tariff commission points in the same direction. In State Governments. The use of trained experts has made greater progress in the fiscal program of states and localities than in that of the national government. The pressure for revenues and the limitation of sources de- manded that something be done. First, honesty of officials was demanded, but it was soon found that this was not enough. Cities began to see that, just as private business grew through strong centralization, so efficient and re- sponsible administration demanded a central and qualified corps of officials. The adoption of the commission or the city manager plan of government has been the result. In addition, there have been added, in many municipalities, expert accountants, bureaus of public efficiency, and CONCLUSION 513 similar officials, each prepared for his particular duty, all for the sake of securing a more efficient administration of the public revenues and expenditures. The Tax Commission. The states, likewise, have shown the inclination to get away from politics in fiscal affairs, and to center more or less responsibility in some body of men, usually called the State Tax Commission, chosen on the basis of their expert knowledge of fiscal affairs. The powers of the boards vary all the way from the mere act of advice to the centralizing of the entire fiscal system of the state in their hands. The tenure of office is usually made long enough, and the salary high enough, to attract men who, because of training and experience, are qualified to handle wisely and efficiently the problems which are placed before them. In addition to the regular commissions, the special tax commission has been an institution of frequent occurrence in recent years. To this body of experts, of which these commissions are composed, is assigned some special prob- lem for investigation and solution. The difficulty still remains, however, to a somewhat marked degree, that legislatures are not willing to accept the advice of these standing and special commissions, and to put into effect the fiscal policies which they formulate. 250. The Study of Fiscal Subjects Is Increasing. That a .greater interest is being taken in the expenditures and revenues of the various political units is evidenced by the increased study of these problems which is being carried on, both by those directly connected with the formation and administration of tax laws, and by those who act in no official capacity. It is a hopeful sign that a systematic study of fiscal problems is rapidly finding a place in the curriculums of our colleges and universities. The old idea that an education consists almost entirely in gaining a knowledge of the so-called " cultural" subjects is passing, and the notion is gaining prevalence that higher educa- tional institutions should impart more knowledge having 514 OUTLINES OF PUBLIC FINANCE immediate application to the world in which the student lives. The emphasis, consequently, is no longer being placed so exclusively on Lathi, Greek, and Mythology, but the facts of modern society are given more attention. In practically all the large universities, and in many of the smaller institutions, therefore, courses are found which deal specifically with fiscal problems. Such a develop- ment of study is hopeful, for it should place in each com- munity a group of leaders who should be vitally interested in the expenditures and revenues of then* district, as well as those of the state and nation. These leaders, who have learned to think sanely and clearly on the principles, will be able to peer beneath the surface and separate the true evidence from the false, and will be deeply enough grounded that they should not be easily swayed by partisan politics or party slogans, when the issue is essentially one of economic interests. It has been a source of much gratification to the author to note the interest his students have displayed in working up reports on the expenditures and revenues of their home communities. That this interest has not been merely a passing one is evidenced by the letters which are received from former students, in which attention is called to dif- ferent fiscal situations which have come under their ob- servation, and that they are now able to see the facts hi the case. Outside the colleges and universities the same tendency to study fiscal problems is making itself manifest. Or- ganizations, both national and state, have been established for this purpose, and are doing a good work. Authorities in various fields work out their respective problems and usually assemble at least once a year to discuss the fiscal situation and to interchange ideas. The National Tax Association is the best illustration of this form of organiza- tion on a national basis. The annual state conferences on taxation in New York are largely for the purpose of studying the fiscal problems of that state. Conferences of CONCLUSION 515 various classes of officials are also frequently held for the purpose of studying problems peculiar to their duties. Conferences of local assessors, for example, frequently oc- cur to discuss the problem of the discovery and valuation of property. The study which has been done, and that which is being carried on at present, will facilitate the future investiga- tion of fiscal problems. There is gradually being collected a quantity of valuable literature, both in this country and hi other countries, which is common property to all pres- ent and future students. The reports which have been published by the various special and permanent commis- sions are supplemented by published proceedings of the numerous conferences which are held every year. 251. A More Enlightened Public Is Needed. One of the outstanding needs hi the further perfection of fiscal systems, and one which can only come with the gradual dissemination of knowledge as to the nature of expendi- tures and revenues, is an enlightened public. The nature of public expenditure is too often overlooked, or not under- stood. Individuals and communities frequently assume the attitude that it makes little difference whether any return is rendered for receipts from public treasuries. The Congressman who succeeds in getting a massive gov- ernment building for his home village has been a benefac- tor. The discharged soldier points with pride to the equipment he managed to purloin from the government. These illustrations but represent an aspect as it appears at first sight. Governments generally depend upon their citizens for their funds, since they have no magic source of supply. A government expenditure, then, is a removal of funds from one pocket for the purpose of putting them into the other, with some deductions for the expense of handling. If the amount is not taken from the pockets of the particular individuals who receive the benefits, it must be taken from those of their neighbors, so there is no gain to society. When individuals realize that it is 516 OUTLINES OF PUBLIC FINANCE their demands upon the government that cause the in- crease in tax burdens, they will be more concerned about the demands which are made. It naturally follows that the citizenship of a state should have some adequate knowledge of what constitutes proper expenditures. Obviously this will depend upon the con- ception which may be held as to the proper functions of the state. An anarchist and a socialist, for example, would have difficulty in coming to an agreement on the proper lines of activity upon which a state may properly enter. Yet, in order that the citizenship may have some notion as to whether they are receiving a value commen- surate with the tax burden, they should have hi mind some measure of the proper activities for state initiative. In general, the citizen should feel that a greater value is being given when the funds are being expended through his public representatives than if they had been left to be expended by himself. A study of public expenditures, with this in mind, will lead to a closer scrutiny of the acts of public officials, and will hold them to a more strict ac- countability for the way hi which public funds are spent. The citizen, moreover, should become so enlightened that he will demand the efficient management of public funds. It has frequently been said that if the business principles which are used hi conducting the various politi- cal units were applied to a private enterprise, it would soon be forced to bankruptcy. Too many candidates who run on efficiency platforms leave the platforms behind when they assume the duties of office. The citizens have a right to demand, and in the interest of reducing the public burden and in securing value received for their taxes, should demand, as exacting business principles in the conduct of the state as in the conduct of private business enterprise. With an increased study of fiscal problems by the officials who must administer them, and by students who are to become the leaders in civic life, through whom knowledge will be disseminated to the public as a whole, CONCLUSION 517 problems of expenditure and revenue may be expected to be handled much more efficiently in the future than they have been in the past. 252. Tax Laws Need Simplification. It has been the in- tention in the preceding pages to mention and discuss only some of the more important considerations that con- front fiscal students and officials. Many others have doubtless occurred to the reader. Each locality, of course, has its own peculiar problems and difficulties, which could not be specifically treated. It is hoped, however, that a study of the previous pages will prove an aid in the better understanding and solution of the problems which have not been specifically treated. One objective that is worthy of the efforts of every official and taxpayer who desires a simpler fiscal system, is to eliminate the complexity that is now found in many of our tax laws. Of the complexity existing at present examples need be cited only of the Federal income tax law, the excess profits tax law, and many of the state laws, such as the New York system for taxing corpora- tions. Individuals and corporations desire to have some reasonable idea as to how much tax they will have to pay without the necessity of employing an attorney to aid in making the calculations. The difficulties do not even stop here, for the courts are crowded with tax-adjustment proceedings, many of which are of years' standing. This element of uncertainty is disconcerting both to the tax- payer and to the officials who must calculate the amount of revenue which will be received. The state tax commis- sions of some states have done much to secure a simplifica- tion of fiscal statutes, but much remains to be done in both the Federal and state laws. 253. Attempts Have Been Made to Outline a Model System of Taxation. The difficulties which have been considered in the foregoing pages have weighed heavily upon the minds of fiscal students and officials who have been interested in a greater degree of justice and simpli- 518 OUTLINES OF PUBLIC FINANCE fication in the tax system as a whole. Attempts have been made to formulate schemes which have been called " model tax systems.' ' If only one political unit were to be considered, this could be done with comparative ease. Where there are as many competing jurisdictions as are to be found in the United States, however, the difficulties which are encountered by one who attempts to formulate a tax system which embodies the principles of justice, simplicity, and adequacy can be readily imagined. After much consideration and deliberation, a committee which worked under the auspices of the National Tax Associa- tion formulated a plan which embodies these principles in a high degree. The model tax system, as given by this committee, is worthy of the study of those who may have occasion to be interested in tax reform. The report em- bodies the following principles: l (1) Every person having taxable ability should pay some sort of direct personal tax to the government under which he is domiciled, and from which he receives the personal benefits that government confers. (2) Tangible property, by whomsoever owned, should be taxed by the jurisdiction in which it is located, because it there receives protec- tion and other governmental benefits and services. (3) Business carried on for profit in any locality should be taxed for the benefits it receives. If the owners of the business are residents of the state, this principle need not be appealed to, since the ordinary methods of taxation may be considered to provide for such a case. (4) A personal income tax is the best method of enforcing the per- sonal obligation of the citizen for the support of the government under which he lives. This tax may be levied only upon persons, and in the states where they are domiciled. (5) There should be a tax upon tangible property, levied exclusively at the place where such property is located. Intangible property of all descriptions should be exempt from taxes. (6) A properly constituted business tax should be a part of the system. (7) Much improvement must be accomplished in fiscal administration. 1 Proceedings of the Twelfth Conference of the National Tax Associa- tion, pp. 426-470. INDEX Ability to pay, theory of taxes, 108; applied to inheritance taxes, 317. Abominations, tariff of, 193. Accounting, by state tax commis- sion, 275; municipal, 440; com- mittee on uniform municipal, 440; in New York City, 441. Activity, public, change in, 506. Adams, H. C., fiscal writer, 14. Adams, T. S., 167 n. Administration of public funds, im- portance of underestimated, 414; reasons for increased interest in, 414; should harmonize with other institutions, 415; expenditures carefully scrutinized, 417; sys- tematic in England, 421; in other countries, 423; unsystematic in the United States, 426; outlook encouraging, 443. Administration of revenues, early study, 10; importance of, 20. Administrative expenditures, 57. Administrative machinery, for cus- toms duties, 187; for excise duties, 213. Ad valorem, defined, 99; difficulties with, 186; applied to corpora- tions, 351. Agricultural Appropriations, com- mittee on established, 427. Aid, early revenue, 95. Alaska, part of public domain, 79. Amendment, income tax, 299; to constitution of Oregon, 380. American Federation of Labor, on sales tax, 474. American writers, 14, 15. Annual franchise tax of New York, 341 , Apportioned taxes, 115; results of, 236. Apportionment of revenue, under single tax, 374. Appropriation bill, course of, 430. Armies, cost of maintaining, 53; functions of, 55. Arthur, President, appoints tariff commission, 196. Articles of Confederation, fiscal pro- visions of, 150. Assessment, defined, 100; equaliza- tion of, 273; control of, 274; of corporations, 276. Assessment day, 239. Assessor, the, 238; and oath, 261; in New York City, 274. Assessors' reports, on property tax, 253. Assistant Comptroller-general, of- fice created, 435. Auditing, by state tax commission, 275. Augustus, Emperor, use of inherit- ance tax, 310. Australia, income tax in, 296; in- heritance tax in, 333; financing Great War in, 479. Austria, income tax in, 296; in- heritance tax in, 333; financing Great War in, 481; daily expen- diture for Great War in, 495; expansion of note circulation in, 499. Authority, lack of centralized, 431. Automobiles, licensing of, 228. B Back tax argument for inheritance tax, 317. Ballantine, Arthur A., on sales tax, 474. 520 OUTLINES OF PUBLIC FINANCE Bancroft, Blakemore and, on in- heritance taxes, 318. Bankers Trust Company, statistics of indebtedness, 412. Banks, taxation of, 356; use of in war finance, 470, 475, 478. Base, defined, 99. Bastable, writer, 14. Bede, early revenue, 95; early use in Prussia, 146. Belgium, increase in expenditure, 29; inheritance tax in, 333. Benefit, expenditures classified ac- cording to, 49. Benefit theory, 106; difl&culties, 107; attitude of courts, 108; applied to inheritance tax, 315. Benevolence, early revenue, 95; special fund, 140. Bentham, on inheritance tax, 311. Blakemore and Bancroft, on in- heritance taxes, 318. Bodin, early writer, 11, 12; on pub- lic funds, 23; classification of revenues, 76. Bogart, E. L., on cost of war 494, 503, 504. Bonds, capitalization of tax on, 168; concentration of in hands of few, 395; problems connected with floating, 402 ; freedom from taxes, 402; size of, 403; disposal of, 403; use of serial in cities, 442; issued by the United States dur- ing Great War, 469. Book of estimates, transmitted to Congress, 429. Borrowing, limitation of, 267; pro- duces revenue quickly, 449; causes expansion of credit, 450; does not shift burden to future, 452; burden may be shifted to other classes, 454; has legitimate place in emergency financiering, 458; used in War of 1812, 462; used in Civil War, 463; of the United States in Great War, 469. Bounties, 68; compared with tariff, 69; under McKinley tariff, 196. Brushaber vs. Union Pacific Rail- road, 301 n. Budget, meaning of, 420; forma- tion and passage of in England, 421; in Germany, 423; in France, 424; in Canada, 425; in United States unsystematic, 426; much agitation for reform, 432; recent legislation, 433; in American states, 435; in municipalities, 441. Buildings, early tax on in Prussia, 146; shifting of tax on, 166; separate value on land and, 373. Bullock, C. J., 30 n; on war costs, 491. Burden, fiscal, will continue to be large, 506; present public, 507. Burdenless taxes, conclusion re- garding, 169. Bureau of internal revenue, 213. "Business as usual," not possible during war, 448. Business taxes, 224; in France, 224; in Prussia, 225; in America, 226; objections and advantages, 227. California, inheritance tax in, 332; tax commission favors gross earn- ings tax, 346; single tax campaign in, 381. Canada, reciprocity treaty with, 182; income tax in, 296; inherit- ance tax in, 333; single tax in, 383; budget in, 425; financing of Great War in, 479. Canons of Taxation, 101. Capital, and income, 280; stock and ability, 249; burden of in- heritance tax on, 319; tax on of corporations, 340; state competi- tor for, 393. Capitalization theory, criticized, 167; correction of injustice caused by, 168. Capitation taxes, 202 n; in Ameri- can states, 222; objections to, 223, INDEX 521 Carafa, classification of expendi- tures, 23. Carnegie, Andrew, on inheritance tax, 312. Census bureau, classification of ex- penditures, 47; classification of revenues, 90. Centralization of fiscal authority, advantages of, 274. Characteristics of fiscal systems, 15. Charity, expenditures for by public, 66; by individuals, 67; relief through insurance and pensions, 67. Chase, Secretary, and excises, 217; and Civil War finance, 463. Circulation, expansion of note dur- ing Great War, 499. Cities, expenditures of, 33, 34, 52; for protection, 55; for education, 61; and forced loans, 400; in- debtedness of, 407, 409, 442; ad- ministration of finances, 439. Citizenship, as base for tax levy, 246. City equalization boards, 259. Civil War, direct tax of, 152; tariffs of, 195; income tax of, 297; method of financing, 463; cost of, 489; war costs following, 491. Classification of property, 235; court interpretation of, 263; status of, 264; principle of, 264; results of, 265; in Pennsylvania, 266; in Connecticut, 266. Clay, Henry, and tariff, 194. Coercive services, 74. Cohn, writer, 12; classification of expenditures, 49. Collateral inheritance, 314 n. Collection of revenue, expenditures for, 60. Colorado, and property classifica- tion, 264; single tax in, 381. Commissioner of internal revenue, and excise tax, 213, 214; and in- come tax, 305. Common benefit, miscellaneous ex- penditures for, 65; increase in imoprtance, 72. Commutation, meaning, 107. Compensating tariff, 182. Compensatory theory of taxes, 117. Compromise tariff, 193. Comptroller-general, office created, 435. Connecticut, classification of prop- erty in, 266; report of special tax commission on corporations, 347, 350. Conscience fund, 136. Constant cost, shifting of tax on goods produced under, 174. Constitution, Federal, fiscal provis- ions of, 150; limitation upon states, 153; amended for income tax, 299. Constitutionalism, growth of, 16. Consular service, expenditure for, 60. Consumption taxes, early in Prus- sia, 147. Contract loans, 400. Control over income and expendi- ture, 16. Conversion of debt, 404. Corporate excess, taxation of, 343. Corporations, assessment by tax commission, 276; hostile attitude of public to, 335; failure of exist- ing taxes against, 336. Corporation taxes, found in states, 155; reasons for special, 335; take form of franchise taxes, 338; taxation of franchise to be, 339; upon capital, 340; on public util- ities, 343; advantages and diffi- culties with on gross earnings, 345; on net earnings unsatisfac- tory, 348; upon value, 350; re- form in local, 353; not needed for regulation, 354; on foreign corporations, 359; by Federal government, 360; upon transfer of shares, 361 ; of Great War, 468; shifting and incidence of, 474. Corrective institutions, 68. Costs of war, presents variety of as- pects, 484; in early history of the 522 OUTLINES OF PUBLIC FINANCE United States, 486; augmented by Civil War, 489; following Civil War, 491; other eclipsed by cost of Great War, 493; influ- enced by expansion of money and credit during Great War, 498; indirect must not be overlooked, 601; in loss of life, 501; other indirect, 503. (See Great War.) Counties, expenditures of, 51. County equalization board, 260. Court decisions, influence on fiscal development, 256; on Civil War income tax, 297; on income tax of 1894, 299; on income tax of 1913, 300. Credit, expansion of from borrow- ing, 450; expansion of and cost of Great War, 498. (See Public Credit.) Credit instruments, taxation of, 250. "Customary duties," 140. Customs duties, denned, 99, 177; in England, 141; reasons for, 177, 178; incidence of, 183; borne by importer, 184; problems with levy, 185; administrative ma- chinery, 187; importance of definite principles, 187. Dallas, Secretary, and emergency borrowing, 462. Dane-geld, 139. Daniels, W. M., writer, 15; on char- acteristics of fiscal systems, 15. Death duties, in England, 141. Debts, creation of fictitious, 248; tax on secured in New York, 266. Declaration, personal, of income, 287. Decreasing cost, shifting of tax on goods produced under, 174. Decrement, unearned, 370. Deductions, for inheritance tax, 322. Defectives, care of, 67; expendi- tures for insane, 68. Degressive taxes, n-with in- comes, 285. Demand, relation to shifting, 160; effect of elastic on shifting, 175; elastic and customs duties, 183. Democratic party, and tariff, 196. Dewey, D. R., statistics from, 487. Diffusion of wealth, argument for inheritance tax, 314. Diminishing utility, law of, applied to incomes, 284. Dingley tariff, 197. Diplomatic service, expenditure for, 60. Direct consumption tax, 203. Direct inheritance, 314 n. Direction of shifting, 175. Direct tax, 105; early in Franco, 143; of War of 1812, 152; of Civil War, 152; modern in France, 144; in Federal Consti- tution, 151, 152. Dispensary system, in South Caro- lina, 221. Diversification of industry, under protective duty, 180. Domicile, as base fbT~ta"x ievy, 246; as base for inheritance tax, 326. Donum, early revenue, 95. Double taxation, 245; evils of, 245. Dual taxation, 245. Duty, early revenue, 95. E Earnings, relation between a tax on value and, 352. (See Gross Earn- ings and Net Earnings.) Economic effects of public borrow- ing, 393. Economy and Efficiency, commit- tee on, 432. Edmonton, single tax in, 384. Education, cause of expenditure, 37, 61; expenditure of individuals for, 63. Eheberg, on public and private ex- penditures, 25. Elastic demand, effect on shifting, 175. Elastic supply, effect on shifting, 175. INDEX 523 Elizabeth, Queen, grants monopo- lies, 220. Emergency, war best example of financing an, 445; problem to secure materials, 446; borrowing has advantages, 448; use of taxes in, 454; borrowing has legitimate place, 458; administrative ma- chinery important, 458; com- bination of loans and taxes forms best policy, 460. Emergency tariff bill, 198. Eminent domain, 74, 136. England, increase in expenditures, 29; fees in, 125; early taxes in, 139; tariff in, 178, 199; excise tax in, 219; gave up property tax, 255; income tax in, 289; in- heritance tax in, 333; early bor- rowing in, 388; formation and passage of budget, 421; classes of expenditures and revenues, 422; method of financing Great War, 475. English writers, 12 ff. Equalization boards, 259. Equalization of assessments, 273. Escheat, 136; extension of, 313. Esprit des lois, 11. Essays in Taxation, 15. Ethics and Public Finance, 7. Europe, single tax in, 385. Evasion, distinguished from shift- ing, 157; under income tax, 287; under inheritance tax, 319, 324. Everett, and single tax 381. Excess profits tax, of 1917, 465; difficulties with, 468; law exam- ple of complexity, 517. Excise duties, defined, 99; taxes upon consumption, 203; shifting and incidence of, 204; modern form of, 204; problems connected with use of, 205; classes of goods taxed, 206; industrial and social effects, 207; to counteract pro- tective tariff, 208; as sumptuary tax, 209; methods of levy, 210; objects taxed, 211; importance in fiscal systems, 211; adminis- trative machinery, 213; local machinery, 214; early use in United States, 215; since Civil War, 217; in foreign countries, 218. Executive budget, in states, 436. Exemption, of property from taxes, agitation f or u 242,; classes of, 243 ; of government activities, 244; from income tax, 284; from in- heritance tax, 322. Expenditures, of Federal govern- ment, 31; of states, 32, 51, 52; of cities, 32, 34; of incorporated places, 33, 51; unjustifiable, 41; and national income, 44; during peace, 488, 491. (See Public Ex- penditure.) Expense of service, argument for inheritance tax, 315. Experiment station, expenditure for, 63. Experts, fiscal, employment of, 511; in Federal government, 512; in state governments, 512; tax com- mission example of, 513. Export duties, restriction upon, 152; in modern fiscal systems, 178. Extension of escheat, 313. Faculty theory, 108; problems in measuring ability, 109 ff; not always followed, 118. Fairhope, single tax colony, 383. Famine, example of emergency, 445. Federal government, expenditures of, 31; for protection, 52; ad- ministrative expenditures, 57; legislative expenditures, 58; for consular and diplomatic services, 61; taxes corporations, 360; taxes transfer of shares, 362. (See United States.) Fee, defined, 121; examples of, 121; semi compulsory, 122; character- istics of, 123; and police power, 125; in England, 125; in France, 524 OUTLINES OF PUBLIC FINANCE 126; in United States, 126; as salary, 127; social and political aspects, 128; and special assess- ment, 130. Fels fund, for single tax propa- ganda, 378. Fels, Joseph, originator of Fels fund, 378. Feudalism, expenditures under, 24. Field of government activity, 15. "Fifteenths," form of revenue, 140. Finance, meaning, 2; administra- tion of municipal, 439. Financial and fiscal, 3. Finanzwissenschaft, 12. Fines, 137. Fiscal and financial, 3. Fiscal aspects of early tariff, 188. Fiscal subjects, study of increasing, 513; by National Tax Associa- tion, 514; in New York, 514. Fiscal systems, characteristics of, 15. Fiscal tendencies, 155. Floating debt, 399. Florence, early studies in, 10. Florida, part of public domain, 79. Forces loans, 400. Fordney emergency tariff, 198. Foreign corporations, taxation of, 359. Forests, public retention of, 52; in- direct effects of, 82. Fourteenth amendment, 257. France, increase in expenditures in, 29; fees in, 126; development of tax system, 142; tariff in, 200; excise tax in, 219; tobacco mon- opoly in, 221; business taxes in, 224; gave up property tax, 255; income tax in, 296; inheritance tax in, 333; debt and national wealth, 411; fiscal plan in, 424; method of financing Great War, 477; tax measures of Great War in, 478; daily expenditures for Great War in, 495; expansion of note circulation in, 499. Franchise, kinds of, 338, Franchise to be, taxation of, 339. Franking privilege, abuse of, 59. Franklin, difficulty in borrowing, 402. French writers, 10. Funded debt, 399. Funded income, 116, 281. Funds, importance of administra- tion of, 20. Gadsden purchase, 79. Gallatin, Secretary, and War of 1812, 462. Gary, land values in, 369. General property tax, regressive in effect, 115; against corporations, 336. (See Property tax.) George, Henry, and Progress and Poverty, 365; social vision of, 365; proposed to take rents, 368; can- didate for mayor of New York City, 377. George, Lloyd, land taxes of, 385. German writers, 12. Germany, increase in expenditures, 29; tariffs in, 200; excise tax in, 220; gave up property tax, 255; inheritance tax in, 333; debt and national wealth, 411; fiscal plan in, 423; preparatory measures for Great War in, 479; use of loans in Great War, 480; use of taxes in Great War, 481 ; daily expendi- ture for Great War in, 495; ex- pansion of note circulation in, 499. Gifts, 136; taxation of, 325. Glass, Secretary, on appropriations, 432. Good, Representative, and budget bill, 433. Gorman- Wilson tariff, 196. Gottlieb, L. R., on war costs, 494; 497. Government, activities of, 1; cal- culable field of activities of, 15; demands of, 74; may conduct industry, 83; many fields of ac- INDEX 525 tivity, 87; exempt from taxes, 244; confidence in and war finance, 459. Graduation, under income tax, 284. Graph, of regular degression, 112; of irregular degression, 113, 114. Gratuitous services, objections to, 75. Great Britain, special assessment in, 132; debt and national wealth, 411; daily expenditure for Great War in, 495; expansion of note circulation in, 499. (See Eng- land.) Great War, cost of, 54; use of taxes by the United States in, 464; rev- enue act of 1916, 464; of 1917, 464; of 1918, 467; corporation taxes under, 468; United States borrowed extensively during, 469; problems did not end with, 472; England financed through loans and taxes, 475; France financed by borrowing, 477; Central Pow- ers used loans in, 479; interest- ing comparisons from financing of, 482; daily expenditure for, 495; expansion of money and credit affected cost of, 498; cas- ualties of, 502. (See War, and Cost of war.) Greece, expenditures of, 24; in- heritance tax in, 333. Greenbacks, effect on Civil War costs, 490; effects on citizens, 490. Gross earnings tax, advantages of, 345; favored by officials, 346; objections to, 347. Grundsatze der Finanzwissenschaft, 12. H Harding, President, on budget, 435. Hearth tax, 139. Highways, cause of expenditure, 37, 63. History, and Public Finance, 5. Hungary, income tax in, 296; financing Great War in, 481; expansion of note circulation in, 499. Illinois, oaths and penalties in, 261 ; license on automobiles, 228; in- debtedness in, 409; centralized fiscal machinery of, 438. Importer, bears burden of customs duty, 184. Impost, early revenue, 95. Impot unique, proposed by physio- crats, 363. Income, earned and unearned, 116; difficulties in defining, 279; gross and net, 280; capital and, 280; funded and unfunded, 281; dif- ficulties in ascertaining, 286; and property, 286; single tax on, 364. Income tax, early use in England, 141; in Prussia, 147; found in states, 154; shifting of, 162; mark of developed fiscal system, 278; methods of levy, 283; ex- emptions under, 284; graduation, 284; method of determining, 286; in England, 289; success in Eng- land, 293; in Prussia, 293; in foreign countries, 295; in the United States, 296; of Civil War, 297; of 1894, 298; constitutional amendment for, 299; adopted in 1913, 300; Act of 1916, 303; de- fects in Federal, 304; in states, 306; Act of 1917, 465; Act of 1918, 467; in England during Great War, 477; law as example of complexity, 517. Incorporated places, expenditures of, 33, 51. Incorporation fee, 338. Increasing cost, shifting of tax on goods produced under, 173. Increment, unearned, not confined to land, 368. Indebtedness, difficulties in han- dling, 248; limitations on, 268; characteristic of modern fiscal 526 OUTLINES OF PUBLIC FINANCE systems, 387; economic and political effects of, 393; extin- guishing of, 397; forms of, 399; study of in the United States, 407; of various countries, 409; per capita burden, in different countries, 410; municipal, 442. (See Public debts.) Independent treasury, effects of, 416. India, income tax in, 296. Indirect tax, 105; early in France, 142; modern in France, 143. Indirect war costs, 501. Individual, interest in values of land and buildings, 376. Individual expenditures, for educa- tion, 63; for charity, 67. Industry, condition favorable to state management, 84; revenue not important, 89; and revenue duties, 178; and protective du- ties, 180; and excise duties, 207, 220; government ownership of, 221; and method of financing war, 460. Information at source, 288. Inheritance, not a natural right, 321. Inheritance tax, early use in states, 154; not of recent origin, 309; early discussion of, 311; advo- cated at present, 312; applica- tion of benefit theory, 315; con- forms to modern fiscal concepts, 316; objections weak, 318; courts have strengthened position of, 320; problems arise in formu- lating laws, 322; conflicting jur- isdictions create problems, 326; stability desirable, 328; advan- tages of, 328; use by Federal government, 329; use by states, 331; use abroad, 333; Federal, under law of 1916, 464; under law of 1917, 466. In re Finnen, 321. Insane, expenditure for, 68. Insurance, social, 67. Insurance companies, taxation of, 357. Interest in Public Finance, 16. International complications from public borrowing, 396. Interest rate, importance of, 402. Introduction to Public Finance, 15. Investment, returns on, 25. Ireland, inheritance tax in, 333. Italy, study of fiscal problems in, 9; development of city-states, 10; tariff in, 200; excise tax in, 220; gave up property tax, 255; in- come tax in, 296; inheritance tax in, 333; debt and national in- come, 412; financing Great War in, 479; daily expenditure for Great War in, 495; expansion of note circulation in, 499. Jackson, President, distribution of public funds, 416. Japan, income tax in, 296. Judicial system, expenditure for, 70. Justice, principles not followed, 118. K Knights of Columbus, and war costs, 504. Laissez faire, and fiscal interest, 18; and increase of expenditures, 29; losing importance, 3&; and state industry, 87. Land, assessment of in England, 140; shifting of tax on value of, 163; shifting of specific tax on, 164 Land values, not all unearned, 368; society responsible for other than, 369. Law, John, and public land, 78. Laws, tax, need simplification, 517. Leadership, importance of, 62. Legislative expenditures, Federal, 58; state, 59. INDEX 527 Legislatures, limitations by state, 257. Leroy-Beaulieu, writer, 12. Les six Libres de la Republique, 11. Levy, defined, 99; place of on prop- erty, 246. License taxes. (See Business taxes.) Life, loss of in war, 501; loss of in nineteenth-century wars, 502; loss of in Great War, 502. Limitation, on taxes, 267; on in- debtedness, 268. Loan policy, success of United States's in Great War, 471. Loans, and taxes in emergency financiering, 460. Local option, favored by single tax, 378; struggle for in Oregon, 380. Local taxes, in England, 142. Long-term obligations, 399. Louisiana, business taxes in, 227; inheritance tax in, 331. Louisiana purchase, 78. Lump sum tax, shifting of, 171. M McCormick-Good budget bill, 434. McCormick, Senator, and budget bill, 433. McCullough vs. Maryland, 244. McKinley tariff, 196. Madison, President, and tariff, 191. Manufacturers' associations, on sales tax, 474. Manufacturing companies, taxation of, 358. Market, effect of extended, on shift- ing customs duties, 184. Maryland, budget in, 436. Massachusetts, income tax in, 307; taxation of corporations in, 342. Maximum-minimum tariff, 182. Mediterranean route of commerce, influence on fiscal studies, 10. Merchants' associations, on sales tax, 474, Michigan, rejection of gross earn- ings tax, 348; adopts ad valorem method, 351, Middle Ages, use of inheritance tax in, 310. Middle colonies, tax system in, 149. Military training, effect on individ- ual, 54. Mill, J. S., on income tax, 101, 283; and justice in taxation, 108; on inheritance tax, 311; and rents, 364. Mines, public retention of, 82. Minnesota tax commission, favors gross earnings tax, 346. Mirabeau, leader of physiocrats, 363. Missouri, and single tax, 381. Model system of taxation, 517. Money, periodic exaction of, 16; effect of change in value, 36; superficial aspect of, 447; ex- pansion of and cost of Great War, 498. Money market, necessity of in pub- lic borrowing, 388. Monopoly, shifting of tax on, 170. Montesquieu, early writer, 11. Mortgages, taxation of, 249, 265; shifting of tax on, 249; recording tax in New York, 265. Municipal, accounting, meaning of, 440; budgets, use of, 441; fi- nances, administration of, 439; indebtedness, 442. N Naples, early studies in, 10. National bank, assessment of shares, 247. National conference of single tax league, platform of, 366. National income, proportion of ex- penditure to, 44. National Tax Association, 15, 230 n; and study of fiscal problems, 514; and model tax system, 517. Natural right, inheritance not a, 321; as proposed by Henry George, 367. Net earnings, taxation of, 348; ob- jections to tax on, 349; taxation 528 OUTLINES OF PUBLIC FINANCE of opposed by Connecticut com- mission, 350. Net returns, shifting of tax on, 171. New England colonies, property tax in, 232. New York, 149, 150; opposed to tariff, 189, 231, 249, 259; in- come tax in, 307; inheritance tax in, 331; annual franchise tax of, 341; taxation of public utilities, 345; special franchise tax of, 355; tax upon transfer of securities, 361; and single tax, 382; indebt- edness in, 408; tax conferences in, 514; corporation tax example of complexity, 517. New York City, assessors in, 274; relative value of land and build- ings in, 376. Nineteenth-century wars, loss of life in, 502; duration of, 502. Nitti, F. S., on expenditures, 30 n. Nonreproducible goods, shifting of tax on, 165. Nonrevenue receipts, 91. Northern colonies, tax system in, 148. Norway, income tax in, 296. Note circulation, expansion of dur- ing Great War, 499. Oaths, 238, 261; in Illinois, 261. Ohio, tax inquisitor law of, 262; power of tax commission, 275. Ohio plan of limitation, 269. Oleomargarine, excise tax on, 210. Ontario, business taxes in, 227. Oregon, single tax campaign in, 379; state tax commission and con- stitutional amendment, 381. Oregon territory, part of public do- main, 79. Ottawa, and single tax, 385. Panama Canal, borrowing justified for, 392 t Partnership of state, argument for inheritance tax, 316. Payment of back taxes, argument for inheritance tax, 317. Payne-Aldrich tariff, 197. Peace, expenditures during, 488, 491. Peel, Sir Robert, and income tax, 289. Penalties, 137; under property tax, 261; in Illinois, 261; use of in- heritance tax as, 318. Pennsylvania, use of inheritance tax, 331; and single tax, 382; small indebtedness in, 408. Pensions, 68; mothers', 67, 69; old age in England, 69. Personal element, importance of in war finance, 459. Personal property, defined, 235; value of compared with real, 241, 242. Pestilence, example of emergency, 445. Petty, early writer, 12; classifica- tion of expenditures, 23. Philippines, income tax in, 296. Physiocrats, fiscal contributions of, 11; proposal of single tax, 363. Pittsburgh, and single tax, 382. Plehn, C. C., writer, 15; on single income tax, 364. Police power, 38 n\ and fees, 125. Political aspects of fees, 128. Political campaigns, single tax in, 379. Political restraint on revenue, 27. Political Science and Public Fi- nance, 5. Poll taxes, in American states, 222; objections to, 223. Pollock vs. Farmers' Loan and Trust Co., 299 n. Poor rates, English, 95. Portugal, inheritance tax in, 333. Post office, example of government enterprise, 84; in the United States, 85; motives for conduct- ing, 86. INDEX 529 Prsecarium, early revenue, 95. Price, relation to shifting, 160; ef- fects of increased, 451; and taxa- tion, 455; effects of changes, 500. Private expenditures, compared with public, 25. Produit net, tax on, 363. Profits, tax on excess, 465; difficul- ties with tax on, 468. Progress and Poverty, 365. Progress, affected by excise tax, 208. Progressive Taxation in Theory and Practice, 15. Progressive taxes, study in Italy, 10; discussed, 110; effect of flat rate, 115; under income tax, 285; ap- plied to inheritances, 324. Project for a Royal Tythe, 11. Property, classification of, 235; and ability, 235; personal not as- sessed, 239; intangible, 240; court interpretation of classifica- tion, 263; status of classification, 264; principle of classification, 264; results of classification, 265; classification of in Pennsylvania, 266; in Connecticut, 266; and income, 286. Property tax, early use in states, 154; early development, 230; in- fluence of democratic ideals, 232; in Southern and Western states, 233; escape of personal property, 239; evils of double taxation, 245; handling of indebtedness, 248; regressivity of, 251; de- grades morals, 252; intrenched in the United States, 254; un- satisfactory, 276; and corpora- tions, 336. (See General property tax.) Property tax reform, difficulties with constitutions, 256; in real estate assessment, 258; in personal property assessment, 261; clas- sification attempted, 263; limita- tion on tax rate and borrowing, 267; separation of sources of revenue, 269; centralization of authority, 272; the state tax commission, 274. Proportional taxes, 110; effect of flat rate, 115. Protection, expenditure for, 52. Protective aspect of early tariff, 190. Protective duties, meaning, 180; and revenue duties, 180; coun- teracted by excise, 208. Prussia, development of tax system, 145; early fiscal reforms, 146; early consumption and income taxes, 147; business taxes in, 225; income tax in, 293. Public, hostile attitude of, to cor- porations, 335; effect of single tax on activities, 372; more en- lightened needed, 515. Public activity, change in, 506. Public buildings, expenditures for, 60. Public credit, universality of, 16; growth of, 28, 39. Public debts, compared with pri- vate, 390; payment of, 390; pur- pose of, 391; economic and polit- ical effects of, 393; methods of originating, 400; problem of ad- ministering, 404. (See Indebt- edness.) Public expenditures, early classifi- cation, 10; importance of, 18; considered by early writers, 22; of Greece and Rome, 24; under feudalism, 24; compared with private, 25; political restraints on, 27; changes in, 27; increase in, 28; causes of growth, 37; supply less material wants, 39; justification of, 40; economic ef- fects, 41; comparative study dif- ficult, 43; classification of, 46; by census bureau, 47; according to benefit, 49; for defectives, de- linquents, and dependents, 66; for individuals, 71. Public Finance, definition of, 2; a division of Economics, 4; relation to Political Science and History, 530 OUTLINES OF PUBLIC FINANCE 5; to Sociology and Ethics, 7; method of study, 8; extent of study, 9; interest in, 16; studied under different heads, 17. Public lands, arguments for dis- posal, 77; for retention, 77; of the United States, 78; method of disposition, 79; success of policy, 80; policy of states, 81. Public price, defined, 134; and rate, 134; reduction in, 135; public interest and, 135. Public revenues, early classifica- tions, 76; classification of cen- sus bureau, 90; growth in, 91; compulsory nature, 94; histori- cal development, 94; motives be- neath, 95; factors in classifying, 120. Public utilities, cause of expendi- ture, 37; taxation of, 343; taxa- tion of in New York, 345; regu- lation and taxation of, 354. Pueblo, single tax and, 382. Pullman, land values in, 369. Quasi single taxers, 366. Quesnay, leader of physiocrats, 11, 363. R Rate, defined, 99; and public price, 134; applied to inheritance tax, 323. Rau, K. H., early writer, 12; and public lands, 77. Real property, defined, 235; value of compared with personal, 241, 242. Reciprocity, treaty with Canada, 182; in French tariff, 182. Red Cross, and war costs, 504. Regressive taxes, 114; general prop- erty tax regressive, 251. Regulation of public utilities, 354. Regulative activities, 38. Republican party, and tariff, 196. Repudiation of debts, early, 28; by states, 390. Reserve fund, failure of, 388. Retaliatory tariff, 182; in McKin- ley tariff, 196. Revenue, political restraint on, 27; cost of collection, 60; early in England, 139; in France, 142; in Prussia, 145; in American col- onies, 147; separation of sources of, 269; apportionment under single tax, 374; secured quickly from borrowing, 449; act of 1916, 464; act of 1917, 464; sources of for Great War, 497; overlapping of sources of, 509; separation of sources of, 510. Revenue duties, meaning, 178; and industry, 178; and protective duties, 180. Revenue receipts, 90. Revenue systems, development of, 138. Revolutionary War, financing of, 149. Rhode Island, 150; opposed to tariff, 189; property tax in, 233. Ricardo, on income tax, 100; on inheritance tax, 311; on rents, 364. Right, natural, inheritance not a, 321. Rivers and harbors, committee on, 428. Rome, expenditures of, 24. Roosevelt, Theodore, favors in- heritance tax, 313. Ross, P. V., on inheritance taxes, 320. Rural, burden of single tax in dis- tricts, 375; values compared with urban, 375. Russia, increase in expenditure, 29; income tax in, 296; inheritance tax in, 333; financing Great War in, 479; expansion of note circu- lation in, 499. S Salary, instead of fee, 127. Sales tax, advantages of, 473; ob- INDEX 531 jections to, 473; shifting and in- cidence, 474. Salvation Army, and war costs, 504. Savings, inheritance tax on, 319. Scotland, gave up property tax, 255. Scranton, and single tax, 382. Seattle, and single tax, 381. Secretary of the Treasury, and ex- cise tax, 213; and independent treasury, 417; and book of esti- mates, 429. Secured debts tax, 266. Securities, tax on transfer of, 361; by Federal government, 362. Seligman, E. R. A., 14, 167 n; on property tax, 277; on English income tax, 293; on war costs, 494, 495. Separation of sources of revenues, 269; advantages of, 270; dangers of, 271. Serial bonds, use of in cities, 442. Service, expense of, arguments for inheritance tax, 315; value of, argument for inheritance tax, 315. Shifting, distinguished from eva- sion, 157; direction of, 175. Shifting and incidence, denned, 99; relation to justice, 157; funda- mentally a study of price, 159; of poll tax, 161; of income tax, 162; of land taxes, 163; of tax on nonreproducible goods, 165; of tax on buildings, 166; of tax on monopoly, 170; of tax on competitively produced goods, 172; influenced by elasticity of supply and demand, 174; of cus- toms duties, 183; of excise duties, 204; of sales tax, 474. Short-term obligations, 399. Single Tax League, platform of, 366. Single tax, proposal for not new, 363; on incomes, 364; proposed by Henry George, 364; social claims of, not proved, 370; un- desirable features and difficulties of, 371 ; effect of, on public activi- ties, 372; administrative difficul- ties of, 372; modifications of, 373; burden in rural districts, 375; propagation of, 377; campaign in Oregon, 379; in other states, 381; outside the United States, 383; emphasized defects, 385. Sinking fund, early use in England, 405; in the United States, 406; in cities, 442. Situs of property, as base for tax levy, 246; as base for inheritance tax, 327. Situs of securities, as base for tax levy, 246. Smith, Adam, published Wealth of Nations, 13; classified revenues, 76; on postal system, 85; places taxes on shares of income, 104; and faculty theory, 108; can- vass of taxation, 101; on inherit- ance tax, 311; on rents, 364. Smuggling, problem of, 185. Social, aspects of fees, 128; effects of excise taxes, 207; claims of single tax not proved, 370; ef- fects of public borrowing, 395; point of view has gained in promi- nence, 510. Social insurance, 67. Sociology, and public finance, 7. South Carolina, dispensary system in, 221. Southern colonies, tax system in, 149. Southern states, property tax in, 233. Spain, inheritance tax in, 333. Special assessment, defined, 130; and tax, 130; and fee, 130; and special tax, 131; extent of use, 131; justice of, 132; in Great Britain, 132. Special franchise, in New York, 249; taxation of, in New York, 355. Special tax and special assessment, 131. Specific, defined, 99; objection to, 186. Specific tax, shifting of on land, 164. Staatswirthschaft, 12. State equalization board, 259. 532 OUTLINES OF PUBLIC FINANCE State, partnership of, argument for inheritance tax, 316. State tax commission, 230 rc; re- ports on property tax, 253; ex- ample of centralization, 275; ac- tivities of, 275; auditing and ac- counting, 275; corporation as- sessments, 276. State taxes, 154. States, expenditures in European, 29; expenditures of, 32; for pro- tection, 55; legislative expendi- tures, 59; for education, 61; for defectives, 67; public land policy, 81; revenues of, 93; corporation taxes in, 155; use of income tax, 306; use of inheritance tax, 331; indebtedness of, 407; use of bud- get in, 435. Steuer, early revenue, 95. Stevens, W. S., favors net earnings tax, 349. Stoppage at source, 287. Stuyvesant, Peter, 149, 231. Sumptuary tax, excise duty as, 209. Supplementary reading, general list, 21. Supply, relation to shifting, 160; effect of elastic on shifting, 175; elastic and customs duties, 183. Sweden, inheritance tax in, 333. Switzerland, increase in expendi- ture, 30; income tax in, 296; in- heritance tax in, 333. Tableau oeconomique, 11. Taft, President, budget agitation under, 432. Tariff, compared with bounty, 69; maximum-minmium, reciprocity, retaliatory, to equalize costs, compensating, 182; early at- tempts to secure in United States, 188; of 1779, 190; of 1816, 191; of 1824 and 1828, 192; compro- mise, 193; Walker, 194; of 1857, 195; of Civil War, 195; McKin- ley, 196; Gorman-Wilson, 196; Dingley, 197; Payne-Aldrich, 197; Underwood-Simmons, 197; Fordney emergency, 198; in Eng- land, 199; in France, 200; in Italy and Germany, 200. (See Protec- tive duties and Revenue duties.) Tax, definition of, 97; important terms, 98; economic effects of, 100; attempts at classification, 103; justification and measure- ment of, 106; social aspects of, 116; as regulatory measure, 117; and special assessment, 130; lim- itation of, 267; Ohio plan of limitation, 269; upon banks, 356; upon insurance companies, 357; on manufacturing companies, 358. (See kinds of taxes.) Tax inquisitor law of Ohio, 262. Tax laws, simplification needed, 517. Tax limitation, by fixed rate, 267; by limited rate, 268; by limiting expenditures, 268. Tax list, defined, 100. Tax maps, 260. Taxation, and prices, 455; objections to in emergency financiering, 456. Taxes and loans in emergency finan- ciering, 460; statistics of, for Great War, 497. "Tenths," form of revenue, 140. The Elements of Public Finance, 15. The Income Tax, 15. The Science of Finance, 14. The Shifting and Incidence of Taxa- tion, 15. The Theory and Practice of Taxation, 14. Traite de la Science des Finances, 12. Transfer of securities, tax on, 361; by Federal government, 362. Treasury certificates, issued during Great War, 470. Treasury department, organization of, 417; later modifications, 418; integrity of, 419, 431. Treatise of Taxes and Contributions, 12. Turgot, leader of physiocrats, 1 1 , 363 . INDEX 533 U Underwood, J. H., on inheritance taxes, 318. Underwood-Simmons tariff, 197. Unearned decrement, 370. Unearned increment, not confined to land, 368. Unemployed, problem of, 43. Unfunded debt, 399. Unfunded income, 116, 281. Uniform tax clause, 258. Unit of goods, shifting of tax on, 170. United States, increase of expendi- tures in, 30, 35; public lands of, 78; method of disposition, 79; success of policy, 80; conduct of postal system, 85; fees in, 126; special assessment in, 131; excise tax in, 215; indebtedness of, and national wealth, 410; indebted- ness of, and social income, 411; budget in, 426; daily expenditure for Great War in, 495; expansion of note circulation in, 499. Urban, values compared with rural, 375. Valuation, statistics of property, 241; of public utilities, 344. Value, relation between a tax on and earnings, 352; social, not confined to land, 368; all land, not unearned, 368. Value of service, argument for in- heritance tax, 315. Vancouver, single tax in, 384. Vauban, early writer, 11. Venice, borrowing in, 388. Virginia, report of joint committee on taxation, 351. Voluntary loans, 400. Von Justi, early writer, 12. Wagner, writer, 12. Walker tariff, 194. War, cause of expenditure, 36, 54; best example of emergency, 445; Revolutionary, requisitions un- der, 447; burden upon present production, 447; burden not shifted to future, 452; use of taxes in financing, 454; impor- tance of personal element in financing, 459; money costs of, 484; returns from, 485. (See Great War.) War Chest, in Germany, 389; use of in Great War, 480. War of 1812, use of excise tax, 216; method of financing, 462; cost of, 487. War profits, taxed in England, 477. Warehouses, under Walker tariff, 194. Washington, single tax campaign in, 381. Ways and means, committee on, established, 427. Wealth of Nations, 13. Webster, definition of income, 279. WeUs, D. A., 14, 21; on property tax, 240. Western states, property tax in, 234. Whigs, and tariff, 194. White, Chief Justice, decision on in- come tax, 301. Wisconsin, income tax in, 306; re- port on tax commission of, on in- come tax, 307; rejection of gross earning tax, 348; adopts ad va- lorem tax, 351. Woolen tariff, 193. Woolens, compensating tariffs on, 183. Woolworth, building, socially cre- ated value in, 370; site, distribu- tion of rental from, 375. W Y Wade, F. C., on single tax in Can- Young Men's Christian Association, ada, 384. and war costs, 504. THE END UNIVERSITY OF CALIFORNIA LIBRARY This book is DUE jpn the last date stamped below, Fine schedule: 25 cents on firstly overdue 50 ceots on fourth day ov( " - One dollar on sev MOV 13 ^t' ^ - - J ' JAN 2 01363 LD 21-100m-12,'46(A2012sl6)4120 re 23367 .-, UNIVERSITY OF CALIFORNIA LIBRARY