i:. I PLEA,*^-: DO NOT REMOVE THIS BOOK card; ^ XX at a M II X 11 ft e ft 8 9 University Research Library , X. This book is DUE on the last date stamped below MAR 23 ' MAY 7 IS^ m APR 4 1932 JUN 6 1934 '^' J =5 j^^ 9?C 12 ^ LJAN7 1938 JAN 2 3 133* ^^ 5 i93g, \ -m L-9-15m-8,'26 APR -8 ia4b^^ IAY5 t95r I^art, &c|)affttr & ;Plarj; Pd|e Economic Csteapct THE CAUSE AND EXTENT OF THE RECENT INDUS- TRIAL PROGRESS OF GERMANY. By Earl D. Howard. THE CAUSES OF THE PANIC OF 1893. By William J. Laack. INDUSTRIAL EDUCATION. By Harlow Stafford Person, Ph.D. FEDERAL REGULATION OF RAILWAY RATES. By Al- bert N. Merritt, Ph.D. SHIP SUBSIDIES. An Economic Study of the Policy of Sub- sidizing Merchant Marines. By Walter T. Dunmore. SOCIALISM: A CRITICAL ANALYSIS. By O. D. Skelton. INDUSTRIAL ACCIDENTS AND THEIR COMPENSATION. By Gilbert L. Campbell, B. S. THE STANDARD OF LIVING AMONG THE INDUSTRIAL PEOPLE OF AMERICA. By Frank H. Streightoff. THE NAVIGABLE RHINE. By Edwin J. Clapp. HISTORY AND ORGANIZATION OF CRIMINAL STATIS- TICS IN THE UNITED STATES. By Loms Newton Robinson. SOCIAL VALUE. By B. M. Anderson, Jr. FREIGHT CLASSIFICATION. By J. F. Strombeck. WATERV/AYS VERSUS RAILWAYS. By Harold Glenn Moulton. THE VALUE OF ORGANIZED SPECULATION. By Harri- son H. Brace. INDUSTRIAL EDUCATION: ITS PROBLEMS, METHODS AND DANGERS. By Albert H. Leake. THE UNITED STATES INTERNAL TAX HISTORY FROM I 86 1 TO I 87 I . By Harry Edwin Smith. WELFARE AS AN ECONOMIC QUANTITY. By G. P. Wat- kins. CONCILIATION AND ARBITRATION IN THE COAL IN- DUSTRY IN THE UNITED STATES. By Arthur E. Suf- fem. THE CANADIAN IRON AND STEEL INDUSTRY. By W. J. A. Donald. THE TIN PLATE INDUSTRY. By D. E. Dunbar. THE MEANS AND METHODS OF AGRICULTURAL EDU- CATION. By Albert H. Leake. THE TAXATION OF LAND VALUE. By Yetto SchefteL HOUGHTON MIFFLIN COMPANY Boston and New York WjCKxt, ^c^affnet: & (TUarx Qprij^ <&bbci^9 XXII THE TAXATION OF LAND VALUE THE TAXATION OF LAKD VALUE A STUDY OF CERTAIN DISCRIMINATORY TAXES ON LAND By YETTA SCHEFTEL BOSTON AND NEW YORK HOUGHTON MIFFLIN COMPANY (tlie Slitiecjeiitie pce^tf Cambcibsc 1916 85T82 COPYRIGHT, 1916, BY BART, SCHAFFNR MARX ALL RXOKTS RESSRVBD Publisktd Dectmber iQtb (^ ^ t ^ ^ 531 TO PROFESSOR ROBERT F. HOXIE FROM WHOSE BIOH STANDARD OF SCIENTIFIC BESEABCU Ain> KKEN CBITICI8M THE WBITBK DKKIVED INESTIMABLE PBOFIT AND INSPIBATION PREFACE This series of books owes its existence to the generosity of Messrs. Hart, Schaffner & Marx, of Chicago, who have shown a special interest in trying to draw the attention of American youth to the study of economic and commercial subjects. For this purpose they have delegated to the un- dersigned committee the task of selecting or approving of topics, making announcements, and awarding prizes an- nually for those who wish to compete. For the year ending June 1, 1915, there were offered: In Class A, which included any American without re- striction, a first prize of $1000, and a second prize of $500. In Class B, which included any who were at the time undergraduates of an American college, a first prize of $300, and a second prize of $200. Any essay submitted in Class B, if deemed of sufficient merit, could receive a prize in Class A. K The present volume, submitted in Class A, was awarded first prize in that class. J. Lauhence Laughun, Chairman, University qf Chicago, J. B. Clark, Columbia University. Henet C. Adams, University of Michigan. Horace White, New York City. Edwin F. Gay, Harvard University. ^. CONTENTS CHAPTER I THE TAX ON LAND VALUE Ljntroduction: The Problem of Local Revenue 1 f^JTNature of the Tax Purpose of this Study' .... 8 S S^efinition of the Tax 4 j-^iTDifferent Forms of the Tax 7 \'o. The Tax on Value Increment 6. The Tax distinguished from other Land Taxes . . . .11 7. The Tax on Selling Value 14 8^ Relation to the Single Tax 15 '^ Coimtries where the Tax is in Operation 17 \ 10. Sunmuiry 18 CHAPTER n LAND TAXES IN AUSTRALASIA 1. Introductory : The Character of the Colonies .... Id 2. Settlement and Land Tenure 20 3. The Chief Causes of the Enactment of the Land Taxes Landed Monopoly and Absenteeism . . . . . .23 4. Fiscal Needs the Occasion for the Adoption of the Land Taxes 26 5. Causes of the Enactment of Local Rating on the Unimproved Value 28 % 6. Influence of the Single Tax Propaganda 31 \ 7. The Land Tax in the Fiscal Systems of the Colonies Its Prevalence 34 % 8. Legislation in New Zealand : Rates of Tax, Methods of Assess- ment and Levy 30 9. Rates of Tax and Methods of Assessment in the Common- wealth of Aiistralia 41 10. Historical Development of the Land Taxes in Australia . . 44 11. The System of Local Rates in Queensland 48 12. Local Option on Rating in New Zealand 50 13. Local Taxation in New South Wales 53 14. The Federal Land Tax: Rates of Tax, Methods of Assessment and Levy 55 S 15. Summary 59 X CONTENTS CHAPTER m AND TAXES IN AUSTRALASIA {concl%ided) 1. Importance and Difficulty of Accurate Valuation of the Land minus Improvements System in Australasia ... 61 2. General Administration of the Taxes 62 8. Methods of Land Appraisal . 67 4. Definitions of "Capital Value," "Unimproved Value," the "Value of Improvement," and "Improvements" to guide Valuers 69 6. Summary: Efficacy of the Methods of Valuation ... 75 6. Fiscal Considerations: The Incompatibility between the Fiscal and Social Interests in Taxation 78 7. The State Taxes considered Fiscally 79 8. Fiscal Results of the Commonwealth Tax 83 9. The Local Taxes considered Fiscally 88 10. Summary of Fiscal Considerations of Tax 95 11. Effect of the Taxes on the Disintegration of the Large Land- holdings 96 12. Causes of the Inefficacy of the Taxes in Work of Disintegra- tion 99 13. Discriminatory Feature helped by Liberal Exemptions from Taxation 103 14. Social and Economic Effects Shght and Difficult to Trace 105 15. Simamary of Effects on Building Trade, Speculation, Rent Incidence of the Taxes 106 CHAPTER IV THE TAX ON VALUE INCREMENT IN GERMANY 1. Introduction: The System of Local Taxation in Germany . 121 2. Reform of 1893 in Prussia affecting Local Taxation . . .124 3. The "Umsatzsteuer" as Precursor of the Increment Tax 125 4. "Steuer nach dem gemeinen Wert" replacing the Land Taxes on Rental and Product 128 5. Characteristics of the Increment Tax 129 6. Analysis of the Frankfurt Ordinance showing the Relation of the Increment to the Land Transfer Tax 132 7. Principle of "Unearned Increment" as Underlying Tax Origin of Concept in Phenomenal Development of German Cities Speculation and Housing Problem . . . .134 8. "Sozialpolitik" and Restriction of Private Land Owner- ship 138 9. Theory of Benefit inapplicable to German Tax . . . .141 CONTENTS xt 510. Influence of the "Bodenreform" Movement 143 5 11. History of the Enactment of the Increment Tax Laws Im- perial Tax of 1911 144 12. Methods of Assessment and Levy 146 13. Explanation and Interpretation of Method 148 14. Exemptions: their Purpose 162 S 15. Progressive Scale of Rates 155 16. Division of Proceeds of Tax among the Imperial, State, and Local Governments 158 17. Administration of Tax 160 18. The Local Taxes: Various Methods of Assessment and of deal- ing with Retroactive Feature 163 19. Rates, Exemptions, Reductions, in Local Ordinances . . 165 20. Fiscal Returns from Local Taxes 173 21. Status of Localities to Tax since the Amendment of the "Reichzuwachssteuer" in 1913 176 22. Fiscal, Social, and Economic Effects 177 23. Taxation of Land in Kiao-chau: Causes of Introduction of Tax " Sozialpolitik, " not Taxation 184 24. Taxation Provisions 185 25. Effects and Proceeds of Tax 187 CHAPTER V THE ENGLISH LAND-VALUE DUTIES 1. Underestimation of the Fiscal Aspect of the Land- Value Duties Landlordism and Land Taxation .... 190 2. Movement toward Land- Value Taxation Legislation and Reports on the Expediency of Tax for Local Purposes, 1884- 1906 < . 196 8. Continued Agitation and Legislation, 1906-10 .... 201 4. Opposition of Lords the Direct Cause of the Incorporation of Duties in the Budget 205 5. Social Reform the Dominating Motive of the New Taxes Forms of Taxes a Proof 207 6. Introduction to Analysis of the Four Duties .... 210 7. Value-Increment Duty 211 8. Reversion Duty 217 9. Undeveloped Land Duty 222 10. Mineral-Rights Duty Causes and Probable Effects of the Changed Scheme for Taxing Minerals 227 11. Analysis of System finally adopted . . . . - . . . 230 12. Administration and Valuation 283 13. Actual Progress made in Valuation Provisions with Regard to Appeal Test Cases 238 S 14. Fiscal Effects 244 S 15. Economic Effects 247 zii CONTENTS CHAPTER VI ; MUNICIPAL TAXATION IN WESTERN CANADA 1. Local Taxation in Canada explained from the Standpoint of Fiscal Expediency 251 2. Economic and Social Conditions compared with those in Aus- tralasia Increase in Population and Land Value . .252 3. The Wild-Land Tax of British Columbia, the First Land- Value Tax levied in Canada Wild-Land and Increment Tax in Alberta 258 S 4. Option of exempting improvements from Taxation granted the Local Authorities Later made Compulsory in Alberta and in the Rural Municipalities of Saskatchewan . . .261 5. Causes of the Introduction of the Tax 266 6. Prevalence and Natm-e of "Smgle Tax" System . . . .269 7. Administration of the Tax Special Provisions with regard to Assessment 273 S 8. Fiscal Expediency of Tax due to Unusually Favorable Condi- tions of Rising Land Value 277 9. Working of System in Times of Business Depression In Static Communities 284 10. Incidence of the Land Tax 290 11. Economic and Social Effects DifBcuIt to Trace Effect on Building Trade 291 S 12. Economic Results offset by other Influences Speculation in Land Wages 296 IS. Possibility of Extension of System in Eastern Canada . . 299 CHAPTER Vn THE TAX IN ITS FISCAL ASPECT S 1. General Summary of the Various Forms and Purposes of the Tax S02 2. The Tax classified A Form of Realty Tax Both Sub- sidiary and Single 804 8. Levied by Local, State, or National Government according to Purpose and Form 305 4. Fiscal Principles of Tax Theory of Incidence .... 308 5. Incidence complicated by Effects of Tax on Building Opera- tions 311 6. Principle of "Amortization" 815 7. Difficulties involved in Taxing the Capital Value of Realty . 317 8. Capital versus Rental as Basis of Assessment .... 320 9. Tested by Canons of Taxation Canon of Justice not strictly applicable to Tax . , 322 CONTENTS xia 10. Expediency in Taxation Fiscal cersiu Socio-Political Theory Progressive Rate as Criterion of Taxation for Reform Purposes 824 11. Productiveness of Tax Convenience and Certainty Dis- crimination Freedom from Evil Effects .... 827 12. Administration of Tax Separate Valuation of Land and Improvements DiflGiculties of Making Accurate Valuation of Land 830 S IS. Present Method of Valuation compared with Scientific Method 833 14. Hoffman-Neill Rule 885 15. Somers System of Valuation 837 16. Objections to Tax Confusion with Single Tax Relative Expediency of Tax for Rural and Urban Communities Most Expedient Form 841 CHAPTER Vm THE TAX AS A SOCIAL REFORM 5 1. Problems for Inquiry Unearned Increment Speculation in Land Housing Private versus Public Ownership . 848 2. Classification and Differentiation of the Three Kinds of Land 349 S S. Agricultural Depression and Decline in Value of Rural Land in Europe 851 4. Increase in Agricultural Land Value in the United States, Australasia, Canada 854 $ 5. Fluctuations in Value in above-mentioned countries Con- clusions and Tendencies 855 S 6. Infiuences affecting the value of Urban Land Examples of Increments in Urban Land Value 858 7. Decrements and Causes of Decrements in City Real Estate Value 864 8. Mines and Forests Problem of Conservation Illustrations of Wastefulness The Value of Minerals and Timber . 866 9. Summary: Differences between the Three Kinds of Land and N. in Problems they present 868 N. "^ 10. Definition and Peculiarities of Land Speculation . . . 870 ^ 11. Changes in the Character of Land Speculation Less Op- portunity than formerly 872 12. Real Estate Companies Their Methods of Speculation Suburban Building Operations 875 " IS. The Withholding of Land from Utilization Extent of Prac- tice Taxation on Capital Value as a Check .... 878 14. Results of Indebtedness due to Overcapitalization of Real Estate Loss Through Foreclosure 882 S 15. Conclusions concerning Speculation in Land .... 884 ^ \ > liv CONTENTS CHAPTER IX THE TAX AS A SOCIAL REFORM {concluded) 1. Far-Reaching Effects of Housing Conditions .... 388 2. The Slums in Large Cities Congestion 890 3. Causes, Economic and Social 891 4. Relation between Housing and Rents Building and Sanita- tion Legislation and Regulations Effect on Rent Ele- ments entering into Ground and Building Rents . . . 392 5. Putative Effects of the Tax on Congestion Deductions by the Adherents 895 5 6. Deductions by the Adversaries 398 7. Actual Effects of Tax on Rent, on Building, on Speculation . 402 8. Public Ownership as Means of suppressing Abuses arising from Speculation in Land 404 S 9. Need and Expediency of the Nationalization of Agricultural Land The Efficacy of Tax on Land Value in the Disinte- gration of Large Estates 406 10. Need and Expediency of the Public Appropriation of Urban Land Experiments in Municipal Housing Schemes Expediency of Public Appropriation of Part of the Incre- ments from Urban Land Value 409 5 11. Public Ownership of the Natiu*al Resources Tendency to- ward Monopolization Problem of Conservation . . 415 12. Failure of Tax as a Vital Social Reform Measure . . . 420 CHAPTER X EXPEDIENCY OF THE TAX ON LAND VALUE FOR THE UNITED STATES 1. Fiscal Needs in the United States Inquiry confined to Direct Proportional Tax for Local Piuposes 422 2. Tendency of Expenditure of Local Bodies to increase . . . 424 8. Inadequacy of General Property Tax Evasion and other Consequences 427 4. Evils of Underassessment Causes and Remedies . . . 428 5. Constitutional Barriers to Reform in Taxation Progress toward Reform Inadequacy of the " Classification of Property" Reform 431 6. Tendency toward Separation of State and Local Taxation Local Option as Result 438 7. Local Option in Taxation Meaning Dangers Ef- fects 485 8. Administrative Changes Fundamental in all Proposals . . 489 9. Proposed Reforms in Local Taxation Their Relative Ex- pediency ..... 442 CONTENTS XV 10. Positive Effects of Tax on Land Value as Justification of Change 445 11. Probable Distribution of Burden by the Tax on the Land- owners 448 S 12. Summary of Recent Legislation with respect to Exemption of Improvements in American Cities Causes and Trend of Movement 460 BIBLIOGRAPHY . . 461 INDEX 485 THE TAXATION OF LAND VALUE CHAPTER I THE TAX ON LAND VALUE 1. The problems of tapping new sources of public revenue and of improving the present systems of taxation tend to grow more and more vital. The reason is patent. Public expenditures are increasing enormously because of the socializing tendencies of the government. Especially in urban communities where the social welfare spirit has taken root, the disbursements for public utilities, for cul- tural and recreational facilities, as well as for public safety and sanitation, claim a greater percentage of the budg- etary requirements from year to year. When we inquire what constitute the taxable sources to meet the growing budgets in most American cities, we find some form of the property tax, supplemented by the franchise, corporation, business, or similar taxes. But since, for purposes of taxa- tion, personal property is as elusive as the will-of-the-wisp, the burden falls mainly on real property.^ And under the present defective system of valuation and assessment, this burden, it will be agreed, is most unequally distributed. Under these circumstances the discussion of the tax on land value, which has been proposed as a substitute, or as supplementary to the property and other taxes, is oppor- tune. * In most American cities from seventy per cent to about ninety-five per cent of the general property tax is derived from real estate, accord- ing to an estimate made from Table 34 of the Special Report of the Bu- reau of the Census. Financial Statistics of Cities Having a Population of over 30,000, 1909. For example in Brooklyn, New York, more than ninety-eight per cent of the taxes was in 1895 derived from this source. Cf. Seligman, Essays in Taxation (1913), p. 25. 2 THE TAXATION OF LAND VALUE 2. In recent years the taxation of land value has taken on a signification somewhat different from its literal mean- ing. Literally land has always been taxed on its value. Even in the taxation of land according to acreage, e.g., the danegeld or scutage,^ we perceive an attempt, though a crude one, to value the land. And in this country there is no more prolific source of local revenue than the land, which is legally and supposedly assessed on its market value. Nor can "land value" mean only the full market or capital value, '^ for there are a few cities and counties e.g., Suffolk County, Massachusetts which claim to tax land on its actual value; nevertheless, in the modern denotation of the phrase the tax on land value does not exist in these communities.' The distinctive characteristic of the tax is not alone that it is levied on the actual selling or capital value, but that it is levied on the unimproved value, on the site irrespective of the value of the buildings and other improvements thereon. In other words it is a discriminatory tax on land. Though of comparatively recent origin the tax has al- ready assumed various forms, the heterogeneity of which will be gathered from the following. Recently the cities of Pittsburg and Scranton were probably taken aback by the newspaper pronouncement that the tax on land value had there been unwittingly instituted. That is, the Stein bill,* which became a law May, 1913, provides for * Thus the scutage was a charge on the knight's fee corresponding to 20, annual value, a rough estimate of the value of the land. CJ. Dowell, History of Taxes and Rates in England (1888), vol. i, p. 4fO. * By capital value of land is meant the sum which the land might be expected to realize at the time of valuation if offered for sale on such rea- sonable terms and conditions as a bona fide seller might be expected to require. * In fact the question of full value assessment as an administrative improvement is at present receiving the attention of many state legisla- tures with the prospect of adoption, yet no country is more reluctant than ours to institute the taxation of land value. * Pennsylvania H.R. Bill 967 (1913), approved May 15, 1918. TBGE TAX ON LAND VALUE 8 the gradual reduction of the tax on buildings in the sec- ond-class cities of Pennsylvania. This, however, is an example of only partial taxation on land value. The study of the subject makes evident the existence of the system: (1) in Australasia, in the tax on the unimproved value of the land and the exemptions of improvements; (2) in West- ern Canada, in the municipalities where improvements have in recent years been wholly or in part exempted from taxation; (3) in Germany, in the shape of the value-incre- ment tax; (4) in Kiao-chau, where besides a value-incre- ment tax of thirty-three and a third per cent, a six per cent tax is levied annually on the value of the site; and (5) in England, in the form of the land-value duties comprising the increment, reversion, the undeveloped land, and the mineral rights duties. The protean character of the tax is thus evident. The discriminatory feature of the tax raises the ques- tion of its raison d'etre, the analysis of which is as essential to the understanding of the system as the mode of levy it- self. If we analyze the criticism and speculation which the introduction of the above taxes has evoked, we find misapprehension and confusion of thought. By some, for example, the English Lords, ^ it is regarded as an attack upon private property rights; by others, such as Adolph Wagner and the "Kathedersozialisten," ^ as a protest against the accumulation of wealth, especially of the "un- earned increment," in the hands of a few; by others, Adickes,' for example, as a tax on special benefit, or a special assessment; by still others, including the general * See Parliamentary Debates of Commons and Lords (1909-10). Also n ^h i c ^ fflgh. ^fax- thao. does ihe.i^cently enacted parcels post system in the United States, for example, try state sGciaKsm. England, for instance, with her vaiue- increment duties is no nearer the Single Tax regime than is this country with her pubUc utilities legislation hear collectivism. ^ First Conference on State and Local Taxation (1907), pp. 384-85. Other authorities corroborate this estimate of undervaluation. Cf. Papers Bearing on Land Taxes, etc. (Cd. 4750), pp. 95, 105. Mr. Purdy, President of the Tax Commissioners of New York City, nevertheless claims that the assessment in New York City represents the full value of the land. There is abundant proof that, excellent as the work of the commissioners is, their land-value assessment is not accu- rately on the full value. (Cf. Cederstrom, Unjust Taxation, passim.) For example, to make the accrued rental, so long as the value of the site is less than the combined value of the land and building, the basis of com- putation of the selling value of the land is not to attain an accurate full value assessment. See Seventh Conference on State and Local Taxation (1913), p. 264. ^r^^. 16 THE TAXATION OF LAND VALUE / In distinguishing between the tax on land value and the Single Tax, we are comparing a tax reform with a social philosophy. The Single Taxers are not interested in the tax as an adequate source of local revenue under existent conditions; they would employ the tax as the weapon with which to clear the way to their Utopia, the essence of which is an ideal society based on an equality of opportunity. The important, ultimate object of the Single Taxers of the Georgean type is the nationalization of the land; the method by which they propose to attain this object is through a one hundred per cent tax ^ on the value of land. In addition, these theorists claim that, with the enormous income from the public domain in the hands of society, the imposition of other taxes will be superfluous. In short, the one hundred per cent tax on land value, and the aboli- tion of all other taxes, that is, the institution of the Single Tax, is merely the machinery necessary in the realization of their Utopian society.'' Contrast this doctrine with the slight tax on land value, adopted in part for fiscal pur- poses, in part in the interest of social amelioration, e.g., to relieve congestion in lu-ban communities, to prevent ^speculation in land, and, on behalf of the community, to appropriate a little of the enormous appreciations in the ^ The writer is aware that the Single Taxers propose to leave the land in the hands of individuals who will practically act as agents of the gov- ernment and who will receive a small share of the land value about five per cent or more as recompense. This, however, does not alter the theory as interpreted above, for the Single Tax is primarily opposed to the private appropriation of land value, hence of private property in land. As to those moderate (limited) Single Taxers who, like C. B. Fille- brown, would limit the Single Tax "to the needs of the state for an effec- tive and economical administration of government," the theory remains unaltered. C/. The A.B.C. of Taxation, p. 153. Moreover, the needs of the state, as Shearman admits, are unlimited. Cf. Natural Taxation, pp. 133-34. * It is interesting in this connection to note that Henry George him- self regarded the nomenclature "Single Tax" as a misnomer. Mr. George's son, in the Life of Henry George, says in a footnote (p. 496), "Mr. George never regarded the term as describing his philosophy, but rather as indicating the method he would take to apply it." THE TAX ON LAND VALUE 17 value of the land, to meet the growing budgets. Nor is ^ the difference between them one of degree, merely; the ( doctrine of abolishing all taxes is as foreign to the princi- \ pie of the tax on land value, as is the confiscatory feature C of the Single Tax. W Having thus attempted to epitomize a complex system, it is necessary to show to what extent it is prevalent. 9. Mention has incidentally been made of the several countries where the tax on land value is in operation. As early as 1873 the Canadian province of British Columbia enacted a wild-land tax, a duty on unimproved land. This tax is in force to-day. New Zealand, the pioneer in social reform legislation, in 1878 passed a measm-e taxing the unimproved value of the land. But the act was repealed in the following administration, and it was not until the nineties that the system was reintroduced into New Zea- land and instituted in Australia. Since then the tax has gained a foothold in numerous Australasian municipali- ties, in its several states, and, in 1910, was made part of the federal revenue system of the Commonwealth of Australia. An interesting experience with the tax on land value, in- stituted in 1898, is furnished by Kiao-chau, the German province in Asia. In Germany, the duty on value incre- ment was first incorporated in the fiscal policies of numer- ous municipalities, Frankfurt a. M. taking the lead in 1904. According to Adolph Damaschke,^ 652 local gov- ernments in Germany had by 1911 adopted the tax. The " Reichszuwachssteuer," the imperial tax, went into effect April 1, 1911. In England, by the enactment of the "Finance Act, 1910," the new duties on land value became law. Turning to Canada, besides the wild-land taxes, a number of local authorities, notably Vancouver and Edmonton, have recently revised their realty taxes, so that they not only axe taxes on land value, but constitute practically the sole * "Geschichte der Nationaldkonomie," p. 649 (Sth ed.). 18 THE TAXATION OF LAND VALUE source of local revenue. It has long been customary in these and other communities of the western provinces to assess the improvements at a lower percentage valuation than the sites. It is noteworthy, not only that the number of municipalities which exempt improvements is increas- ing, but that in Alberta and Saskatchewan general pro- vincial regulations have been enacted providing for the taxation of land value for local purposes, thus assuring the extension of the tendency in that country to rate on land value. 10. Summary: It will be observed that the tax on land value is of comparatively recent origin. And to judge from its protean character, it seems to have had a spontaneous growth. That is, the tax was no theory or scheme of defin- ite form and shape, so to speak, taken over as a whole by this or that country. It would appear rather that the form or forms of the tax which were adopted in the several countries were those that seemed to be most suited to the needs and conditions of the community. That this was actually the case will be seen from the following chapters, in which the causes for the introduction of the tax in the various coimtries will be considered. The following chap- ters will also attempt to explain the nature and the work- ing of the systems in detail, and to clear up the complexi- ties resulting from the numerous methods of exemptions, assessment and rates. CHAPTER II LAND TAXES IN AUSTRALASIA' 1. To Australasia the Western world owes among numerous experiments in social science the system of taxa- tion on the unimproved value of land. Although we have much to learn from an experience extending over several decades, caution must be exercised in our conclusions re- garding the expediency of the tax for countries trammeled by tradition, precedent, slowly evolved social institutions, social classes, and other frictional forces. In respect to the problem in hand, for example, the attitude of the colonists toward land monopoly which has been created and fostered in their own generation, through laws for which they were themselves responsible, must be unlike that of their mother country toward an institution cen- turies old, upon which the very aristocracy and military glory of the country are founded. Thus, the confiscation of the " unearned increment " has less terror for those who have themselves bestowed the right or privilege to it.^ Thus, too, it becomes comprehensible how an Anglo- Saxon people, with the deepest respect for private prop- erty rights, could embody in a recently proposed Land Bill ^ a clause limiting the ownership of land by an indi- vidual to the value of 50,000. This absence of institu- tions sanctioned by tradition is largely responsible for the progressive social legislation in Australasia. The untram- * The Treasurer General of New Zealand, Mr. Ballance, was quoted as saying during the campaign of 1878 that it would be right to tax away the whole unearned increment. CJ. New Zealand, Pari. Debates (1878), vol. xxrx, p. 21. * In a bill proposed in New Zealand, 1906, "It is made unlawful for any one to own more than 50,000 worth of land (unimproved value)." The Australasian, vol. Lxxxi, September 22, 1906, p. 689. 20 THE TAXATION OF LAND VALUE meled character of the colonists is, in fact, the key to their land laws, including the land tax. 2. Bearing in mind this unique attitude of the colonist toward the institution of landed property and his free- dom to make and unmake laws,^ we need only understand the needs growing out of the conditions of land tenure in Australasia to perceive the chief cause of the taxation of land value. The all-important problem which continues to confront the colonies is how to attract settlers. In the early history of the new country a sound land pohcy was of secondary importance. And since, as is well known, the bait that lures the venturesome to a newly opened continent remote from civilization is the possibihty of becoming "land rich," ^ the inducements offered by the government at first were chiefly in the form of land grants and orders from the Crown.' The futility of this policy soon becoming apparent, systems of pm-chase and lease- hold were devised, all of which, however, failed to prevent the wholesale alienation and concentration, in the hands of comparatively few settlers, of large portions of first- * Cf. Vigouroux, L' Evolution Sodale en Australasie (1902), pp. 417-18. * "Are we not afflicted with a land-grabbing mania, an earth hunger"? Cf. The Australian Economist, vol. i. May, 1888, p. 52. "What allures the one immigrant whom we care to welcome? The hope of settling on hia own land in fee." The Australasian, June 20, 1874, p. 776. * This system of free grants continued until 1831 when it was sup>er- seded by the sale of land at auction. The minimum price was at first fixed at Ss., but was increased later to lis., then to iOs. per acre. The terms of payment were liberal and selection of the land by the purchaser before siu-veying was freely permitted. According to the later restrictive policies the maximum amount of country land that could be held by any one individual was, speaking generally, from 640 acres of the first-class, agricultural land to 5000 acres of pastoral, or third-class land. Besides the alienation by grants, squatter sovereignty and sales, a system of leasing for short as well as for perpetual teniu-e, subject to certain conditions of actual residence on the land was devised. To-day the systems of perpet- ual lease and of lease-in-perpetuity are much in vogue in the colonies. For a full and valuable study on the land tenure in Australasia see Epps, Land Systems of Australasia (1894), Also cf. Reeves, State Experiments in Australia and New Zealand, vol. i; Official Year Book of the Common- wealth of Australia (1901-11); New Zealand Offi^d Year Book (1909). LAND TAXES IN AUSTRALASIA 21 class land in each of the colonies, "to the great embarrass- ment of the late comers." ^ The following illustrations of the wholesale alienation of the land throw light on the lax policies of the government, and on the existent conditions of land tenure in the colo- nies. We read that in New South Wales one million acres were transferred to a single company at the rate of 18d. an acre.^ In the middle of the nineteenth century, one squatter occupied for a 10 Ucense more than one mil- lion acres. Again, in 1890, there were in this colony 121 freehold estates of over 40,000 acres each (comprising 11,219,484 acres). ^ In New Zealand thirteen holders oc- cupied 165 runs, covering over 2,500,000 acres.* In an address before the convention of the Australian Workers* Union, in 1915, the following figures were presented to show the extent of the concentration of land holdings in Australia: 95 persons were in possession of 8,418,308 acres; 361 of 10,408,407 acres; 689 of 9,514,769 acres; 1567 of 10,754,656 acres. The holdings of these 2712 per- sons therefore comprised 39,096,140 acres.^ ^ "The frontages have been alienated, the riparian rights have been allowed to get beyond state control, and the total known sources of water supply are in the hands of individuals." The Australian Economist, vol. I, May, 1888, p. 53. "New Zealand had seen the spectacle, extraordinary for so young a country, of thousands of its most vigorous people going abroad in search of work and land." Lloyd, Newest England, p. 107. This was said also of the other colonies. Cf. The Australasian, August 9, 1890, p. 261. * Reeves, op. cit., vol. i, pp. 204 ff. * Australian Economist, vol. ii, June, 1890, p. 38. It is interesting to note that of this vast area only 8385 acres (not counting artificial grasses) were under cultivation. * Reeves, op. cit., p. 243. Cf. also Papers bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 72. In 1891, 7,000,000 acres of freehold and 3,500,000 of leasehold, including much of the best land in New Zealand, according to Mr. Reeves, were held by only 584 owners. Op. cit., vol. i, p. 216. * The Australian Worker, March 4, 1915. That the sentiment with regard to the "wasted heritage" is shared generally is evident from the following passage in The Australasian, a conservative weekly published in Melbourne, Victoria, and opposed to the land taxes: "Within thirty years a population of about three quarters of a million will have mopped 22 THE TAXATION OF LAND VALUE The conditions of land tenure in relation to total area, to population, and to area under cultivation in Australia and New Zealand become further apparent from the sub- joined table. TABLE SHOWING THE PUBLIC ESTATE, AREA UNDER CROP, AND POPULATION PER SQUARE MILE IN AUSTRALASIA IN 1905* aiau Total area in acret Area alien- ated or in procets of alienation Area leased Area un- der cuUi- tation Popu- lation per square mile New South Wales 198,634,880 66,245,760 427,838,080 243,244,800 624,588,800 16.778,000 835,116,800 49.970,335 26,346,802 17,659,874 13,467,924 12,380,035 6,388,953 475,366 123,015,992 17,994,233 240,152,615 89,249,487 145,769,592 1,303,383 103,278.250 2,840,235 3,219,962 622,748 2,255,669 364,704 230,237 4.38 13.67 Queensland 0.76 South Australia Western Australia 0.40 0.19 6.67 Northern Territory .... Commonwealth 1.902,447,120 125,639,289 720,763,561 9.433,455 1.27 66,861,440 26,030,264 17.340.790 1,723.837 7 39 * Compiled from data in Anderson, Six States oj Australia and New Zealand, 1861 to 1906 (Official Statistics), pp. 1, 23, 27. It is to be gathered from the above-mentioned facts that the land problem in Australasia is acute not because of a scarcity of land, but because of a scarcity of free, unalien- ated, arable land. The population of all the colonies is somewhat over five millions. Of these about one and one- half millions live in cities. The area, on the other hand, exceeds 3,000,000 square miles, of which at least one-third is good agricultural and mineral land. In 1909, the acreage of occupied land in New Zealand was over 38 millions, while in the Commonwealth of Australia more than 930 million acres were held by individuals and companies.^ up S3i millions of acres in one of the finest countries of the world." Vol. XX, April 15, 1876, p. 497. ^ Computed from data in the Official Year Books quoted above. Under alienated land was included land held under lease or license as well as that alienated and under process of alienation. LAND TAXES IN AUSTRALASIA 23 This makes a total of over 968 million acres or approxi- mately one and one-half million square miles in private possession. It is noteworthy, however, that of this vast territory under private tenure only about 26.5 million acres, less than three per cent, were, in 1909, under culti- vation. Of the two Commonwealths New Zealand shows the denser settlement, for about forty per cent of its occu- pied land was under cultivation as compared with one per cent in Australia. When we add that each of the seven states has had to pass laws providing for the public re- purchase of land in the interest of denser settlement, the monopolization of land in Australasia is seen to be no mere bugbear. For more than half a century now, the govern- ment has been attempting to undo the evil perpetrated by its own legislation ^ and to bring about closer settlement, a policy which has now become a means of attracting immi- grants. 3. Added to the land legislation, the taxation of the large estates, as a means of overcoming the evils of land tenure, became in the seventies a popular cry. The fact that many of the large landed proprietors were absentees only aggravated the concerted agitation of the colonies.' The progressive land tax to "burst up the large estates" was the liberal nostrum of that time.^ The National Re- * A report on the working of the land system in New South Wales calls it a " huge failure, which fosters the formation of large freehold estates in the best parts of the grazing country." The Australasian, May 12, 1883, p. 593. " The 'law had made settlement hard for the bona fide selector . . . has built up large estates." Ibid., April 15, 1876. The editor would have done with the "liberal land policy." ' ' The following quotation was uttered by one who regarded the tax as a confiscatory, penal tax: "Many of the latter worthies (absentees) left the coimtry for the more promising sphere of operations that New South Wales affords, and we have not even the benefit of their ill-gotten gains being expended in the country." The Australasian, September SO, 1876, pp. 432-33. * "The proposed tax upon absentees ... is merely a concession like the little bit of progressive land tax to a mere popular cry." Ibid., vol. XIX, July 24, 1875, p. 113. "A progressive land tax is popular with a U THE TAXATION OF LAND VALUE form League, to which the university professors of eco- nomics belonged, was active in the movement of checking landed monopoly and absenteeism. Under this influence Mr. Berry ^ in Victoria and Sir George Grey ^ in New Zea- land came into office. Already, in 1875, a progressive land tax ' was proposed in Victoria, but was withdrawn. In 1877, however, the will of the people was carried out and a land tax (not on the unimproved value, however) * was passed by both houses of Parliament. The first tax on unimproved value was enacted the following year in New Zealand through the efforts of John Ballance, Treasurer, and Sir George Grey, Premier. The purpose of the tax is revealed somewhat in the fol- lowing citation from a speech of Mr. Ballance: ^ "And here I may take the opportunity of disclaiming and repudiating the charge which is sometimes made, that the government have in contemplation a class tax. The very contrary is the fact. We hold that the system which we propose to correct has worked unfairly in the past; that it has fav- ored the escape of taxation of the greater portion of the wealth of the colony, and has implanted a strong sense of injustice in the minds of the wage class. The readjustment certain class party of anarchy and confusion simply because it aims at the gradual confiscation of landed estates." Ibid., September SO, 1876, pp. 432-33. Cf. also ibid., February 17, 1877, p. 209. ^ "Mr. Berry declares that he would be delighted if within twelve months every large estate was divided so that the tax did not bring in a shilling into the revenue." Ibid., April 2, 1881, p. 432. * Grey said, "Those who acquire land by unlawful means and so pre- vent its cultivation are enemies of the human race." Ibid., December 23, 1876, p. 819. * The proposed bill was "The Land, Property and Income Tax." The land tax was to be charged on lands, exclusive of buildings, at the rate of Is, in the pound between 80 and 200 annual value, and at Is. 6d. in cases above 200. The annual value was assumed to be five per cent on the capital value of the fee. Ibid., vol. xx, March 25, 1876, pp. 400-01. * The tax fell only on the large estates, and the principle of the tax on land value was violated by the provisions of valuation. See infra, 10. ' Quoted in The Australasian, September 17, 1878, p. 305. LAND TAXES IN AUSTRALASIA 96 we hope to effect will tend to efface the inequalities I have referred to; and instead of promoting hostilities between classes will remove the causes which have been gradually estranging them. . . . We believe that no form of wealth is more legitimately called upon to contribute a portion of the public revenue of the colony than the value of land minus improvements, which for brevity, I shall call the unimproved value, as no other commodity increases so rapidly in value from the increase of population and the natural progress of a country. By exempting improve- ments, we award a premium to industry and discourage a system of speculation which thrives only upon the labor of others." The life of this measure, however, was short. With the overthrow of the liberal ministry in the following year the tax was repealed.^ If each law relative to the taxation of unimproved value for state purposes were reviewed, the charge of class legislation repudiated by Mr. Ballance would be found to be substantiated. Not one would be found which was not actuated by the same motive, the disintegration of the large estates and of absentee holdings.* It was also the avowed purpose of the "Labor Parliament" in enacting the Commonwealth tax in 1910.' Indeed, the provisions of the acts themselves, such as the graduated scale, the exemption of estates of less than 5000, the absentee * "The great landowners trembled. They believed it was putting in the thin edge of the wedge. They rallied all their forces and in one year the tax was repealed and Sir George Grey was punished by expulsion." Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 69, * Cf. New Zealand, Pari. Debates (1878, 1891, 1893, 1896, 1907). The Australasian, vols. LVi, Lix, Lxxxrv, lxxxvi. "With such figures as these, evidencing an earth hunger of an unhealthy character, the sooner a land tax is imposed the better will it be for the development of the col- onies' resources." Australian Economist, vol. n, Jime, 1890, p. 38. ' Commonwealth of Australia, Pari. Debates (1910), vols, lv, lvi, LVii. A candidate in the election of 1910 is reported to have said: "The Labor Party's chief plank at this election is to penalize the owners of the big estates, so that it will be unprofitable to hold them." Quoted by Turner, iThe First Decade of the Australian Commonwealth (1911), p. 286. 26 THE TAXATION OF LAND VALUE rates, give evidence that the enactment of the tax on the unimproved value of land was directed against the holders of large estates. 4. Was the land tax, then, discriminatory class legis- lation pure and simple? Was it mere pretense on the part of the Minister of State that the exigency of the treasury required new sources of revenue? An understanding of the fiscal policy of the colonies throws Hght on this question. For purposes of analysis, the fiscal problems of the federal and state governments must be kept distinct from the problem of local revenue. The weakness of the state finances during the seventies and eighties is attributable to several causes. First, the indebtedness of the colonies and the over-expenditure for purposes of public improvements of all kinds produced an ever- increasing drain on the treasury.^ Secondly, the remission of the tariff duties in some of the states caused a deficit. 2 Thirdly, the loss of the land fund ^ further in- creased this deficit in the colonies. Under these circum- stances direct taxation had to be resorted to. It is signifi- cant, therefore, that synchronously with the movement to reduce the tariff duties which had obviated for a long time the necessity of direct taxation, the land taxes were either proposed or enacted. Now, it might be argued that the fiscal needs of the state government directly brought the land taxes into * About 1880 there was a deficit in the treasuries of all the colonies due to over-expenditure. The Australasian, August 14, 1880, pp. 208- 09. Again in 1887. Cf. ibid., August 20, 1887, p. 360. ' The land tax was proposed as a substitute for the remitted tariff in Victoria in 1875, and again in 1877, when the free traders succeeded in reducing the tariff, and when the tax was passed. Cf. The Australasian, August 21, 1875; January 20, 1877, p. 80; July 21, 1877, p. 80; Septem- ber 7, 1878, p. 305. In New South Wales, the land tax became a law at the same time that the reduction in customs took place, in 1895. Ibid., May 25, 1895, p. 989. * As the land became appropriated the revenue from its sale fell off. Cf. ibid., August 14, 1880, p. 208. Coghlan, A Statistical Account of the Seven Colonies of Australasia (1892), p. 274. LAND TAXES IN AUSTRALASIA 27 existence. This, indeed, seems plausible when the unpop- ularity of the income and general property taxes in Aus- tralasia is considered, for the latter usually constitute the most practical successors of the protective tariff.^ That the land taxes, however, were not intended as substitutes for the income and general property taxes is clear from the fact that in almost all cases they are incorporated with the income tax provisions, and from the fact that the land taxes constitute but a small percentage of the total tax revenue,'^ It is difficult, therefore, to believe that the fis- cal exigencies did more than offer the occasion, the oppor- tune moment, for the enactment of a popular reform. This explains, moreover, why the land-tax propaganda was ineffective during the years of plenty and why the land- tax bill failed of passage in South Australia in 1890.' It also explains why it took the Labor Party a decade to en- act the land-tax bill, although from the first they practi- cally controlled the Federal Parliament.* So long as the treasury was filled, the propaganda was carried on in vain. For federal and state purposes, therefore, the fiscal needs " * So unpopular was the income tax in Tasmania that a ministry actu- ally refused to collect it. The Australasian, April 27, 1907, p. 989. Cf. also ibid., March 4, 1876; July 23, 1881, p. 113. "For bringing in revenue the property tax was an efficient instrument. It soon became, however, exceedingly unpopular, not only among Radical theorists, but among commercial men, shopkeepers and manufacturers. . . . They [the farmers] contrasted their lot with that of comfortable town-dwelling profes- sional men whose substantial incomes went wholly untaxed, and who paid merely on savings and investments. It is necessary to draw atten- tion to the severity and unpopularity of the property tax, for it was these which enabled the land-taxers to win the day in 1891." Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 69. Cf. also New Zealand, Pari. Debates (1891), vol. Lxxrv, p. 24. ' See infra, chapter iii, 7. There was no need of revenue. The Australasian, August 9, 1890, p. 261. "The revenue aspect was a purely secondary consideration." Ibid., February 24, 1906, p. 455. As to the proposed federal land tax, to create a fimd to carry out the pension scheme was said not to be the gen- uine reason. Ibid., April 3, 1909, p. 849. * Ibid., 1904-09, vols, lxxvi-lxxxvu. 98 THE TAXATION OF LAND VALUE aided, but were not the cause of the enactment of the land- tax laws. 5. Turning from the consideration of the land taxes for state and federal purposes to that of the local rates on unimproved value, we see that the situation is very differ- ent. Conceding that large holdings and absenteeism were thorns in the side of the general public and exerted an inJBluence in the adoption of rating on the unimproved value of the land, we find that other more fundamental causes, chiefly fiscal, were responsible for the tax agitation in the local bodies. It is noteworthy that the local taxes on unimproved value antedated the state taxes. Already, in 1878, this system of rating was in vogue in the colonies.^ In tracing the causes that led to the ready adoption of the tax for local purposes, it is first necessary to point out that until the nineties the local revenue in the Australasian colonies consisted chiefly of the "endowments," ^ or grants apportioned among the local divisions by the state govern- ment. Hence there was little need of levying rates, es- pecially as education and local improvements were mainly under state jurisdiction.^ In the eighties, however, as the expenditures of the states increased without a correspond- * "It is reassuring to notice a growing feeling among municipalities in favor of rating on land, irrespective of improvements." Mr. Foxall, "The Principles of Taxation," in The Australian Economist, vol. i. May 12, 1888, p. 45. "It will be recollected that at the late municipal confer- ence a resolution was carried in favor of placing municipal taxation on the unimproved value of land and in the proposed new 'Local Government Bill * municipalities are empowered on certain conditions to carry this into effect, and it is more than probable that the Legislature will en- dorse this power." Ibid., vol. ii, March 20, 1890, p. 1. See also New Zealand, Pari. Debates (1878), vol. xxrx, p. 17. * The "endowment" is an annual subvention voted by the state gov- ernment at fixed intervals to the municipality or other local body and is generally a sum proportioned to the revenue raised by the community through local rates. In other words the "endowment" is proportioned according to the fiscal needs of the local authority. * Until the "Local Government Bill" was passed in New South Wales, all local improvements also were imdertaken by the state government. Cf. The Australasian, August 5, 1905, p. 325. LAND TAXES IN AUSTRALASIA 99 ing increase in the revenue, attempts were made by some of the states to reduce the municipal '* endowments." In Victoria, for example, the exigencies of the treasury, in 1880, necessitated such a reduction.^ This policy in Vic- toria, however, did not involve so important a change in local government as occurred in Queensland in 1890. The finances of Queensland were in that year in a pre- carious condition, and the heavy tax levied on property to pay the municipal "endowments," led to a change in the ministry. Griffith's Coalition Government came into power and succeeded in putting through the legislature the "Valuation and Rating Bill of 1890," by which the powers of the local authorities were extended to raise revenue by rating on the unimproved value of land. In this way the central government relieved itself of subsidizing the local bodies and incidentally introduced the taxation of unimproved value. ^ As to New South Wales, the motive which in 1905 actuated the central government to relin- quish the state land tax in favor of the shires, and then of the municipalities, was not the fiscal need, although a fis- cal problem was involved. It was the desire to shift to the local bodies some of the functions of government, e.g., the administration of local works.^ The legislation, by which the state land tax was relinquished to the local bodies was therefore in the interest of local autonomy. But to say that the extension of local government was the outcome of fiscal conditions explains nothing as to the cause of adopting the new system of levying rates. The reasons for choosing this tax will be found in certain ad- vantages claimed for it in the cases where it was in use. 1 The Australasian, October 30, 1880, p. 560. * The deficit in Queensland amounted to 1,300,000. The Morehead Ministry had proposed an excise tax for state purposes. This proved unpopular. His successor, Mr. Griffith, had always favored the tax on unimproved value and urged it with success. The Australasian, August 8, 1891, p. 265. Cf. also Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, pp. 199-200; and (Cd. 3890), 1908, pp. 6/. * The Australasian, August 5, 1905, p. 325. 80 THE TAXATION OF LAND VALUE These reasons are concisely summarized in the following preamble of a proposed bill of 1891: ^ "Whereas the value of land within a municipality is increased by the expen- diture of rates; and whereas the benefit of all expenditure of public moneys ought to accrue to the public and not to private owners; and whereas the present assessment of rates throws the burden of municipal taxation upon in- dustry and enriches the owners of land at the expense of the rate payers; and whereas such a method of raising rates discourages industry, prevents settlement, and is other- wise inequitable, and unsocial. . . ." In other words, it is here argued that: (1) local taxes should be levied according to the principle of benefit; that (2) the value increment accruing from the appreciation in the value of the land is socially created and belongs to the community; that (3) industry is hampered by the taxa- tion of improvements; that (4) under the system of annual value rating, land is withheld from utilization; and that (5) an unequal distribution of wealth is fostered and immi- gration prevented through the creation of large landed es- tates and absenteeism. In new democratic communities, benefit, i.e., the service which the taxpayer receives in return for his contribution, rather than ability to contrib- ute, is regarded as the fair basis of taxation. In fact, where land is the principal source of wealth and income, and the ratepayers are the owners of land, the value of the land is not alone the measure of the benefit, but also of the ability to contribute. And the theory of "socially created land value" is but an application of the benefit theory which rests on the assumption that the expendi- ture and increase of population influence the value of the land. Again, in such communities it is very obvious that the taxation of improvements tends to discourage the employment of capital and to put a premium on the with- * The Australian Economist, vol. ii, September, 1891, p. 152, Mr. B. R. Wise's bill to amend the Municipalities Act of New South Wales. LAND TAXES IN AUSTRALASIA 81 holding of unused land.^ In fact, in a new country where capital is scarce, the rate of interest high, and land the chief source of wealth, the proposal to exempt improve- ments and to tax the capital value of the land will meet the approval not alone of the landless urban dweller but of the enterprising farmers as well.'' And lastly, the resent- ment of the ratepayers toward the absentee owner of un- improved land ^ who escapes taxation and yet reaps the benefit of the appreciation in the value of the land, is readily comprehensible. 6. But it may be asked, was not, then, the propaganda of the Single Taxers instrumental in bringing the land taxes into operation. The query is, indeed, both plausible and justified in view of the situation. First, the writings of Henry George and Alfred Wallace * were frequently C^^uoteA and discussed.^ Secondly, the activity of the Single Taxers, especially after George's visit to Australasia in 1890, was unremittent. Thirdly, George's presence and his popularity strengthened the cause, "his intellectual charm" and "fine speaking powers" winning many con- verts.^ Unquestionably in a country where land specula- tion and land monopoly were rife, and the land policy of the government was a recognized failure, the Single Taxers discovered a fertile field for their work. ^ ^ The Australian Economist, vol. i, May, 1888, p. 45. Also New Zea- land, Pari. Debates (1878), vol. xxix, p. 58. ' Papers Relative to the Working of Taxation on the Unimproved Value in Queensland (Cd. 3890), 1908, pp. 6/. New Zealand, Pari. Debates (1896), vol. xcii, p. 632. * Land Nationalization (1882). * Cf. The Australian Economist, vol. i, April 14, 1888. The taxation of land and its nationalization were frequently discussed at the meetings of the Australian Economic Association, and also in Parliament. 8 "Mr. George's visit is bearing fruit in the shape of a very general interest being everywhere manifested in the economic problems he has so eloquently proposed and so earnestly desires to see solved." The Australian Economist, vol. ii, March, 1890, p. 19. Cf. also ibid., vol. i. May 26, 1888, p. 49. The Australasian, April 6, 1890, p. 672; March 29, 1890, p. 628. ^ "It is a fact well worthy of the attention of the advocates of high /: y 82 THE TAXATION OF LAND VALUE Nevertheless, admitting the influence that the Single Tax leagues exerted in the movement, there is conclusive evidence that the conception of taxing on unimproved value has had a spontaneous growth in Australasia ^ and that the Utopian philosophy of the Single Tax is accepted by but a small group of devotees.'^ First, the system was in vogue before the eighties and before even the publica- tion of "Progress and Poverty" in 1879. Second, the Vic- torian Land Tenure Reform League had already in 1872 embodied the Single Tax doctrine in its platform.^ Third, tariF that the single-taxers have made converts among the land owners themselves." Ibid., November 3, ISQ*, p. 793. * It might be argued with reason that neither George nor the Austral- asians were the original founders of the Single Tax doctrine, which can be traced back to Spence {Rights of Man, 1775), Ogilvie {Essay on the Right to Property in Land, 1782), Gossen {Die Entwicklung der Gesetze des menschlichen Verkehrs, 1854>), Walras {Th6orie Critique de Vim-pot, 1861) and others. 2 That the Single Tax organizations are no larger than those in this country may be gathered from the following facts: (1) the guaranteed circulation of the Liberator, the organ of the New Zealand Land Values League, is 5000 copies per month and there are two copies monthly; (2) the total receipts for the Joseph Pels Pund of New Zealand from March 30 to October 15, 1913 (including all subscriptions to the Liberator) were only about 219. This sum is small considering Mr. Fels's offer to dupli- cate the amount contributed. ' The following quotations are from a circular of the League which appeared in 1872: "The land is the inalienable property of the inhabitants of every coun- try throughout all generations." " 'No consideration ought to be paramoimt to that of making the land available in the highest degree for the production of food and the em- ployment of industry.' " "Selling the fee-simple of the land is a political misdemeanoiu*, as opposed to justice and reason, as it has proven injurious to the material and moral interests of society." "The alienation of the State lands gives to the landowner the whole improvement in value from the increase of population and national works. The State Landlord preserves all for the benefit of the people." " Land is the State capital, the primal source of food and wealth, and in parting with it our legislators have not only most iniquitously limited the field of profitable employment, but have biu"dened the people need- lessly with double taxation the one a highly unjust system to provide LAND TAXES IN AUSTRALASIA 33 t]^ study of the taxes as enacted makes it apparent that no close analogy exists between the two systems. The numerous exemptions, low rates, progressive scales surely do not reflect the striving of the Single Taxers to make the land tax the sole tax.^ In fact, since the enactment of the taxes, no attempts have been made as was predicted, to tighten the screw or to approach anything like the con- fiscation or the nationalization of the land. In those cases, where, as in New Zealand, the graduated scale of rates has been increased, the purpose has clearly been the disin- tegration of the large estates, nothing more. The land taxes, as well as other social legislation, are accepted by a a general revenue; the other a direct tax on food and the necessaries of life, to enable landlords to live in idleness by the labor of others." "A rent on State lands being light, and for a manifest benefit, would meet all the requirements of a just and desirable means of raising revenue. It would be easily and cheaply collected, and would greatly reduce the expenses of government by rendering unnecessary some of the present costly and otherwise hurtful departments." "While strictly preserving the right of ownership in land for future generations, the greatest possible facilities for actual and productive settle- ment may be afforded." "The advantages of ahnost free land, and the total absence of taxation, would ensure an unexampled condition of steady progress and general prosperity." " With an absolute freedom from taxation, and fvU and unfettered scope for industry, every inhabitant of the country would enjoy a beneficial in- terest from his share in the state lands, whether occupying a portion of these or not." " 'The best political economy is the care and culture of men.' And such a use of the common patrimony, the gift of God to all, would not only promote to the utmost the material welfare of society, but would raise us mentally in the scale of nations, by affording the most liberal culture of which each is capable; special privileges, which should be deemed the inherent right of every member of the community." (Italics by the present writer.) Quoted in Laveleye's De la PropriH& et ses Formes Primitives, pp. S46 jf. ^ The local rates on unimproved value even in Queensland, where they constitute practically the sole source of revenue, are 'low. In fact, the secret of the successful working of the tax there has been claimed to be the low rate of tax, kept so because of the constant great appreciation in land value. Cf. Papers Relative to the Working of Taxation, etc. (Cd. 8890), 1908, pp. 9, 20. (y 84 THE TAXATION OF LAND VALUE large number of the Australasian population, "whose tendencies are very individualistic and who contest with energy the influence of the Labor Party." ^ Summarizing the causes which called the taxes on un- improved value into being, we may say that the land taxes for federal and state purposes owe their origin chiefly to the conditions of land tenure in the colonies, and that the local rates were adopted because of the fiscal expediency of the system. Furthermore, the fiscal exigencies merely furnished the occasion or opportunity, and the activity of the Single Taxers the necessary propaganda for the enact- ment of the laws. 7. From the above analysis of the causes of enact- ment, we turn to the study of the taxes themselves. The following is a summary of the important considerations with regard to the legislation, administration and working of the land taxes in Australasia; (1) Rates of tax and modes of assessment. (2) Methods of valuation and administration. ; (3) Revenue yielded, and other fiscal considerations. (4) Revisions in the laws to carry out their purpose. (5) Social and economic effects of the taxes. It is first necessary to point out the extent in the colonies of the system of the taxation on the unimproved value. The tax for state purposes is now levied by New Zealand and five of the six Australian states, Queensland being the only one that has never levied a state land tax. Since 1905-06 New South Wales has received only a slight reve- nue from the land tax, the state having relinquished the tax in favor of the shires and municipalities which have adopted rating on the unimproved value. It is important to note in regard to the state land tax that in each case it is only one out of a number of sources of public revenue. Thus customs duties, excise duties, income taxes, death duties, licenses, etc., form part of the fiscal system of each * Vigouroux, L'Evolution Sociale en Australasie, p. 222. LAND TAXES IS AUSTRALASIA 35 of the colonies. Furthermore, the land tax is in almost all cases levied in conjunction with the income tax, i.e., under the same administrative machinery and incorporated in the same laws. Again, it is noteworthy, that, before 1910, the land taxes in both Victoria and Tasmania were levied on the capital value of the land plus the improvements.* At present the local authorities empowered to levy rates on the unimproved value of the land are those in New Zealand, New South Wales, Queensland, South Australia, and Victoria. Accordingly, all the local bodies in Queens- land, practically all in New South Wales, and numerous communities in New Zealand, levy taxes, called rates, according to this system. In South Australia, however, no municipality had until 1906 taken advantage of the privilege extended to it in 1893. ^ In Queensland the tax on unimproved value for local purposes is practically the single tax. So is it in those bodies in New Zealand which have adopted the system. In New South Wales all general rates in both the shires and municipalities must be levied on the unimproved value; while the levy of additional general rates in the municipalities, and of all special rates on the unimproved value is optional with the local author- ity. In 1914 rating on unimproved value was made op- tional with the local authorities in Victoria.' It is difficult to measure the extent of the prevalence of the system of rating on unimproved value, for in many communities rating on this basis prevails even where the State Act has not authorized its practice. Certain it is, however, that the adoption of the system is proceeding rapidly. If, as is so generally feared, a land valuation bill * In Victoria it was not the intention of the legislators to enact a realty tax, as it was in Tasmania; nevertheless, because of the peculiar method of valuation the purpose of the tax was frustrated, the tax burdening the grazing industry. See infra, 10. ' Papers Bearing on the Land Taxes, etc. (Cd. 4750), 1909, p. 114. ' By the enactment of the "Rating on Unimproved Values Act, 1914." Victoria, 4 Geo. V, No. 58478. ^' 86 THE TAXATION OF LAND VALUE is the harbinger of local rating on land value, ^ then the adoption of the system in Tasmania, with its Land Valua- tion Act of 1909,^^ may be predicted. In Western Australia many local bodies rate on this basis even though no State Act to the effect exists.^ In this state, indeed, the "Roads Act, 1902" gave Road Boards the option of rating on the basis of the unimproved annual (i.e., rental), or capital, value, except in case of mining and pastoral leases to be rated on annual value exclusively. In accordance with this privilege, out of 105 Boards, 57 now rate on unimproved value, two rate partly on annual and partly on unimproved value, while the rest rate on annual value.* In 1910, the land tax was made a source of federal reve- nue in the Commonwealth of Australia. Like the state land taxes this one constitutes a small percentage of the total tax revenue of the Commonwealth. However, taking all the systems together, federal, state, and local, the bur- den on land in Australasia is considerable. An analysis of the state, local, and federal systems follows. 8. We may first consider the tax for state purposes in New Zealand, where it has been in operation for about a quarter of a century.^ The changes that the provisions of the land-tax law have undergone in this colony since 1891 are noteworthy. These will be treated in the following analysis of the important provisions relating to rates and 1 Cj. The Australasian, July 25, 1908, p. 229; also September 25, 1909, p. 823. Tasmania, 9 Edw. VII, No. 7. The First Annual Report of the Commissioner of the Land Tax of the Commonwealth of Australia (1912), p. 6. * Ibid. 5 The Land Tax Act of 1878, repealed the following year, was a charge of ^d. in the pound of the capital value of the land, deducting the value of all improvements. An exemption of 500 was allowed. Cf. New Zealand, Pari. Debates (1878), vol. xxix, pp. 414-15. The Acts that gov- ern the tax on umimproved value in this colony are The Land and Income Assessment Act, 1891, amended in 1893, 1900, 1903. 1907, and 1912. Cf. also The Valuation of Land Amendment Act, 1908, amended in 1912. For the rate of tax cf. the annual Land-tax and Income-tax Acts. LAND TAXES IN AUSTRALASIA 87 assessment, under (a) the ordinary rate, (b) the graduated scale, (c) the absentee charge, (d) the tax on mortgages, (e) the exemption of improvements. (a) The ordinary rate which has remained unchanged is Id. in the pound of the actual value of the land minus the value of the improvements and minus the value of any mortgages owing on the land. Land whose assessed value does not exceed 1500 is allowed an exemption of 500; if its value exceeds 1500 but is less than 2500, the exemp- tion diminishes by l for every 2 of the surplus value over 1500, so that when the assessed value reaches 2500 or more no exemption is allowed.^ In computing the amount of exemption the value of the mortgage or mort- gages is not subtracted from the value of the land.^ Thus, should the value of the land when the mortgage is included be 2500 no exemption is allowed. The only other exemp- tion ' from the ordinary tax provided for is that in case of an owner incapacitated by age or ill health from earning an income (except from the land) exceeding 200 per an- num. In such a case the exemption may be any sum not exceeding 2000,^ or where the taxpayer is a widow with dependent children, not exceeding 3500,^ at the discretion of the Commissioner of Taxes when he is satis- fied that the payment of the tax in full would entail hard- ship on such owner. (b) In addition to the ordinary tax, a graduated tax is charged on all land whose value is 5000 or above. The graduated scale has undergone many revisions for the purpose of raising the rate on the larger estates. The scale began with a rate of ^d. in the pound on land valued 1 New Zealand, 56 Vic, No. 18, Schedule A, Arts. 1, 2, 2 Ibid., Art. 2. * Barring the usual exemptions of land owned by the government and used for special purposes, e.g., educational, charitable, etc. * New Zealand, 55 Vic, No. 18. 2. ' Amended provision in Land and Income Assessment Amendment Ad, 1912 (New Zealand, 3 Geo. V, No. 10), 86. 857S2 88 THE TAXATION OF LAND VALUE at 5000, rising to l^d. on a value of 210,000, or above, the increment being ^d. for every 10,000.^ Already, in 1893,2 ij^Q scale was slightly modified so that on land of 210,000, or above, the rate was increased from l%d. to 2d. A more drastic amendment was passed in 1903,^ when the rate on all land of more than 7000 unimproved value was raised, and the scale graded to yield 3d. instead of 2d. on the largest estates. In 1907,* the year when the screw was put on with vigor, the progressive tax took the follow- ing form: RATE OF GRADUATED TAX ON THE UNIMPROVED VALUE OF LAND, 50000 TO 40,000 Where the value is 5,000 and less than 7,000, yVd. in the pound 7,000 " 9,000, j\d. ' 9,000 ound on the unimproved value, plus a fur- ther id. in the pound on land over 5000, plus absentee tax, 20 per cent extra. 1903 ' |d. in the pound, plus a further id. additional above 5000; absentee tax as fonnerly. 1904 ' id. in the poimd, plus ^d. extra above 5000, with absentee tax as formerly. 1 Tasmania, 5 Edw. VII, No. 4, 8; 1 Geo. V, No. 37, 2. South Australia, 47 and 48 Vic, No. 323, 8, 11. IMd., 57 and 58 Vic, No. 604. * Papers Bearing on Land Taxes, etc (Cd. 4750), 1909, p. 130. South Australia, 2 Edw. VII, No. 804. Ibid., 3 Edw. VIL No. 838. Ibid., 4 Edw. VII, No. 861. 48 THE TAXATION OF LAND VALUE 1905 * f d. in the pound, plus f d. extra above 6000, with the absentee tax, 20 per cent of total tax. 1906-1912 ' id. in the pound, plus ^d. extra above 5000, absen- tee tax 20 per cent of total. Another revision made in the South AustraHan law was with regard to the definition of absenteeism. Under the Act of 1894 an absentee was any one who had been absent for at least two years immediately prior to the levy of the tax.* It was stipulated that when at least three-fifths of the interest in a company which owns land, or when at least three-fifths of the interest in any land is held by absentees the land should be considered as owned by absentees; but any non-absentee shareholder should be entitled to a re- fund of the amount overpaid by him. The Act of 1902 and the subsequent Acts have revised this section, substi- tuting for the period of two years, one of twelve months. The last state in Australia to introduce direct taxation and the tax on unimproved value of land was Western Australia (1907).* The chief provisions of the Act modeled on the other laws have already been reviewed.^ 11. The systems of local rating on unimproved value in Australia and New Zealand lack the discriminatory features of the state levies and reveal their purely fiscal character. The following, from a report on the "Unim- proved Land Value Taxation in Queensland," con- tains what may be termed the inception and evolution of the idea of exempting improvements from taxation as it 1 South Australia, 5 Edw. VII, No. 894. 2 Ibid., 1 Geo. V, No. 1007. * "Except in the case of life assurance societies doing business in South Australia on the mutual principle, or in cases in which the whole of the income from the land is paid to or for public or charitable purposes in the colony." Cf. South Australia, 57 and 58 Vic, No. 604, 3. * Western Australia, 7 Edw. VII, No. 15 {Land Tax and Income Tax Assessment Act, 1907). ^ See supra, 9. " Papers Relative to the Working of Taxation on the Unimproved Value of Land in Queensland (Cd. 3890), 1908, p. 20. Mr. Corrie, the author of the report, was President of the Queensland Institute of Architects and was for twenty-one years architect and valuer in Brisbane. LAND TAXES IN AUSTRALASIA 49 presented itself in the legislature in Queensland. It is a system "educed, as the gradual development of legislation proves, more or less subconsciously from the germ of the idea . . . that a premium should be held out, or at worst, no discouragement offered, to the improvement of the imexploited lands of a new country. It is a system ... in- tended to provide for some reasonable advantage accru- ing to the land taxed." The conception, however, lay dor- mant until 1890,^ when, for the purpose of meeting an emergency measure to reUeve the consolidated revenue of the state government, the local authorities were empow- ered to levy rates on unimproved value. The most significant characteristic of the Queensland system is that practically all the local revenue is raised from this source. All rates, general, special, and separate,* are levied on the unimproved value. The adoption of this system of rating is moreover obligatory. The general rates must not exceed Sd. in the pound; nor may they be less than id. in the pound. The Act provides, furthermore, that the total amount of special rates (excluding all sep- arate rates) shall not exceed 3d. in the pound.' Certain special rates, for example. Special Water Rate, Special Health Rate, Special Cleansing Rate, Special Loan Rate, may be levied on the basis of the unimproved value of the land, or upon some other basis so that the burden will be distributed according to the benefit rendered.* The mini- mum at which any separate portion of ratable land shall ^ Mr. Corrie traces the beginning of the exclusion of improvements from taxation to the "Divisional Boards Act of 1879." Cf. Papers Relative to the Working of Taxation, etc., pp. 5jf. * Special rates are levied to defray the cost of local improvements and utilities and fall on all the land of the community; a separate rate is one levied for a special benefit of some particular part of the locality and the tax falls on that section alone. A special rate may also be a separate rate, i.e., a "special assessment" but applicable to all the land. Queensland, 54 Vic, No. 24; 1 Edw. VII, No. 27; 2 Edw. VII, No. 19. Queensland, 2 Edw. VII, No. 19, 209-23. Under the Act of 1890 (54 Vic, No. 24, 29) the maximum rate was id. for municipalities. * Ibid.. 216-22. 60 THE TAXATION OF LAND VALUE be valued is 30 per acre in case of town and 20 in ease of shire land; but in ease the same person is the owner of two or more parcels of unoccupied land adjoining each other, they shall be valued as one parcel.^ Unique is the system of taxing public utilities corpora- tions by means of the land tax. Private companies operat- ing tramways, gas mains, electric lines, hydraulic mains, are taxed on the land or public roads utilized by them; but the basis of taxation is not the value of the land. For example, for the operation of tramways a tax of l 10s. on every 100 of the gross earnings of the vehicles of the company running upon the lines is charged. In case the lines extend over into another area the tax is made pro- portionate to the mileage of the route under each local authority.* In considering the operation of this single tax on land for local purposes, it must be remembered that the muni- cipalities in Queensland exercise fewer functions of govern- ment than the municipalities of our country for example. Poor relief, orphanages, education, public libraries, police, criminal prosecutions and prisons, hospitals and asylums, death registration and like functions, are under state juris- diction, paid for out of the consolidated revenue fund of the state government.' It is important to note, on the other hand, that the local governments of Queensland re- ceive but a trifling "endowment" from the state govern- ment * as compared with the local governments in the other Australian states. 12. The "Rating on Unimproved Value Act" which 1 Queensland, 2 Edw. VII, No. 19, 195 (6, 7). * Ibid., 196^. It is interesting to read the following proviso: " The earnings from the running of special vehicles on any car route for the conveniences of work-people may, at the discretion of the Local Authority, be exempted from the provisions of this section, if the rate charged per passenger does not exceed Id. per mile." * Papers Relative to the Working of Taxation on the Unimproved Value of Land in Queensland (Cd. 3890), 1908, p. 14. * See infra, chapter in, 9. LAND TAXES IN AUSTRALASIA 51 passed the General Assembly of New Zealand ^ in 1896 differed from the Queensland Act chiefly in this respect; it extended to the counties, municipalities, and other local authorities the option of rating on the imimproved value of the land, thus making optional what the Queensland Act had made obligatory. The New Zealand measure provides for the adoption of the system by a vote of the ratepayers. The signatures of at least fifteen per cent * of the ratepayers are required to petition for a vote, and a majority of all the votes is necessary to institute the new measure.' A rescinding proposal may be carried or rejected in the same manner of voting as for adopting the proposal. A proposal to rescind may only be demanded, however, after the new rating system has been at least three years in operation. Should the rescinding proposal be carried, the old method of rating is again put into effect. After the institution of one system a rescinding proposal may not be submitted until three years have elapsed, nor may a vote be taken whether to rescind or to adopt of tener than once in three years.* How have the local authorities in New Zealand re- sponded to this privilege? Until 1914, 138 local authori- ties had taken a poll on the proposal to rate on unim- proved value.'' In 106 of these the measure was carried on the first poll. In 8 boroughs the proposal was rejected on the first vote, but was ultimately carried. Besides num- ^ New Zealand, 1896, No. 5. A similar bill had been rejected several years before. In 1893, such a proposal had passed the house, but met defeat in the Legislative Council. New Zealand, Pari. Debates (1896), vol. xcii, p. 631. * The percentage varies with the number of ratepayers in the com- munity. It is twenty-five per cent when the roll of names does not ex- ceed 100; twenty per cent when it does not exceed 300. New Zealand, 1896, No. 5, 5. As amended in Act of 1900, No. 18, 2. New Zealand, 1896, No. 5, 10, 11. ' Statistics of the Dominion of New Zealand, Printed by Authority (Wellington, Mackay), 1911, pp. 659-83; Statistics of the Dominion of New Zealand (1913), vol. iv, pp. 63-64. 69 THE TAXATION OF LAND VALUE erous smaller local bodies, 27 counties, 56 boroughs and 2 cities now rate on land value. ^ In 1913, the total number of counties in New Zealand was 124, of boroughs 115, showing that the new system is more prevalent in the boroughs. In nine cases the attempts to rescind the meas- ure were rejected. In only one locality, in North-East Valley, was the proposal to rescind carried.* The two cities now rating on unimproved value are the largest in New Zealand, Wellington with a population of about sixty-five thousand, and Christchurch with about fifty- five thousand. As regards the rate of levy, the Act merely provides that, where prior to the adoption of rating on unimproved value a hmit of rating-power was imposed upon the local authority, the new rate should be such as to yield a reve- nue equivalent to that under the previous system. The Act stipulates that the rate of 1*. on annual (rental) value shall be deemed equivalent to id. of the capital value.' Until 1911 the option of rating on unimproved value did not apply to water rates, gas rates, electric light rates, sewage rates, or hospital and charitable rates. Upon the vote of the ratepayers these rates may now be levied on the unimproved value.* The provisions of the South Australian Act ^ are similar to those of the New Zealand Act. The adoption of rating on the basis of imimproved value is made optional for any municipality. A poll on the question may be taken upon the petition of at least one-half the number of ratepayers.' The rescission of such a proposal, after the system has been * Statistics of the Dominion of New Zealand, supra. * New Zealand, Statistics of the Dominion (1913), vol. IV, pp. 63-64. Cf, also Papers Relative to the Working of Taxation, etc. (Cd. S19I), 1906, pp. 25 Jf.; also (Cd. 4750), 1909, pp. 78, 135. ' As amended in The Rating on Unimproved Value Amendment Act, 1903, No. 56. 2 (6); New Zealand, 1906, No. 5, 15. * New Zealand, 1896, No. 5, 20; also 1911 (2 Geo. V), No. 11, 5 2. 8 South Australia, 56 and 57 Vic, No. 673. Ibid., 11. I LAND-TAXES IN AUSTRALASIA BS adopted and in operation two or more years, is made pos- sible upon a vote of at least one-half the number of rate- payers.^ 13. The other Australian state whose experience with rating on land value offers interesting study is New South Wales. As pointed out before,^ a land tax for state purposes had been in force in New South Wales since 1895. The movement to extend the taxing powers of the local authorities was the outgrowth of the larger scheme of local government. The chief purpose of the "Local Govern- ment (Shires) Act of 1905 " ' and of the " Local Govern- ment Extension Act of 1906 " * was the organization of the shires and municipalities in order to relieve the state government from some of its functions. As the finances of the state government were in a prosperous condition and there was a surplus on hand,^ the suspension of the state land tax in favor of the newly created shires and municipalities was no hardship to the state government. Accordingly, the above-mentioned Acts provided for the rating on imimproved value by the local authorities and for the suspension of the land tax for state purposes as soon as the shire or municipaUty had levied the first gen- eral rate under the new law.^ The system of local rating in New South Wales, it is noteworthy, is intermediate between those in Queensland and New Zealand. In respect to general rates the tax is obUgatory as in Queensland; in respect to special and other South Australia, 66 and 57 Vic, No. 573, 30, 31. * See supra, p. 41 footnote; New South Wales, 59 Vic, No. 15. The Land and Income Tax Assessment Act of 1895 provided for a tax of Id. in the pound of the unimproved value. An exemption of 240 (which in the case of an owner of more estates than one was made only once) was allowed. New South Wales, Act No. 33, 1905. Ibid. 40, 1906. ' The Australasian, August 5, 1905, p. 325; September 15, 1906, p. 629. C/. New South Wales, Act 33, 1905, 33 (2); Act 40, 1906, 65; Act 16, 1906: Parts xvin, xrs, xx, xxi, xxn. . 54 THE TAXATION OF LAND VALUE rates it is optional as in New Zealand. The levy of a gen- eral rate, which is compulsory, shall not be less than Id. in the pound, nor more than 2d. in the pound in the case of shires; in the case of municipalities (Sydney excepted) the minimum rate shall be Id. in the pound; while the maxi- mum shall yield a sum not exceeding that yielded by a rate of 9d. in the pound on the unimproved capital value plus Is. 6d. in the pound on the assessed annual value. ^ Be- side an additional general rate which is optional with the municipality, special, local, ^ and loan rates may, at the option of the Council, be levied on the unimproved value. The following summary shows briefly which rates imder the New South Wales system are compulsory, which op- tional, and the manner in which the special rates may be instituted: ' " (a) Shire general rates must be only on the unimproved capital value of land. " (6) Municipal general rates must be only on the unim- proved capital value of land. "(c) Municipal additional rates may be either on the unimproved capital value or on the improved capital value at the option of the Council subject to the right of the rate- payers to demand a poll of ratepayers on the question. "(d) Both shire and municipal special, local, or loan rates may be either on the unimproved or improved capi- tal value subject to the right to demand a poll as above.'* The City of Sydney, the metropolis of New South Wales, was not subject to the rating provisions of 1906, because it is under a separate constitution and government. Until * "The assessed annual value of ratable land shall be nine-tenths of the fair average rental of such land with the improvements (if any) thereon: provided that such assessed annual value shall not be less than 5 per cent of the unimproved' capital value whether improved or unim- proved." Act 16, 1906, 134; also 150, 151. * Local rate is a "special assessment" rate. Ibid., 153-58. * Papers Relative to the Working of Taxation of the Unimproved Value of Land in New South Wales (Cd. 3761), 1907, p. 5. LAND TAXES IN AUSTRALASIA 55 1908, all rates in Sydney were levied on the annual rental of real property. But under the "Sydney Corporation (Amendment) Act, 1908" the system of rating on the changed basis was inaugurated.^ Accordingly, the coun- cil is authorized to levy a general rate on the unimproved value in addition to any rate already in force. That is, part or all of the revenue of Sydney may now be raised by the new method.^ The total amount leviable shall not exceed the amount which would be yielded by a rate of 3d. in the pound on the unimproved capital value and 23. in the pound on the average annual value taken together, of all the ratable property in the city. The general rate on un- improved value shall not be less than Id. in the pound. Thus it is evident that the major portion of the local revenue in New South Wales which is contributed by the general rates is raised by the tax on unimproved value. Except for the alienated lands within the Western Division of the state (not yet included under shire and municipality areas),' the state land tax stands suspended, and the " en- dowments" to the local governments have been reduced. 14. Besides the state and local land taxes, the federal tax remains to be analyzed. In 1910, the Governor-Gen- eral of the Commonwealth of Australia in his message to the Houses of Parliament then assembled proposed the taxation of land on its unimproved value in the interest of closer settlement.* The proposal had been in the platform of the Labor Party almost since the federation of the states in 1901.^ The occasion, namely, the fiscal need, was, how- ever, lacking. But when the "Labor Parliament" with a * New South Wales, Act No. 27, 1908. "An Act to provide for levying rates on the unimproved value of land in the City of Sydney," etc., Partn. Ibid., 4. * The First Annual Report of the Commissioner of Land Tax of the Commonwealth of Australia (1912), p. 4. * Commonwealth of Australia, Pari. Debates, vol. lv (1910), p. 8. * The Australasian, February 24, 1906, p. 455; April S, 1909, p. 849, and elsewhere. M THE TAXATION OF LAND VALUE majority in both Houses came into power, revenue for the federal pension system, "^ as well as the encouragement of denser settlement, was made the excuse. There is no question, however, that the ulterior motive in the minds of the legislators and their constituents was the subdivision of the large estates, especially those belonging to absen- tees. ^ This purpose is apparent from the provisions of the Act itself. Thus by far the most important clauses of the "Land Tax Assessment Act, 1910" ^ are those which dis- tinguish between the rate of tax on absentee and that on non-absentee holdings and which exempt 5000 value in case of the latter holdings. " The taxable value of all the land owned by a person is **(a) in the case of an absentee . . . the total sum of the unimproved value of each parcel of land; *\h) in the case of an owner not an absentee . . . the balance of the total sum of the unimproved value of each parcel of the land, after deducting the sum of 5000. Every part of a holding which is separately held by any occupier, tenant, lessee, or owner, is deemed to be a sep- arate parcel." * An absentee is one who does not reside in AustraUa or in a territory under the authority of the Commonwealth, and the word is defined to include a person who is absent from Australia at the time of the assessment or who has been absent more than half of the period of twelve months 1 The Australasian, February 24, 1906, p. 455 ; April S, 1909, p. 849, and elsewhere. * Commonwealth of Australia, Pari. Debates (1910), vol. lv, pp. 16, 18, 64, 140, 144, et passim. "Our policy is to break up the big estates and to make room for immigrants. . . . We are desirous of breaking up these huge estates because to the people this wealth belongs," etc. Commonwealth of Australia, Nos. 21 and 22 of 1910, 11. * The High Court has interpreted this to mean that an owner may be taxed on the aggregate unimproved value of the parcels of land which he holds less the sum of 5000. Cf. First Annual Report of the Commissioner of Land Tax of the Commonwealth of Australia (1912), p. 14. LAND TAXES IN AUSTRALASIA 67 immediately preceding the assessment.^ Every absen- tee, furthermore, must be represented by some person in Australia. In case there is no authorized agent the person who transmits income to the owner is held liable for the tax. The public oflScer of the company ^ is held to be the agent of an absentee shareholder who is subject to the land tax. In accordance with the intention of the law to hold all persons who derive income from land of taxable value liable as owners, some specifications with regard to lease- holds, corporation holdings, and mortgaged land had to be made. So with respect to leaseholds, if they antedate the Act, the lessee pays the tax on the difference between the capitalized value of the rent paid by him and the actual unimproved capital value of the estate.' If his rent be four and one-half per cent or more of the unimproved capital value, he is not liable for the tax, the assumption being that four and one-half per cent (the average earning rate of mortgages) is a fair rental.* In case of a leasehold acquired since the date of the Act, the lessee is deemed the owner, although liable only to an amount proportionate to his interest in the land.^ In order to make absentee share- holders liable, the company is required to furnish the names of the absentee shareholders and of the other shareholders . Commonwealth of Australia, 1910, No. 22, 3. * First Annual Report of the Commissioner of Land Tax, etc. (1912), p. 8. * In computing the imimproved value of the lessee's interest in the land, the imexpired tenn of the lease must be taken into account. * "The assumption appears reasonable that any earning value of a property in excess of 4^ per cent (average earning rate of mortgages) is attributable either to the improvements or the effective use made of them by the person in occupation." Ibid. ' Commonwealth of Australia, 1910, No. 22, 27. As the commissioner of the land tax points out, the effect of this provision is that the owner of an estate leased by him to another may, in his returns, omit the inclusion of this estate with any other estates which he owns, thus evading the payment of a higher rate that he otherwise would be liable for. Cf. First Annual Report of tlie Commissioner of Land Tax, etc. (1912), p. 15. 58 THE TAXATION OF LAND VALUE who own more than 5000 worth of land, including other land held by them, for the amount of taxable estate, and the rate of tax varies with the kind of ownership, whether absentee or non-absentee. The practice of the commis- sioner of the land tax ^ is " to ascertain the unimproved value of that part of a company's land corresponding to a single share, then to require the company to supply the department merely with the names of shareholders who own shares to the number deemed worth the trouble of assessment." The company is not regarded as an ab- sentee; hence it is taxable only when the estate owned by it is valued at more than 5000. With respect to mort- gages, no deduction from the unimproved value of the land is allowed. The mortgagor is deemed the primary tax- payer except in case of bankruptcy when the mortgagee comes in possession. ^ In accordance with the provisions of the Act, the Fed- eral Parliament fixed the following rates: ' (a) In case of an owner not an absentee an exemption of 5000 is al- lowed, above which value the rate of the tax is Id. on the first pound of excess, increasing at a uniform rate, so that the tax is equal to an average rate of l^d. in the pound on an estate having a taxable value of 15,000, 2fZ. in the pound when the taxable value is 30,000, 2^d. in the pound when it is 45,000, 3d, in the pound when it is 60,000, and S^d. in the pound when it is 75,000. In excess of 75,000 the rate of tax is Qd. in the pound. (6) In case of an absentee no exemption is allowed; and the rate of tax is Id. in the pound on the first 5000, 2d!. on the first pound above 5000, the rate increasing after * First Annual Report of the Commissioner of Land Tax, etc. (1912), p. 9. ' Commonwealth of Australia, 1910, No. 22, 31. * The same schedules were readopted by the Parliament of 1911 and 1912. Cf Commonwealth of Australia, 1911, No. 12, and 1912, No. 37. Toward the end of the session in 1914 the rate of the federal land tax was increased. Cf. The Australian Worker, January 14, 1915. LAND TAXES IN AUSTRALASIA 59 that uniformly, so that it equals an average rate of 2id. in the pound on the excess over 5000 when the taxable value is 20,000, Sd. in the pound when it is 35,000, S^d. in the pound when 50,000, 4d. in the pound when 65,000, and 4|c?, in the pound when 80,000. When the taxable value is in excess of 80,000, the rate of tax is 7d. in the pound. Reduced to tabular form these rates are as follows: * RATES OF TAX INCREASING WITH EVERY POUND OF TAXABLE VALUE Non-absentee estate Absentee estate 5.001 to 15,000, Id. to 114. 5,000 or less. Id. 15,000 " 30,000, l|d. " 2d. 5,001 to 20,000, 2d. to 2H 80,000 " 45,000, id. " i^d. 20,000 " 35,000, 2^d. " 3d. 45,000 " 60,000, 2^d. " 3d. 35,000 " 50,000, 3d. " 3H 60,000 " 75,000, 3d. " 3^d. 50,000 " 65,000, 3U- " 4d. in excess of 75,000, 6d. 65,000 " 80,000, 4 New South Wales, 69 Vic, No. 15, 67. * The question whether minerals, a wasting asset, should be considered aa part of the value of the land or whether they should be deducted as other products is of more than theoretic importance as will be shown later. 72 THE TAXATION OF LAND VALUE land." * Likewise, New Zealand exempts minerals as well as timber and flax. But this proviso is made: "if the com- missioner is of opinion that any land containing minerals or having standing timber or flax thereon is not being worked or used in good faith and to an adequate extent for the purpose of extracting the said minerals, or of cutting the said timber or flax, such minerals, timber or flax shall be excluded from the provisions of this section and land tax, both ordinary and graduated, shall be assessed and paid." ' Under the Commonwealth Act, however, all minerals imder private ownership,' except gold and silver, which are specially reserved to the Crown and which can only be removed by lessees of the Crown or by special agreements with the owners, are part of the taxable, unimproved value.* When minerals are included under imimproved land, the difliculty of ascertaining their value is encountered, since the value of minerals before the mine has been worked can only be guessed at. Li such cases the valuer must not only fix a speculative value for the unworked minerals, but must deduct from such value any expenditures incurred by the owner in boring, probing, and otherwise testing the mine. Having defined "improvements," the next query is how to estimate their value. The " ' value of improve- ments ' means the added value which at the date of valua- tion the improvements give to the land." ^ Simple as this definition sounds, it involves many practical diflBculties. To ascertain the unimproved value of the land it is neces- sary (a) to deduct from the capital value the expenditure for all improvements that have enhanced the value of the 1 Victoria. 1 Geo. V, No. 2284, 37. * New Zealand, 7 Edw. VII, No. 18, 22. * Mines held under leasehold from the Crown are not taxable. * First Annual Report of the Commisaioner of Land Tax of Common- wealth of AvMralixi, p. 16. New Zealand, 3 Geo. V, No. 15, 3. LAND TAXES IN AUSTRALASU 78 land and only in so far as they have enhanced the value, that is, should the expenditure have been made unneces- sarily or wastefuUy without producing an appreciation in value, such outlay is not deductible; (6) to deduct the value of the outlay, if the benefit of the improvement be unexhausted at the time of appraisal; otherwise, that is, if the improvement no longer affects the value of the site, irrespective of the original cost of such improvement, no deduction shall be allowed; (c) not to allow for any appreciation in value due to a public improvement unless it has been paid for by a special assessment levy; (d) to allow only the original cost of the improvement irrespective of the appreciation in excess of the cost.^ "It is the actual improvement which is valued, not the effect of that improvement. For instance, supposing that the expenditure of a small sum in cutting an outlet for water had converted a swamp into first-class agricultural land. The fact that the swamp was capable of easy drainage would enhance its unimproved value, and the cost only of cutting the drain would be valued as the improve- ment." 2 The difficulty of adjusting the relative values of the in- terests in the land among the owner, lessee, and often sub- lessee is met in various ways by the several states. In gen- eral, the principle is adhered to that the owner of the fee-simple shall be held liable for the tax. Nevertheless, to respect contracts entered into prior to the enactment of the tax, the lessee is sometimes deemed the owner. For example, where the rental of a leasehold does not change with the value of the land, and where the lessee binds himself to pay all taxes, the latter may be held liable; for ^ " Provided that the value of improvements shall in no case be deemed to be more than the cost of such improvements estimated at the time of valuation, exclusive of the cost of repairs and maintenance." Cf. New Zealand Official Year Book (1913), p. 850. Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 150. 74 THE TAXATION OF LAND VALUE in that case the owner, it is assumed, would be unable to recoup himself for the payment of the tax, while the lessee would pocket the appreciated land value. On the other hand, the possibility of reversion at the termination of the lease presents another aspect of the question, for from this standpoint the owner of the fee-simple may be deemed the rightful taxpayer.^ In general, therefore, attempts are made to compute the respective interests of lessor, lessee, and sub-lessee, by taking into account (1) the unexpired term of the lease, (2) the annual rent agreed upon, and (3) the terms of the lease, as to the rights of renewal, compen- sation, etc. By reason of the agreements under leasehold, the capi- tal value of leased land must often be determined by other criteria than its unencumbered market value. For ex- ample, under the Commonwealth Act the imimproved value of leaseholds is ascertained by assuming that the actual rental paid by the lessee is four and one-half per cent of the unimproved value. This assumption is based on the average rate on mortgages, which is held to represent the earning value of the property; any excess over four and one-half per cent is attributed to the improvements or to the owner's exertions.'^ Or in Western Australia, the unimproved value of land held under any leasehold estate or interest from the Crown, without the right of purchase, is computed at a sum "equal to twenty times the excess of the amount of the fair annual rent at which the land would let under such reasonable conditions as a bona fide lessee would require, assuming the actual im- provements (if any) had not been made, above the annual rent . . . reserved by the lease." ' 1 New Zealand, 3 Geo. V, No. 10, 39; Victoria, 1 Geo. V, No. 2284, 39, 40. * First Annual Report of the Commissioner of Land Tax of the Common' wealth of Aiistralia, p. 8. In New Zealand "the fair market annual rental of any property is assumed under the Act to be five per cent of its total value." New Zealand Official Year Book (1913), p. 857. Western Australia, 7 Edw. VII, No. 15, 2. LAND TAXES IN AUSTRALASIA 75 To complete the series of definitions laid down for the guidance of the valuer, the meaning of "imimproved value" is quoted from the New South Wales' Act of 1895.^ "'Unimproved value' means, in respect of land, the capital sum for which the fee simple estate in such land would sell, under such reasonable conditions of sale as a bona fide seller would require, assuming the actual improve- ments (if any) had not been made, and in case of condi- tionally purchased land, of which no grant shall have been issued, after deducting also the balances or amount of purchase money due to the Crown in respect of the same: Provided that the unimproved value of lands reclaimed from the sea, or from any harbor or river, or made fit for building purposes by leveling or quarrying, or by the erec- tion of retaining walls, or by any similar operations or works, shall be the capital sum for which the said land would sell imder reasonable conditions, after deducting from such sum the cost of reclamation or making, as well as all other improvements." It is clear from the above definition that "unimproved value" means neither the "prairie" value of the land, nor the present value of the bare land, regardless of the general progress of the locality, of the public improvements, and of the utilization of the adjoining area. All these influences indeed do affect the unimproved values of the district. In seeking to ascertain the unimproved value of some par- ticular parcel of land, then, the valuer should view it in relation to the surrounding land, assuming that the parcel under consideration was alone unimproved. And the amount by which the capital value of the property exceeds the site value constitutes the value of the improvements. 5. Summarizing the general system of valuation, it is necessary to point out that there are two methods of pro- cedure in estimating the unimproved value of the land. The one is to deduct the value of the improvements from , New South Wales, 59 Vic, No. 15, 67. 76 THE TAXATION OF LAND VALUE the selling value; the other is to appraise the unimproved value of the land directly, without regard to the value of the improvements. To what extent the first, which is the simpler and less scientific, process of computation, is prac- ticed, it is impossible to say. The second method, however, is theoretically the more correct one, and the one to which the New Zealand Valuation Department aims to conform. The valuer is there expected to ascertain separately the imimproved value, the value of the improvements, and the capital value of every parcel of land.^ With these three values before him, he can check up his estimates. If, for example, he finds that the combined estimates of the un- improved value and the value of the improvements do not equal the estimated selling or capital value, he must re- adjust those values, bearing in mind that the value of the improvements is the difference between the selling and the unimproved values of the parcel. In this way there is more prospect of attaining an accurate valuation than by the first method referred to above. There appears also in the Queensland statute ^ a sug- gestion that the second method may be there employed. The clause reads; "Except as hereinafter otherwise pro- vided the value of any ratable land shall be estimated at the fair average value of unimproved land of the same quality held in fee-simple in the same neighborhood." Elsewhere, also, there is a recognition that the unimproved value of any piece of land is related to the value of the other land in the community. "It is, however, assumed," says the federal Commissioner of Land Tax, Mr. McKay,' "that the property under valuation has its present day environ- ment and is subject to all communal influences that affect value. Whatever is due to such communal influence is tax- 1 New Zealand Official Year Book (1913), p. 846. The valuer is expected to regard each piece of land "as if it alone had not been improved at the date of the valuation." * Queensland, 2 Edw. VII, No. 19, 195. (Italics mine.) First Annual Report of the Commissioner, etc., p. 14. (Italics mine.) LAND TAXES IN AUSTRALASIA 77 able as part of the unimproved value." And yet, in spite of this recognition of "community value," no "cadastral" system of scientific valuation based thereon has been developed in Australasia such as is beginning to be em- ployed in this country.^ To what degree of accuracy the valuers attain under the system of valuation in Australasia it is difficult to say. Much depends upon the efficiency of the administration. According to the official reports ^ the system of valuation in New Zealand is said to be efficient. Several factors, as already noted, have operated to produce this result. First, the assessments are used not only by the government in granting loans, but by "trustees, executors, private lend- ers and purchasers," and for other purposes. Second, the government retains the option of purchase in case of dis- agreement between the owner's and the commissioner's estimated value. Third, the assessment roll is used for local purposes and is open to the owners for inspection and comparison of one another's valuations. Fourth, the valu- ing department is centralized and the officials are respon- sible to the department, not to party constituents. Nevertheless, that the system in South Austraha does not attain accurate returns is attested by the following statement from the report of the First Commissioner of Taxation.' "There has throughout been no straining after high values. Valuators have been instructed to give fair and uniform values, founded as far as possible on sales, and on values generally recognized in each particular locality. This is the principle that has been aimed at, and * Cf. infra, chapter vn, 12. Cf. Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, pp. 146-47. Also pp. 78-79. " Although there has been a considerable rise in assess- ments generally since the valuing department has been fully organized, there does not appear to be any widespread discontent with, or distrust of it. The Treasury and the municipal bodies have received better returns, but there is no reason to suppose that the property owners have been oppressively assessed." Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 129. 78 THE TAXATION OF LAND VALUE the fact that the assessment for the city of Adelaide comes out at 9,558,452, being 5,467,548 or more than one-third less than the latest Parliamentary estimate for it, may, I think, be taken as some evidence that, at all events, ex- treme values have not been resorted to." The Commis- sioner of the Commonwealth Tax reports as follows con- cerning the first valuation made: ^ "The fact remains that some of the shire unimproved values are, in the opin- ion of the departmental valuers, far below the actual sale value of the land, which is the true taxing value. The land- owning class is often directly represented on the shire coun- cil, and there is a tendency on the part of bodies so consti- tuted to limit the values, and the consequent tax, for local government purposes." The evidence is general that the system of land valuation, taking Australasia as a whole, lacks scientific accuracy and expertness, although uni- formity in valuation, and therefore a certain degree of efficiency, is there attained. 6. The consideration of the administration of the land tax raises the question of its fiscal importance. It is a well-known paradox that an evident incompatibility exists between the fiscal and social interests when taxation is employed to check or prevent a social ill. For example, the federal tax of ten per cent on note issues of state banks is prohibitive and wholly unproductive as a source of revenue. Or, a protective tariff, if wholly effective, would yield a comparatively trifling revenue. So in judging of the efficacy of the land taxes from the revenue receipts we must bear in mind the purpose of the taxes. ^ According to the analysis in the preceding chapter, the purpose of the state and federal taxes was not the same as that of the local systems, the former aiming at disintegration, the latter at * First Annual Report of the Commissioner of Land Tax, etc. (1912), p. 10. * The following quotation shows this incompatibility well: "Mr. Berry declares that he would be delighted if within twelve months every large estate was divided so that the tax did not bring in a shilling into the revenue." The Australasian, April i, 1881, p. 432. LAND TAXES IN AUSTRALASIA 79 revenue. This fact must be borne in mind in treating of the fiscal aspect of the taxes. It may well be, however, that a tax may prove at one and the same time a productive source of revenue and an agent of social reform. Thus, the Australasian graduated land tax may not have disintegrated the large estates, nor the absentee tax prevented absenteeism; nevertheless, it may have acted as a discouragement to both and have made the large estates bear a heavier burden so long as they endured. At the same time the tax may have estab- lished itself as a permanent part of the fiscal system. In the following sections, then, we shall attempt to discover the expediency of the tax on unimproved value as a fiscal measure. 7. Tables I and II below show the revenue yielded over a period of sixteen years by the land taxes levied for TABLE I. RECEIPTS FROM THE DOMINION LAND TAX IN NEW ZEALAND 1 Per cent of Year Ordinary Graduated Absentee Total total land tax tax tax receipts tax to total tax revenue 1897-98... 193,348 73,353 586 267,287 1898-99... 231,871 83,220 962 298,053 1899-00... 215,955 76,683 990 293,628 10.16 1900-01 . . . 222,353 71,406 825 294,584 9.68 1901-02... 233,545 78,214 1,076 312,835 10.05 1902-03... 217,307 77,832 923 296,062 9.03 1903-04 . . . 232.774 98,681 3,536 334,991 9.18 1904-05... 254.727 94,703 3.425 352,855 9.40 1905-06... 277.144 104,949 8.663 385,756 10.04 1906-07... 317.176 125,929 4,237 447,342 10.49 1907-08... 346.166 186,000 5,680 537,846 11.58 190a-09... 889.844 209,248 5,809 604,901 13.82 1909-10... 417,668 220,044 4,558 642,270 15.13 1910-11... 416,426 209,493 2,804 628,723 12.99 1911-12... 439,398 205,114 2,503 647,015 12.21 1912-13... 475.281 251,275 2,080 728,636 13. * Compiled from the following sources: Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 74; New Zealand Official Year Book (1909), THE TAXATION OF LAND VALUE TABLE 11. REVENUE FROM THE STATE LAND TAXES IN THE AUSTRALIAN STATES ^ Year N.S. Wales S. Australia W. Australia Victoria* Tasmania* 1897-98... 364,181 81,508 115,451 37,226 1898-99... 253,901 77,622 108,745 37,577 1899-00... 286,227 78,404 108,722 38,866 1900-01 . . . 288,369 79,908 97,948 38,915 1901-02... 301,981 76,350 97,862 39,337 1902-03... 314,104 105,024 92,867 41,862 1903-04... 322,246 77,369 106,445 50,881 1904-05... 332,530 115,032 97,840 54,151 1905-06... 336,785 94,374 103,556 54,776 1906-07... 345,497 90,200 92,438 56,065 1907-08... 178,889 93,762 11,140 89,496 57,742 1908-09... 80,794 92,158 33,120 85,559 69,651 1909-10... 9,066 94,126 34,344 114,357 79,021 1910-11... 7,438 135,614 87,871 210,640 64,932 1911-12... 6,479 118,725 45,166 293,823 81,234 * The land tax in Victoria and Tasmania was levied on the improved value until WlO-11. state purposes. In Table I, we note an increase, during the interval, 1897-1913, of about 145 per cent in the ordi- nary tax, of about 242 per cent in the graduated tax, and of about 255 per cent in the absentee tax, while the total receipts from all three taxes in New Zealand show an in- crease of about 172 per cent. In considering the increase in the receipts of the ordinary tax, which of course consti- tutes the most substantial portion of the land tax, it is significant to note that the appreciation in the unimproved value of the land upon which the tax is levied was during the same period over 152 per cent.^ This shows a rough p. 691; New Zealand Official Year Book (1912 and 1913); Statistics of the Dominion of New Zealand (1910). * Compiled from the following sources : Official Year Book of the Common- toealth of Australia, vol. i (1901-07), and vol. v (1901-11) ; Coghlan, Statis- tical Account of Australia and New Zealand (1903-04); Victorian Year Books; Statistical Register of the State of South Australia, for years 1903-1 1 . The unimproved value was, in 1897, 84,401.244; in 1913, 212,- 068,468. New Zealand Offi/dal Year Book (1913), p. 859. LAND TAXES IN AUSTRALASIA 81 correspondence between receipts and the value of the land, the rate of tax having remained the same. Again, keeping the changes in the rate of the graduated and absentee taxes in mind, the rise in yield of the graduated tax, in 1903-04, and from 1907-08 on (see column 3), is noteworthy, for in those years the tax rate was increased. A comparison of the total receipts since 1907-08 ^ (colunm 5) makes clear the heavy burden which now falls upon the large holders and which they prefer to bear rather than to dispose of their estates. On the whole the receipts from the graduated and absentee taxes show great fluctuations and are imlike the more steady increase of the ordinary tax. The fact that the revenue from the graduated tax has increased may be regarded as proof of the ineflScacy of the tax to disintegrate the large holdings. But the effect on absenteeism, judging from the receipts from absentees, is significant. Since 1910, when the absentee rate of tax was increased from twenty per cent to fifty per cent, the receipts as shown in colunm 4 have been growing less. This may signify that the number of absentee owners of the very large es- tates, at any rate, is decreasing as a result of the heavy burden of the discriminatory tax. From the last column of the table, showing the propor- tion that the total receipts of the land tax bear to the total tax revenue of the central government, it is clear that the land tax constitutes but a small proportion of the tax receipts, and a very much less proportion of the whole budget.'^ The slight variations in the proportion which on the whole tends to increase show, however, that the land tax has become an integral and permanent part of the fiscal system. Compared with the yield of the income tax, the land tax is, indeed, more productive; for example, ^ The great increase in receipts for 1909-10 can be explained only by the fact that the additional rate came into effect on March 30, 1910, before the fiscal year had ended. * The revenue derived from taxation was, in 1911, 4,837,322, the total revenue 10,297,273. The New Zealand Official Year Book (1912), p. 763. 82 THE TAXATION OF LAND VALUE in 1908-09, the revenue of the land tax was almost dou- ble that of the income tax, 604,901, as compared with 321,044.1 Turning to Table II we fail to note the same steady in- creases in receipts in some of the states as were found in New Zealand. The fluctuation in receipts shows in part the effect of the revisions in the Acts. For example, the fall in yield in New South Wales since 1907-08 is obviously attrib- utable to the suspension of the tax in favor of the local governments. With regard to the great increases in revenue in South Australia, in 1902-03 and 1904-05, it will be re- called that an additional rate was levied in those years. The explanation of the enormous increase in 1910-11 over all previous years is that there was a new assessment in 1910 and the ratable value of the land had increased from 68,214,887 in 1910 to 75,943,584 in 1911.2 Land "booms" and the subsequent depressions in value may be responsible for some of the fluctuations noticeable, e.g., the proceeds for 1898-99 show a decided decrease in land value in New South Wales, South Australia, and Victoria. Compared with the total tax revenue for the year 1906-07, the last year before the suspension of the tax, the land tax in New South Wales constituted about twenty-five per cent of the total tax receipts, in South Australia about twenty-two per cent, and in Western Australia (1910-11) about eleven per cent. When we consider, however, that all tax receipts form a very small percentage of the total revenue, 7.42 per cent in New South Wales, 13.05 per cent in South Australia, and only 8.45 per cent in Western Aus- tralia,' the insignificance of the land tax, fiscally consid- ered, becomes obvious. The revenue receipts shown in the table for Victoria and The New Zealand Official Year Book (1909), p. 691. * Offixdal Year Book of South Atistralia (1913), p. 168. Statistical Regis- ter of the State of South Australia (1911), pt. vi. Qfficicd Year Book of the Commonwealth of Australia (1901-11), p. 815. LAND TAXES IN AUSTRALASIA 83 Tasmania until 1910-11 represent the yield of the realty tax, not of the tax on unimproved value. The change to the latter mode of taxation has brought some interesting variations in receipts. It is noteworthy that in 1910-11, the first year of the tax on land value in Victoria, the revenue nearly doubled, and that in the last year shown in the table, the increase over the preceding year was more than 39 per cent. This is to be accounted for by the pro- vision abolishing the liberal exemptions formerly allowed. In Tasmania, the exemption of improvements, formerly taxable, caused a diminution in the taxable base, reduc- ing the yield of the tax in spite of the increase in the rates of the graduated scale. But, the decrease in receipts was slight in view of the fact that a special super-tax had been levied in 1909-10.^ The following year, however, the deficit was more than made up, as will be noted. In both states the change to the new system has been fiscally ad- vantageous. As regards the tax in Western Australia, its steadily increasing yield is noteworthy, but as has been shown, it constitutes a very small percentage of the whole budgetary revenue. 8. From the fiscal standpoint the federal land tax is as unimportant as the state taxes. Since its levy the tax has yielded the following revenue i^ 1910-11 1,404,969 1911-12 1,445,260 1912-13 1,385,024 Comparing these receipts with the total revenue re- ceipts of the Commonwealth, we find that the land tax constituted (1911-12) about six per cent of the whole. The following report of the particulars of the land-tax assessment is for our purpose very significant:' Statistics of the State of Tasmania (1913-14), p. 332. * Commonwealth of Australia, Official Statistics, Monthly Bulletin No. 12 (December, 1912), p. 31; Bulletin No. 24 (1913), p. 40. ' Official Statistics, Commonwealth of Australia, Monthly Bulletin No. 12 (December, 1912), p. 34; Finance Bulletin. No. 5 (Summary 1901-11), p. 13. a a S5 1-8-2 S S 8 III 55 o>co (SCO 060 0095 Ota cooT so n ^^3 35 III 5i:2 >o to moo ooof S3 III I B 3 S-" *09 ofpH 5S eoo ?S etco *5 oco oof tna> OIH s? CT3 a g ^^^ 3 fe "a 5 S'H S " a- |6 -!.a 86 THE TAXATION OF LAND VALUE It will be noted that the tax charged on rural land was more than twice the amount collected on urban land. It is in the country, of course, where the large holdings exist. There were in all 13,387 ^ taxpayers and of these about one-sixth were absentees. The area owned by these 13,- 387 persons was 72,528,271 acres, giving an average of 5418 acres to the person. There were 146 owners, the un- improved value of whose estates taken individually ex- ceeded 100,000. Of the total revenue, it will be noted. New South Wales paid more than half, 50.8 per cent, the percentage of taxable area in that state to the whole tax- able area being 58.4,^ Although New South Wales has the largest population of all the Austrahan states, its terri- tory is about one-half that of Queensland and about one- third that of Western Australia, showing that the con- centration of land in the hands of comparatively few is greater in New South Wales than elsewhere in the Com- monwealth. The conditions of tenure in relation to the land-tax assessment are shown in the accompanying table on page 87. The average rate of tax was 2.92- ^ t 11 I- F- 3 o< t r-c eoioooo I rN'* 9 t^OOOb o cb A c cs 5 ^3 S5i 5:2 h tt ^ 5 5 5 F 1-^ 1 Q s s Sot < 00 00 ^ CO (M 04 (M 00 ,_io-*to_ao aDi^'q, 00 w^t* <^oo' ?5t:r*? 2g2 Ci 'f o fH ooorsris 000(00 00 WO do o t* t* CO oooo ooo O) ^ O CbOdOft AOOdOk t 00 O t" 00 ooo oo Oi Oi o> o> ^ 1 .g. -S-s I fe-^ J S - -2 * I ^1 i S. Ji S ft a h. u M 5^ 5 t^ SOS III ^8 d 41 a "Sao *jOO< R it ! ^^ C J. o oj V 1) OC <^ I I 5| iS Is o I S a ; |i ss a 1 o o o ^oo "5 o = ^. 300 -< S- oo P5oo OS'* 1 1 s J 3 a S a rj Si !i I! .a.S S-2 1| at <) 03 Cb )t- OOOJ 00 3> o o g a 3 ^^111 l-il ^ S a -. V Sao- 55 S 2 >n M i-t i a .9 ,1 TAX ON VALUE INCREMENT IN GERMANY 173 increment tax. But instead of a reduction, the rate of the increment tax is changed to the rate of the additional "Umsatzsteuer," if the ownership exceeds twenty years.* Fourthly, in some cities, the reduction is based on both criteria, length of ownership and condition of the land; thus, Breslau collects, when the land is improved, two- thirds of the tax in case of a tenure of over five years, one-third of the tax in case of a tenure of over ten years; when the land is unimproved, however, the reduction is one-third when over ten years, and two-thirds when over twenty years. In contrast to these methods, the system of reductions under the imperial tax, one per cent and one and one-half per cent for each year according to the length of ownership, is novel. The principle underlying the reductions, however, is the same, the longer the period of ownership the more liberal the reduction. But in this provision of the imperial law, no distinction is drawn between improved and unim- proved land. 20. The effects of this variety of legislation are well seen in the fiscal returns from the local increment taxes. From the above table (see pp. 170-72) this relation be- tween law and fiscal effect is readily traceable. The last column shows the revenue raised by the tax in some of the localities where the system is in operation. The most sig- nificant facts that the figures present are: (1) the smallness of the yield; (2) the fluctuating amounts, as in Frankfurt a. M., for example; (3) the disproportionate proceeds viewed from the standpoint of the size of the cities. In considering these facts it must be borne in mind that most of the communities are exceptionally small (see col- umn 1), that the tax has been in operation but a short time (see column 2), and that the tax is an indirect one, col- lectible upon certain occasions. Bearing in mind that the ^ But under this " Umsatzsteuer," the rate is different for improved and unimproved land. Cf. supra, 6. 174 THE TAXATION OF LAND VALUE yield of the increment will fluctuate from year to year ac- cording to market conditions, the industrial prosperity of the city, and other conditions, we nevertheless discover from the figures a close relationship between the provi- sions of the statutes and the proceeds of the tax. For ex- ample, taking the average receipts for the three years (1907-09), it is significant that Breslau, with a popula- tion three times that of Dortmund, raised only about eighty per cent of the revenue yielded by the tax in Dortmund; or that Weissensee, with a population less than one-tenth that of Cologne, raised on an average, during the same period, a greater sum than the latter city. The explanation will be found in comparing columns 3, 4, and 5. The tax in Weissensee is retroactive without limit, and allows no reduction in case of unimproved land; in Cologne, on the other hand, only those increments that have accrued since the enactment of the ordinance are taxable, and the same reductions are made in the case of unimproved as in that of improved land. A striking in- stance of eflFectiveness due to legal provision is furnished by Pankow, a town of only 29,000, and just turning urban in character so that speculation is especially rife there. It is noteworthy that, in 1909, the receipts from the increment tax exceeded those of Breslau and Cologne, and came close to those of Frankfurt a. M. And so in the other cities, leading us to the conclusion that from a fiscal standpoint some of the German local systems were more effective than others, according as the reductions were fewer, the scale of rates higher, and the retroaction longer. Another cause for the fluctuating and slight yield of the local taxes can be traced to the excessive litigation which the different laws have given rise to. The legality of the "Wertzuwachssteuer" has been questioned, especially its retroactive feature. The validity of the Frankfurt ordi- nance was established, however, by the decision of the TAX ON VALUE INCREMENT IN GERMANY 175 Prussian court in 1906.^ Nevertheless, the local authorities have sustained many losses on account of the litigation.' For example, in Schoneberg, 500,000 marks had been col- lected as tax from one of the " Millionenbauern." He con- tested the legality of the law, on a technicality, with the result that the money had to be returned to him.' In- deed, the comparatively smaller yield of the tax, in 1908, in Cologne, is attributed to the decisions of the court in favor of the appellants.* In connection with the fiscal aspect of the local incre- ment taxes, it is important to point out some of the uses to which the revenue from the tax has been put in the cities. It is the general belief that the value increment is socially created, that is, attributable to the growth of the com- munity through public improvements, protection, and in- crease in population. Hence the utilization of the tax for social welfare work, sanitation, educational and recrea- tional facilities, and public utilities generally (items which consume an ever-growing percentage of the local budgetary funds), has found favor in many communities. For this reason and probably, too, because of the fluctuations in the yield of the tax, some of the cities have established special funds out of the proceeds. In Frankfurt, for instance, the fund is devoted to school building purposes and to the erection of other educational institutions. In Markran- * Boldt, Die Wertzuwachssteuer, p. 15. The legality of the imperial tax has been upheld by the imperial court. Cf. AmUiche Miiteilungen iiber die Zuwachssteuer (1912). (Entscheidungen der obersten Gerichts- hofe.) * Boldt, Die Wertzuwachssteuer, p. 128. The experience of Dortmund has been more favorable, since out of 225 assessments only thirteen com- plaints were voiced. * " Verhandlungen des Vereins fflr Sozialpolitik," in Schriften des Ver- eins, vol. cxxxvni, p. 43. * Cf. Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 19. It will be recalled that in Cologne a valuation of the land was necessitated by the provision for taxing only the future value increment. By unifying all the measures through the imperial law, it is hoped the excessive losses of revenue through litigation will cease. 176 THE TAXATION OF LAND VALUE stadt, it is devoted to street building; while in Marburg it constitutes the communal land purchase fund,^ 21. How, then, were the local bodies which already taxed the value increment of land affected by the enact- ment in 1911 of the imperial law? Until 1915, under the provision of the Act, such communities were to sustain no fiscal loss. First, where the average yield of the tax prior to the Act had amounted to more than the forty per cent subvention under the new law, the community profited by the difference in comparison with the local bodies that had no increment tax. In Prussia the number of such '*Gemeinden" was one hxmdred and sixty.^ Secondly, the local governments were permitted to retain the old system of levying the increment tax. But until 1913 only seven cities had taken advantage of this permission, namely, Hamburg, Liibeck, Emden, Erfurt, Essen, Frankfurt a. M., and Gelsenkirchen. Thirdly, additional rates could be levied by any "Gemeinde" to the value of one hun- dred per cent of the imperial tax. Sixty-six local bodies had taken advantage of this privilege.' Finally, all the other communities profited by the introduction of the "Reichszuwachssteuer," receiving forty per cent of the receipts from all the taxable land transfers in their juris- diction. The proceeds from the imperial tax until the amendment of the Act, July 3, 1913, were for the fiscal years 1911-12 24.2 million marks, and for the following year nearly double that amount. Of these receipts the central government received 10,069,340 marks the first year, and 20,021,897 marks the second fiscal year.* By the amendment of the Act of 1911, adopted July 3, 1913, the central government relinquished its quota of the ^ Kommunales Jahrbuch (1909), vol. i, p. 651. * Berthold, Ergebnisse der Wertzuwachssteuer, p. 22. Ibid., pp. 21-22; cf. Kommunales Jahrbuch (1914), p. 740. * Annalen des deutschen Reicha (1912), vol. XLV, p. 780; Jahrbuch der Bodenreform, vol. ix, p. 239. TAX ON VALUE INCREMENT IN GERMANY 177 tax, so that the levy of the value-increment tax on land will henceforth belong to the local and state governments. The communities shall continue to impose the tax in accord- ance with the Act of 1911, or shall adopt another system of increment tax subject to state regulation and in conformity with state law. The communities that received the excess amount over the forty per cent subvention will be per- mitted until April, 1915, to raise enough revenue to cover the excess; while the seven cities ^ that had retained their old systems of levy may continue to raise the tax thus with the consent of the state government, and to keep the ex- cess over the designated average yield. A minor provision permits the tax oflficials, with the consent of the state gov- ernment, to refrain from assessing and collecting a small increment tax, the amount of which is disproportionate to the cost of the assessment. ^ 22. The history of the virtual repeal of the imperial tax on land value throws light on the important question of the fiscal, social, and economic effects of the tax. The pro- posal to raise more revenue for defence by means of an im- perial value-increment tax on all property directed the dis- cussion in the Reichstag in June, 1913, to the increment tax on land. The repeal of the latter was sought on these grounds: (1) The enactment of the more general increment tax would occasion double taxation if the increment tax on land were retained. (2) The cost of administration of the tax was out of all proportion to the yield. (3) The appeals involved endless litigation. (4) The tax imposed a hardship on the small owner. (5) The various needs and conditions in the different communities were not taken into account. (6) The effect of the tax on the realty market and the loan market was deleterious. On two points there seemed to be a general consensus of * Cf. supra, p. 176. * "Gesetz Uber Andeningen im Finanzwesen," printed in Jahrbuch der Bodenreform, vol. ix, p. 237. 178 THE TAXATION OF LAND VALUE judgment in the Reichstag including even the radical parties.^ First, the Act of 1911 was defective in the fram- ing and had inflicted considerable hardship on other than speculative landowners. Secondly, it was desirable and expedient for the municipalities and other local bodies to continue to levy the increment tax. These facts and the widespread unpopularity of the tax, rather than the argu- ment of double taxation were responsible for the repeal practically of the imperial law. Among the defects of the Act are the complex provisions which make the valuation difficult, and the costliness of the assessments of the smaller estates in proportion to the tax revenue derived from them. This is appreciated when we learn that in Berlin 64.1 per cent of all the transfers of property in 1911, and in Char- lottenburg 68 per cent, were exempt from the increment tax; and that the percentage of exempt transfers is similarly large in other cities. ^ A member of the Reichstag told how in Fulda the expense incurred for the salaries of the tax officials exceeded the amount of tax accruing to the Em- pire.' Coupled with the costliness of administration was the expense of the excessive and prolonged litigation oc- casioned. Other complaints arose from the difficulty of ascertaining the unearned increment and from the hard- ships imposed upon the seller of heavily mortgaged prop- erty who was without ready money to pay the tax. The relegation of the tax to the localities after two years' experience with the imperial levy was a decided victory for the advocates of the tax for local purposes, and for the principle of benefit in taxation. The imperial law failed to take into account local conditions. The difference between urban and rural property and between large and small * The Social Democrats had voted against the " Reichszuwachs- steuer" bill in 1911; in 1913, however, they were opposed to its repeal, but their leaders admitted the defectiveness of the law. * Berthold, op. eit., p. 68 Jf. * See Extracts from the proceedings of the Budget Committee and in the Reichstag in Jahrbuch der Bodenreform, vol. ix, p. 199^. TAX ON VALUE INCREMENT IN GERMANY 179 municipalities, the effect of public improvements on prop- erty in town and country, etc., are factors to be considered in framing a law for the taxation on land value. It was also argued that only the immediate community is in a position to decide the expediency of the tax. ^ Then, too, the failure of the central administration to save expense and to pre- vent excessive litigation further justified the change in the law. In considering the social and economic effects of the tax, it is important to note that, in spite of the action taken with regard to the increment tax, the principle of the tax was very generally upheld and accepted. " The socio-political significance of the tax on value increment lies in the change of public opinion which formerly decried the tax as socialis- tic and confiscatory, but which now, as a matter of course, regards it as a supplement to the income and property taxes." 2 We find the same expectations and apprehensions cur- rent in Germany when the tax was proposed as in the case of the Australasian colonies. The chief hope of the partisans was that speculation in land would be suppressed, especially the speculation which develops when the agricultural prairie value of the land is converted through social forces into building-land value.' The other benefits expected to accrue, such as building reform, lower rentals, industrial prosperity, centered about the checking of speculation in land. It was believed that if the speculators did not keep land ripe for building out of use, and if the "Terraingesell- * See Extracts from the proceedings of the Budget Gjmniittee and in the Reichstag in Jahrbuch der Bodenreform, voL rx, p. 233. * Soziale Praxis, vol. xix, p. 760. * In a speech on fiscal problems, in 1904, Professor Wagner touched upon this point when he said, " Now, when lurban land has become the common object of speculation and changes hands as readily as a bank- note, now, when the owner mortgages his property to about three-fourths of its value, . . . [another kind of tax] on the value increment is neces- sary." Schriften der Gesellschaft fiir Soziale Reform (1904), Heft 15, pp. 27-28, 30. 180 THE TAXATION OF LAND VALUE schaften" in the cities did not monopolize the building trade as well as the land, the housing evils would disappear, building operations and industry would prosper, and as a result of the increase in the supply of land and houses, the market price of land would fall to the normal value, while the capitalized rental, and therefore rents, would be reduced.* On the other hand, some of the opponents, agreeing that the tax would cause a decline in the market value of land, feared the consequences; for example, the stagnation in land sales. Others argued that the effect would be to raise rent because the tax would be shifted to the purchaser and by him to the tenant. And, consequently, the market price of land would tend to appreciate. As regards building operations, it was claimed by some that overbuilding would result, that by putting a premium on improved land, even garden and other open spaces would be built upon to the detriment of social health and welfare; by others, that the supply of houses already filled the demand, that there is no land actually ripe for building which is kept out of use, that, therefore, no increase in building operations is pos- sible. To what extent experience with the tax justifies the con- tentions outlined above, we shall show from three sources of evidence, the results of two oflScial investigations and of the valuable study by Dr. Berthold. The latter throws light on the working of the imperial tax, the two former on that of the local systems. The following statements from municipalities were re- ceived by the Mayor of Kiel in answer to his inquiry with regard to the practical working of the tax: ^ Frankfurt a. M. : "The expected decline in land transfers, which was feared on the part of some, has failed to materi- alize. There has been no noticeable stagnation, nor retro- gression in the development of land-value increments." * Cf. Jahrbuch der Bodenreform, vol. ix, pp. 217-18. Soziale Praxis (1907), vol. xvii, p. 322. (Translation by writer.) TAX ON VALUE INCREMENT IN GERMANY 181 Cologne: "Retarding influences as regards land sales due to the introduction of the increment tax have not thus far set in." Gelsenkirchen: "Regarding the practical enforcement of the law, no unusual diflSculties have presented themselves. . . . Nor has a decline in land transfers or in building opera- tions resulted therefrom. The new tax bill has undoubtedly justified itself, and will continue to constitute a very valu- able supplement to the local tax system." Dortmund: "Notwithstanding the fact that, prior to the enforcement of the tax, speculators had consummated all the land transfers possible in anticipation of the law, the tax has, nevertheless, yielded a revenue of 263,000 marks. There have been 150 land sales, and of these 149 represented purchases by the larger estate holders and by speculators." Prior to the enactment of the "Reichszuwachssteuer** the Imperial Finance Committee caused an investigation to be made inquiring into the effects of the tax in the localities. Replies from more than three hundred commu- nities were received. Only three reported that there had been a decrease in building operations since the introduc- tion of the tax. In three towns the tax was said to have induced the "Terraingesellschaften" to build. Only ten claimed that rents had decreased on account of the tax, seven that the tax had caused rents to increase; while eleven reported that the tax was shifted in whole or in part to the buyer. ^ The study of Dr. Berthold was directed to determine from oflScial data the effect of the imperial tax on the realty market during the two years' operation of the tax.* His tables comparing the number and value of the trans- actions in real estate from 1909 to 1913 show conclusively 1 Jahrbuch der Bodenreform (1910), Heft 4, pp. S15 ff. Berthold, op. cit., p. IS. * Ibid. 182 THE TAXATION OF LAND VALUE that in the majority of the towns there were fewer trans- actions in 1911 and 1912 than in the two preceding years. They also show that the introduction of the tax was not the primary cause of the stagnant conditions of the market. The depression in realty operations during 1911-12 is traceable to the general unfavorable business conditions, to an excess of vacant houses, to the tight money market, and to local conditions. Dr. Berthold, however, does not deny that the agitation relative to the enactment of the "Reichszuwachssteuer," as well as the practical impossi- bility of calculating before the sale the amount of tax, may have added to the general depression. A second point of inquiry, less conclusively established, however, was with regard to the incidence of the increment tax. Only where the property is indispensable for business purposes will the seller be able to shift the tax. But in such cases the seller might have charged the higher price ir- respective of the tax. In certain communities attempts were made to shift the tax, but not always successfully.^ As yet the problem of the incidence of the "Zuwachssteuer " has not been solved through any careful research. Authori- ties are, nevertheless, agreed that experience confirms the theory that the tax burdens the seller only. Neither the market price of land nor rentals have risen, according to the testimony of oflficials and others. Admitting the absence of any far-reaching evidence on the subject of incidence, Dr. Boldt,^ for example, attempts to show that in Diisseldorf where no increment tax is in operation, the average rental and value of the land are higher than in either Essen or Dortmund, cities of the same industrial type and of approximately the same size, but which levy an incre- ment tax. There is, indeed, little evidence to show that the tax has been shifted to the buyer; on the other hand, * Berthold, op. cit., p. 114. ' " Verhandlungen des Vereins fUr Sozialpolitik," in Schrijten dea Vereins, vol. cxxxviii, p. 46. TAX ON VALUE INCREMENT IN GERMANY 183 theory holds that the possibility of so shifting the tax is slight. 1 One of the causes attributed by Dr. Berthold to the stagnant condition of realty operations was the difficulty of obtaining mortgage loans, especially where the security was a second mortgage. This scarcity of loan funds, added to the higher rate of interest on mortgage loans,^ hindered the acquisition of property and interfered with building operations. Nowhere, however, does the above-named writer relate this scarcity of mortgage loans to the intro- duction of the increment tax, nor does he seek to discover whether any causal relationship exists between the two. Nevertheless, the losses incurred by mortgagees through foreclosures and the hardships that the payment of incre- ment tax imposes on the seller of property heavily mort- gaged may have had some deterrent influence in the loan market on such security. In this connection the argument of another writer' who favors the " Zuwachssteuer " de- serves mention. He opposes the retroactive feature of the tax on account of its deleterious effect on the mortgage market and its interference with credit. This question brings us to the consideration of the effect of the tax on speculation in land. Because of the general dependence of land and building speculators in Germany on mortgage loans, a weeding out process of the insolvent operators, those who operate on borrowed capital, was observed during the depression of 1911 and 1912. If, then, the tax on value increment has been effective in checking second mortgage loans, it has at the same time hindered speculation, i.e., those operations which are carried on almost entirely with borrowed capital. Moreover, the pay- ment of the tax has in many such cases forced the seller into * Cf. Weyerman, "Die UberwUlzungsfrage bei der Wertzuwachs- steuer," in Annalen des deutschen Reichs (1910), vol. xliii, pp. 881 Jf. * Berthold, op. cit, pp. 97, 103 et passim. ' Freudenberg, Die W ertzuwachssteuer in Baden, pp. 3-4. 184 THE TAXATION OF LAND VALUE bankruptcy. Thus, whether the depression in the mortgage loan market can be attributed to the tax or not, the tax is said to have actually hindered the most undesirable kind of speculation in land. This effect of the tax may indeed account for the inordinate activity of the "Terraingesell- schaften " and the pressure brought to bear upon the gov- ernment by them to repeal the imperial tax.^ The rate of tax, however, has been too slight to restrain speculative dealings to any considerable extent in cities where the value of the land has appreciated a hundredfold or more, and where the process of appreciation continues. ^ 23. Taxation of land in Kiao-chau. The justification for treating of the Kiao-chau experience with land taxa- tion in this chapter lies not in the similarity of the systems of taxation so much as in the political status of the Far East- em province with respect to Germany. There are those, indeed, who would trace the local increment taxes in Ger- many to the Kiao-chau experiment, but, as has been shown in the previous sections,' there is sKght cause for such a hypothesis. After all, the system of taxation in Kiao-chau is undoubtedly part and parcel of the larger scheme of Ger- man "Sozialpolitik" with respect to this province.* Kiao-chau situated in Eastern Asia was acquired by Germany in 1898, and according to a treaty with China was to remain under German protection for ninety-nine years. * Cf. the speech of Dr. Jaeger in the Reichstag printed in Jahrbuch der Bodenreform, vol. ix, pp. 217-18. * "Many persons hope that the tax will quicken the utilization of building sites. In my opinion, however, that is an illusion, for just as it is unlikely that a comparatively small increase in the tax will cause the suburban owner to give up his gardens, so it is also unlikely that the land speculators in rapidly growing towns will be compelled to any extent to sell their land, which will after a longer period of waiting reimburse them manyfold for the burden of the tax." Ephraim, " Zur EinfUhrung der 'Steuer nach dem gemeinen Wert' in Oldenburg," in ZeiUchriJt fur die gesamte Staatsvnssenschajt (1910), p. 161. ' See supra, 3-6. * Denkschrift betreffend die Entvncklung des Kiautichougebieis (1904- 06), p. 8. TAX ON VALUE INCREMENT IN GERMANY 185 The natives, numbering 187,000, are Chinese. Of Euro- peans there are over 4000.^ Since the German occupation, railways, roads, and other improvements have been built, and the province is said to be developing industrially and commercially. The naval authorities in charge of Kiao-chau, with a knowledge of the land situation in other Eastern provinces, in 1898, introduced a bill in the Reichstag designed to pre- vent land speculation and to help pay the vast sums ex- pended by the government for public improvements.^ This Act authorized the government to buy up from the natives any land needed for building purposes. The price was to be a nominal one, i.e., what the land was worth before the German occupation, and this land was to be sold again to the highest bidders, the government reaping the profit of the increased value. No one was to lease, use, or sell land for any purpose whatsoever without the permission of the government.' In fact, this land policy is unique in its re- strictions of private property in land. 24. At the same time that the land bill was passed, the following tax scheme for Kiao-chau was enacted. An annual direct tax of six per cent is levied on the land which the government has sold.* It was provided that for pur- * Tsingtau, the chief town, had, in 1902-03, besides soldiers 962 Euro- peans, 108 Japanese, and 28,144 Chinese. Denkschrift betreffend, etc. (1902-03), p. 23. Statistisckes Jahrbuch far das deutsche Reich (1914), p. 449. * ' After the acquisition of Kiao-chau it was to be expected that the value of the land would appreciate considerably. Hence it was feared that the native Chinese would dispose of their property to a greater or less degree for a little temporary profit. It was a question, therefore, of protecting the landed interests of the Chinese, to defend them against themselves, and to prevent a dispossession of the Chinese by the white population." Translated from Gaul, Finamrecht der d. Schutzgebiete unter besonderer Berucksichtigung der Steuergesetzgebung, p. 163. Denkschrift betreffend, etc. (1903-04), p. 8. * The land which the government did not buy from the natives re- mained subject to the slight tax prevalent before the occupation. The tax is on an average 200 cash (about 30 pfennige) for 614 square metres. Ihid., p. 6. 186 THE TAXATION OF LAND VALUE poses of assessment, the price paid for the land was to constitute its value until 1902; after that year and at regular intervals, the land was to be revalued. Besides this direct tax the Act provided that, whenever the land should be sold, thirty-three and one-third per cent of the net profit, or value increment, should revert to the government. An allowance, or compensation for im- provements, of six per cent was to be deducted from the gross increment. In every case, moreover, the govern- ment retained the option of purchase at the price de- manded by the owner. Bearing in mind that these taxes, as well as the policy as a whole, were to prevent land speculation and to provide more dwellings, we may note that the government was confronted with the problem of making the purchasers improve the land which they had acquired. In other words, the tax and restrictions did not prevent owners from keep- ing their land in an unimproved condition, apparently for speculative purposes. The fact was, however, as is very often the case in urban communities, that the land remained undeveloped, either because the owner lacked the means to build, or because the time was unfavorable for building. But this frustrated the purpose of the government. The authorities were accordingly authorized to repurchase any unimproved land at one-half the price which the owners had paid for it. This provision was found ineflfective, since the authorities lacked the ready funds to repurchase the land.* In 1903, therefore, the plan was conceived of in- creasing the annual tax so long as the land remained un- developed. This is said to have had the desired effect. According to this scheme which was not to be enforced until 1906, land not utilized for the purpose for which it had been purchased was made liable to an annual tax of nine per cent instead of the usual six per cent; if three years * Jahrbwk der Bodenreform (1908), vol. IV, p. 1S2; C/. Denkschrift betreffend, etc. (1902-03), pp. 9-10. TAX ON VALUE INCREMENT IN GERMANY 187 passed after this increased rate became effective, the tax was raised to twelve per cent; and this three per cent in- crease was to continue with every three years until an annual tax of twenty-four per cent had been reached. The Act provided, furthermore, that whenever the land should be built upon and improved, the tax should be reduced to six per cent.^ Another provision in the Land Act of Kiao-chau re- stricting the property rights to land even more is the fol- lowing. The government not only retains the right of repurchase, but in the case of land which has remained unsold within twenty-five years, the land becomes subject to revaluation and a tax of thirty-three and one-third per cent is levied on the value increment. 25. What has been the effect of such limitations of the right of private property on the real estate market? While no overcapitalization of the value of land under such re- strictions is conceivable, both the land market and the values are sound in Kiao-chau. Land transactions occur and land has risen in value.^ An official describes the first public sale of land as follows: "In spite of all the restric- tions necessary to nip speculation in the bud, there was no lack of solvent buyers ready unhesitatingly to bid higher than the government's estimates, showing thereby that the merchant class did not question the healthy development of the colony." ' In considering the proceeds from the land taxes as shown in'the table below, it should be borne in mind: (1) that the population of Kiao-chau is small; (2) that land is exceed- ingly cheap compared with European countries; (3) that 1 Jahrbuch der Bodenreform (1908), vol. iv. p. 1S2; Cf. Denkschrift betreffend. etc. (1902-03), pp. 9-10. * In a decade land is said to have increased from 200 to 800 per cent: from $50 for 921 square meters the value had risen to about $150 or $160, while orchard land was worth in 1908 about $200. Denkschrift betreffend, etc. (1908-09), pp. 37-38. Jahrbuch der Bodenreform, March, 1911, p. 37. (Translated.) 188 THE TAXATION OF LAND VALUE sales are comparatively few; * and (4) that some of the land has not advanced in price. Thus, there were only thirty-one transfers of property in 1908-09; yet they yielded no value-increment duty.^ TABLE SHOWING YIELD OF THE LAND AND INCREMENT TAXES, RENTS FROM LEASEHOLDS, AND PROCEEDS FROM LAND SALES IN KIAO-CHAU Land Tax (Marks) Rents Govern- Year from lease- holds (Marks) ment land sales (Marks) Value-increment duty 1898-99 22,170 5,870 1899-00 31,371 21,910 1900-01 52.765 31,049 . , 1901-02 62,956 23,305 1902-03 63,961 19,676 24,422 1903-04 79,212 34,113 63,857 $1,128.90 1904-05 87,498 60,910 195,975 1,474.70 1905-06 139,935 83,013 149,389 417.34 1906-07 117,591 91,686 87,865 2,103.66 1907-08 112,861 75,877 73,332 301.28 1908-09 121,017 59.401 83,069 000.00 It is necessary to point out that the government must rely on other sources than the land for the budget. Tak- ing the revenue from the land taxes, plus that from the rents and from the public land sales, we find that it con- stituted, in 1906-07, about twenty-seven per cent, while, in 1908-09, only nine per cent of the total expenditures.* * The following show the number of purchasers of land: 1902-03, 143 Europeans, 151 Chinese 1903-04,158 " 162 " 1904-05, 197 " 174 " 1905-06,210 " 194 " Denkschrift betreffend, etc. (1908-09), p. 12. * Data given in Denkschriften betreffend die Entwicklung des Kiautsehou- gehiets. * The total revenue for 1906-07 amounted to 1,546,489 marks; in 1908-09, to 2,365,981 marks. Ibid. (1908-09), pp. 66-67. TAX ON VALUE INCREMENT IN GERMANY 189 It is, however, not so much from the standpoint of revenue as from that of a sound land policy that the Kiao-diau experiment offers interesting study. And yet, in consider- ing the land policy and the taxes on land value in operation since 1898 in that province, we must bear in mind the ex- ceptional circumstances under which the government ac- quired possession of the land. The problem in older coun- tries, where the principle of private ownership of land is deep-rooted, is far more complex. CHAPTER V THE ENGLISH LAND-VALUE DUTIES 1. The enactment of the duties on land value which constitute Part I of the Finance Act, 1909-10, marks a decided departure in the jQscal policy of England. This fact, aside from the controversy with the House of Lords over the measure, has evoked widespread criticism and inter- est among students and statesmen. The latter, indeed, regarding the new taxes as social reform, not fiscal, legisla- tion, have questioned the propriety of incorporating the land taxes in the budget. Nevertheless, whatever founda- tion there exists for the prevailing impression that Parlia- ment was carried away by the whirlwind of socialism and other "isms" which were sweeping the country, a study of the attempted legislation prior to the enactment of the Finance Act reveals the fact that the change in fiscal policy was inevitable. To set forth the fiscal causes of the new taxes which are generally overlooked, and to demonstrate their un- precedented character, it is important both to show the relation between landownership and land taxation in the United Kingdom, and to trace the movement toward land-value taxation. The history of landlordism and land taxes throws light on the strenuous opposition of the Lords to the Finance Act which in 1909 threatened the abolition of the Upper House of Parliament. In view of the fact that the Lords are in the main the landowners of England, the small extent to which land contributes to the support of the govern- ment is significant. Property owners contribute to the fol- THE ENGLISH LAND-VALUE DUTIES 191 lowing sources of public revenue. First, there is the so- called annual land tax which since Pitt's redemption scheme in 1798 has yielded less than one million pounds,* or less than half its yield in 1692 when instituted.^ This nominal land charge, it will be recalled, is based on a valua- tion made more than two centuries ago, and is unequally apportioned among the counties of England. Secondly, there is Schedule A of the income tax charged on the gross rental of real property.' Thirdly, under the system of rating by the local authorities, land and its improvements, including buildings, not only yield over eighty per cent of the local tax receipts, but also form the principal source of local revenue.^ In addition to the rates, tithes are still levied on real property in some parts of the United King- dom. Fourthly, land in conjunction with other property is subject to death duties, or inheritance tax, levied for im- perial purposes. Only in this case is the basis of assessment the capital value of the property. To estimate to what extent the English landlords are burdened by these charges, it is necessary to analyze the methods of assessment and levy of these taxes so as to ascer- tain their incidence. In the first place, it was estimated by the Commission of 1901 that ratable property (including structures and other improvements) contributed about seventeen and one-half * Cf. Dowell, History of Taxation and Taxes in England, vol. ii, pp. 239-40. In 1907-08 the net receipts were 710,000. Cf. Pari Debates (1908), vol. cxcvni, p. 2075. * Originally this was a general property tax imposed (1) on those possessing personal property, (2) on those holding any public office or employment of profit, (3) on those possessing land, but because of the evasion of the first two from assessment, the burden fell on land alone. Cf. Dowell, op. cit., vol. iii, pp. 93-97. * Pari. Debates (1909), vol. ii, p. 1870. There is a maximum reduction of one-eighth of rental in respect of agricultural land and one-sixth in respect of buildings. * In 1909-10 the rates constituted forty-nine per cent of the total revenue of the local bodies of England and Wales, not counting the loans. Statesman's Year Book (1913), p. 49. 192 THE TAXATION OF LAND VALUE per cent to the imperial tax receipts; to the local budgets, eighty-two per cent of all the tax revenue.^ But from the standpoint of incidence, it is important to differentiate be- tween the proportions faUing on land and improvements respectively, for according to the best authorities on taxa- tion,^ the tax on buildings is more likely to fall on the oc- cupier than on the landowner or building-owner. The pro- portion that falls on land, irrespective of the buildings, has been variously estimated and differs in Scotland and Ire- land from the proportion in England and Wales. Accord- ing to Bastable, land under Schedule A yielded about twenty-three and one-half per cent, houses seventy-six and one-half per cent (1900), while under the local systems about one-sixth of the rates was derived from land, and five- sixth from houses.' He furthermore estimated that land in the United Kingdom (including all improvements other than houses) contributed (1900) about 12,500,000, which constituted about nine per cent of the total tax revenue for imperial and local taxation.* Then, when we consider the possibility of capitalization and amortization in cases of taxes on real property, the burdensomeness of taxation on the landowners appears even less. For according to the theory of amortization the whole tax on land or so much of the tax as exceeds the gen- eral burden of taxation on all capital or income is capitalized and the value deducted from the selling price of the prop- erty, so that the purchaser through this reduction in price becomes exempt from the tax, while the seller loses the whole amount of the capitaUzed tax. In case of taxes of Pari. Debates (1909), vol. i, p. 892. * According to Seligman, Shifting and Incidence of Taxation (ed. 1899), p. 307, even Schedule A must be treated as a tax on real property to ascertain the incidence of that part of the income tax. Bastable, Public Finance (ed. 1903), pp. 431-32. * Ibid. The percentage was computed with the aid of data from the Statesman's Year Book (1900), pp. 45, 55; the total tax revenue, local and imperial, was given for the United Kingdom as 134,821,081. THE ENGLISH LAND-VALUE DUTIES 193 long standing, therefore, the present owner is burdened only by any increase in rate since he came into ownership. The doctrine is especially applicable to the imperial nomi- nal land tax in England, since the assessment has not only remained unchanged for several centuries, but the tax has either been redeemed or has long since been "absorbed" in the selling price, because the apportionment of the quota among the counties has not changed. It is held by Blun- den ^ that even the local rates have to some extent been thus capitalized and ceased to be a burden. Whether this is true or not, there are, as we shall show below, further reasons for believing that but a small part of the rates are borne by the landowners. Again, inasmuch as it is upon the rates that the local governments chiefly depend for revenue, and inasmuch as ratable property is heavily burdened for local tax pur- poses, ^ it is of importance in this conection that the bur- den falls mainly upon the occupier, not upon the landlord. The reasons are: (1) The occupier pays the tax in the first instance, and through various causes which we need not dwell upon,' he is unable to recoup himseK for the tax by deducting it from his rent. The following table (Distribu- tion of the Burden of the Rates in England and Wales in 1891, on page 194) shows that only 15.31 per cent of the rates on land and houses, in 1891, fell on real property, or rather, on the land owners and lessees. * Local Taxation and Finance, p. 43. "But there appears to be good grounds for the conclusion that the burden is mainly, as Dr. Giffen sug- gested in 1871, 'on the property, and not on the individuals who have incomes from it.' " ' The average rate per pound on ratable rental increased from 3s. Sid. to 5a. 7|d. from 1882 to 1902. Cf. Armitage-Smith, Primnples and Methods of Taxation, p. 161. * See Sehgman, Shifting and Incidence of Taxaiion, pp. 246 ff. 194 THE TAXATION OF LAND VALUE DISTRIBUTION OF THE BURDEN OF THE RATES IN ENGLAND AND WALES IN 1891 ^ On real property (per cent) On personal property (per cent) On occupiers' income (per cent) On consumert' income (per cent) Lands and tithes Houses 15.31 3.59 14.00 2.82 56.4 4.29 Railways Other property.. . 3.69 Total 18.90 16.82 56.40 7.88 (2) Since the lessee almost always contracts to pay the taxes, any increase in the rate of tax will be borne by the lessee, at least until the expiration of the lease. Now, in England, the builder is very often a lessee and cannot recoup himself for any increase in the rate until his lease expires. (3) Non-income-bearing land, irrespective of its value, is exempt from rating. Thus, in spite of the enor- mous increase in urban values, land in England and Wales contributed, in 1894, a smaller percentage of the whole tax than in 1814, as shown below: CONTRIBUTION OF PROPERTY TO THE TOTAL ASSESS- MENT OF THE LOCALITIES, 1814-1894 ^ 18U (per cent) 1843 (per cent) 1868 (per cent) 18H (per cent) Land 69.28 27.84 2.88 49.10 41.44 9.46 33.20 47.27 19.53 20.9 Houses 63.7 Railways and other property . . . 15.4 * Blunden, op. cit., p. 62. There is no reason to think that conditions of incidence have changed much since 1891, for the method of assessment is the same. * Data gathered from Goschen, Report on Local Taxation, p. 23; and from Report of tlie Royal Commission on Local Taxation (Cd. 9528), 1899, pp. 44-45. THE ENGLISH LAND-VALUE DUTIES 195 Furthermore, this system of assessment on rental rather than on capital value, which exempts the owner of imde- veloped land from taxation, has contributed most to the evasion by the landowner of a burden of taxation propor- tionate to his ability or his benefit. The influence of this class, in fact, is seen in their resistance to taxation on the basis of capital value. Thus it was not until 1894 that the death duties were made to apply to real property in the same way as to personal property, that is, on the basis of capital value assessment.^ And until the enactment of the Finance Act, 1909-10, the death duties were the only tax on real property assessed on capital value. Finally, the special treatment of agricultural land is noteworthy. The exemption in recent years of about 2,000,000 annually from the tax on agricultural land under Schedule A is generally considered to have been a boon to the landlords, rather than to the farmers whom it was intended to relieve.^ The cause of the remission of that amount is of course the decline in the value of agri- cultural land. But this decline, which has made the actual rent paid by the tenant farmer exceed the economic rent, the rent warranted by the produce obtained, has shifted the burden of the taxes from the landlord to the tenant.' A remission of the taxes, therefore, is only apparently a * For the opposition of the landowners to this measure see Wagner, " Die Englische Erbsteuerreform von 1894 " in Zeitschrift fur Volksmrt- schaft, Socialpolitik u. Verwcdtung (1899), p. 323. * See Agricultural Rates Act (1896), Pari. Debates (1909), vol. v. p. 627. Cf. also Seligman, Shifting and Incidence of Taxation, p. 307. The condition of agricultural production in England is peculiar. The depression has caused the land to become depreciated, so that the farmers, because of the immobility of the capital invested and their own inability to enter other employments readily, are paying more than the usual rack rent or economic rent; hence the tax paid by them in the first instance is not shifted to the landowner. "Although the farmer has been struggling to adjust his rent to lower prices, the process has been a slow one; and the fall in actual rents has not kept pace with the fall of economic rent due to these lower prices," Seligman, ibid., p. 232. 196 THE TAXATION OF LAND VALUE relief to the farmer; in reality the position of the landlord, when a renewal of the lease is sought by his tenants, is thereby strengthened, and the landlord can resist a re- duction of the rent which conditions would otherwise war- rant.^ Thus it is clear that in singling out the landowning class for special taxation, and in choosing land taxes, the incidence of which is supposedly certain, the Lloyd George Budget is a departure from precedent and from the tax legislation hitherto favorable to the landowning class. It remains to show, further, that the enactment of the land-value duties was not the revolutionary, unreflected measure of a socialistic parliament. The problem of taxing land value had been well deliberated upon, and the argu- ments pro and con thoroughly weighed by the various Select Committees who, since 1891, had been delegated by Parliament to investigate the intricate problem of local taxation. The anomalous feature in this movement is, rather, that the outcome of the agitation among local au- thorities for land-value rating should have resulted first in an imperial rather than in a local tax. 2. Discontent with the rating system by which the landowners largely escaped taxation, while the occupiers bore the heavier burden, early asserted itself. The reform movement, after years of agitation, became concentrated upon the following demands: (1) the division of rates be- tween occupier and owner; ^ (2) the taxation of land value; (3) "special assessment" taxation.' We are concerned here with the second reform advocated. The expediency of taxing land value was raised by the * Cf. also J. S. Nicholson, Rates and Taxes as Affecting Agriculture, where the incidence of the land tax is shown. Cf. also Row-Fogo, An Essay on the Reform of Local Taxation in England, pp. 171-82. * The system whereby the owner pays one-half the tax and the occu- pier the other half is in vogue in Scotland and Ireland. * Cf. Blimden. op. cit., chapters vii, vin, and ix. THE ENGLISH LAND-VALUE DUTIES 197 Housing Committee in 1884.^ In its report the committee recommended that "land available for building in the neighborhood of populous centers" be rated for local pur- poses at four per cent of its selling value. The purpose of the proposal was to relieve the congestion of population. In 1892, the Select Committee on Town Holdings re- ported unfavorably on the taxation of vacant building land as well as on the proposition of separate valuation of land and of improvements. The proposal of the Draft Re- port Committee to tax land on the selling value at a higher rate than buildings, because land receives an exceptional value through the growth of towns, while buildings repre- sent an outlay of capital which is discouraged by taxa- tion,* was rejected by the majority as impracticable. The following conclusions of the Select Committee, which re- fused to recognize the expediency of land-value taxation, were adopted: ' " (1) Ground rents and feu^ duties are already taxed, as being included in the ratable value of the town holding on which they are secured. They do not constitute a fresh * See Second Series of Memoranda and Extracts Relating to Land Taxa- tion (Cd. 4845), 1909, pp. 71 Jf. It is interesting to note that the late King of England, Edward VII, then Prince of Wales, was a member of that Committee. See Report of the Housing Committee (Cd. 4402), 1885. * House of Commons Paper 214 (1892), pp. xcii, xxxvi. The argu- ments used in this draft report are the usual ones. "The growth of towns has added an exceptional value to town lands. Such value is maintained, and has to a great extent been created, by municipal expenditure, and it is therefore just that those who are in receipt of the annual returns from town lands should contribute a substantial proportion of it to defray the municipal expenditure of which they thus reap the fruits. . . . Buildings represent the direct outlay of capital and their return depends substan- tially upon their cost. Heavy rates upon buildings as opposed to land tend to stimulate the erection and use of inferior houses. . . . The annual value of land may be considered as a net return from an improving prop- erty, whereas that of buildings is a gross return from a wasting prop- erty, and it is unfair that they should be taxed at the same rate in the pound," etc. Ibid. * Feu tenancy in Scotland is perpetual, the rent being a fixed amount. 198 THE TAXATION OF LAND VALUE matter of assessment hitherto untouched as is often sup- posed. The imposition of a direct assessment upon such ground rents and feu duties as distinguished from the assessed vakie of the house itself, as at present rated, would lead to anomalies and inequalities and has been generally abandoned. . . . " (2) The real as opposed to the apparent incidence of land taxation in towns falls partly upon the owner of the land, partly upon the house owner, and partly upon the occupier. The proportions in which the burden is dis- tributed are difficult to determine and depend upon a variety of circumstances among which the demand and supply of houses is the most important. "(3) Owners of ground rents, with or without rever- sions, derive no appreciable benefit from local public ex- penditure for current purposes. . . . "(4) The burden of such increased land taxation as was not in contemplation of the parties on entering into leases falls on the lessee, unless the occupier has been un- able to shift it. But as regards lessees, the unforeseen in- crease in the value of their properties has, in most cases, more than made up to them for the unexpected burden of increased rates." Four years later the Royal Commission appointed to inquire into the subject of local taxation reached similar conclusions in rejecting the proposition of land-value taxa- tion. After interviewing numerous witnesses and after an extensive investigation their report was published in 1901.^ Again, a separate report on "Urban Rating and Site Val- ues," by a committee consisting of Lord Balfour of Bur- leigh,2 Lord Blair Balfour, Sir Edward Hamilton, Sir George Murray, and Mr. James Stuart, dissented from * Final Report of His Majesty's Commission Appointed to Inquire . . . Local Taxation (Cd. 638), 1901. ' The same Lord Balfour of Burleigh vigorously opposed the Finance Act, 1909-10, in the House of Lords. THE ENGLISH LAND-VALUE DUTIES 199 the majority's findings. Their recommendations were very similar to those of the Draft Report of 1892, with this additional proposal, that the institution of site-value rat- ing by the locality be made optional.^ The London County Council and the Glasgow Council were meanwhile active in discussing the question of rating on site value. In the reports of the London County Coun- cil of 1889 and 1893 the adoption of this system was recommended. The council actually undertook to make a valuation of all the land within London.* Similarly, Glas- gow, as early as 1891, and again in 1895, drew up reports favoring the rating of land value.' In the House of Com- mons also considerable discussion took place on the sub- ject, not only in regard to local taxation, but also in re- gard to Schedule A.* To carry out the recommendation * The advantages of taxing land value were enumerated in this minor- ity report as follows: (1) It would conduce to placing the urban rating system on a more equitable and thus sounder basis; (2) it would make the ground-owner and lessee having an interest in the land contribute some- what more than under the old system to local taxation; (3) it should go some way toward putting an end to agitation for unjust and confisca- tory measures; (4) it would enable deductions for repairs to be made solely in respect of the buildings; (5) it would tend to lighten the burdens in respect to buildings and thus aid in solving the urgent housing problem; (6) it would tend to rectify inequalities between districts and between owners. Report, etc. (Cd. 638), 1901, p. 176. Cf. Pari. Debates (1907), vol. CLXXxn, p. 46; Also, 1909, vol. v, p. 1221. Cf. British Pari. Papers (Cd. 9150), 1899, p. 13. * For a discussion of the London Coimty and Glasgow resolutions regarding the taxation of land value see Smart, Taxation of Land Values and the Single Tax, chapters n and in. Not only did the Corporation of Glasgow in 1897 pass resolutions declaring the taxation of land value "the most equitable method of removing the present inequalities of local taxation," but in the same year the Glasgow City assessor proposed an increment tax on land. See British Pari. Papers (C. 9319), 1899, pp. 257-58. * In view of later events the following speech of Mr. Billson, M.P., containing a prophecy is interesting: "In connection with the property tax under Schedule A the law lays down that land should be charged according to what it produces, and not according to its real value. When this property tax was first put in force about fifty years ago, the condi- tions were somewhat different, and there is now in all our large towns a 200 THE TAXATION OF LAND VALUE of the minority report of 1901, Mr. Trevelyan the follow- ing year introduced the "Urban Site Value Rating Bill" in the House of Commons. As the majority reports of the special committees, however, had opposed the new tax, Trevelyan's measure could only meet defeat.^ But the game had been started, and the following year. Dr. Mac- namara presented "A Bill to provide for the Separate Assessment and Rating of Land Values." ^ This bill failed to secure a second reading, although by an adverse major- ity of only thirteen votes.' The purpose of the bill, as Dr. Macnamara set forth in the introductory paragraph, was "to give urban au- thorities a new source of revenue in relief of the present rates and so to diminish the existing burdens on building enterprise." The rate was to be one penny in the pound and "to be levied on the capital value of all land, whether occupied or not, as distinct from the value of any build- ings or structures on the land." Again that year, a "Land Valuation Bill " was presented in the House by a Scotch member. It proposed to rate only unoccupied land. But after the first reading the bill was dropped. Then more bills followed. In 1904, another "Land Val- ues (Assessment and Rating) Bill" was given a second reading,^ but no further action was taken. This was suc- ceeded, in 1905, by still another bill entitled "Land Values Taxation (Scotland) Bill" which proposed to empower the great deal of knd that escapes taxation which ought to bear taxation. Large quantities of land lie idle and produce nothing and consequently such land does not come within the purview of this taxation. And why not? ... I hope that he himself [the Chancellor of the Exchequer] will introduce a very considerable measure for the taxation of land values, but if he does not some Tnore enterprising Chancellor of the Exchequer wiU do so in the future." Pari. Debates (1900), vol. Lxxx, pp. 1247-50. (Italics mine.) 1 Ibid., (1902), vol. ciii, p. 475. * It is significant that David Lloyd George supported this and subse- quent measures to tax land value. Ibid., (1903), vol. cxvni, p. 400. I * Ibid., vol. cxxix, p. 480. THE ENGLISH LAND-VALUE DUTIES 201 Town Councils of the burghs to impose a tax not exceed- ing two shiUings in the pound on the annual rental of all land. The annual rental, however, was to be calculated at four per cent of the selling price of the land, exclusive of the buildings upon it. It furthermore proposed, diverg- ing in this respect from the preceding bills, that the tax should be deducted by the tenant or lessee who paid it from the lessor or owner, irrespective of the stipulation of existing contracts. As was to be expected, this measure met a fate similar to the preceding ones. Its failure, how- ever, did not deter the partisans of land-value rating from introducing another bill in the same year. The contents of Mr. Brunner's bill were not unlike those of the former measure, except for the stipulation to respect contracts. It provided that only under a lease or agreement made subsequent to the enactment of the bill, was the occupier authorized to deduct the tax from the rental. Then, too, instead of four per cent, three per cent of the capital value was to constitute the annual value for assessment pur- poses.^ Although voted a second reading by a majority of ninety, nothing further was done with the proposal. Mr. Ferguson's measure,^ the "Land Value Assessment (Scot- land) Bill" was presented in the same year and was de- feated. In that year, also a deputation of rating authori- ties waited upon the Prime Minister relative to the matter of site-value rating. 3. These persistent efforts on the part of the ad- herents of the tax were destined to bear fruit. Thus in ^ "Its main object," said Trevelyan, its supporter, "was to make an assessment of the land values of oiu: towns and urban districts, to place upon the rate-book a second column, which would consist of assessments at three per cent of the selling values, and to provide that where the new assessment in the case of any piece of property amounted to a larger sum than the present assessment on the annual value the rate should fall upon that new assessment." Pari. Debates (1905), vol. CXLV, pp. 207-08. * The sponsor of this bill, Mr. Ferguson, had been a member of the Select Committee on Town Holdings and had helped draw up the Draft Report from which we quoted above. 202 THE TAXATION OF LAND VALUE 1906,^ when Mr. Sutherland's "Land Values Taxation (Scotland) Bill" was introduced before a newly elected House, a second reading was voted by a majority, it is note- worthy, of 258, and on April 24, it was committed to the Select Committee for consideration.^ As the findings of this committee were often quoted during the debate on the Finance Act of 1909-10, and throw light on the final enactment of this measure, an analysis of the Committee's report is necessary. In the Draft Special Report submitted to the Committee the disadvantages of the existing order were set forth. It was pointed out that under the system of taxation whereby land and improvements were treated as a unit and that unit was assessed on the basis of its an- nual value, land was kept out of use and undeveloped, so that the supply of land was restricted and its acquisition rendered more difficult and more costly. Furthermore, the system tended to penalize the builder and to prevent the owner from making necessary improvements.' Three important problems which occupied the atten- tion of the committee were: (1) the practicability of sep- arate valuation of land and improvements; (2) the cost * In the same year two more bills were presented as follows: " Land Values Assessment (Scotland) Bill," by Trevelyan, and "Land Valuation (Scotland) Act 1854 Amendment Bill," by McCrae. See Pari. Debates (1906), vols. CLii and cliv. * The thoroughness with which this committee investigated the subject of land- value taxation deserves mention. Data were gathered from many foreign coimtries, while expert, practical men and economists were sum- moned to give evidence. * The objections were summarized as follows: 1. Rating on hypothetical capital value would create inequalities. 2. Separate taxation of site value is inequitable and impracticable. 3. Rating on land value would tend inevitably to a curtailment or sup- pression of gardens, and all other open spaces in private ownership. 4. The scheme interfered with private contract. 5. It would be a harsh and confiscatory proceeding against the public and private trusts and private investors who had acquired the feu duties simply as a form of investment. 6. Public credit and financial secvuity would be disturbed. Papers, etc. (Cd. 4845), 1909, p. 53. THE ENGLISH LAND-VALUE DUTIES 203 of such valuation; (3) the treatment of existing contracts. As to the question of valuation the evidence was conflict- ing. Expert valuers differed as to the practicability of separate valuations for site and building. The reports of the previous committees that had investigated the ques- tion were quoted and discussed.^ According to Messrs. Moulton and Harper,^ who had testified in 1900, no diffi- culty in separate valuation exists and valuers actually resort to that method in their work.' According to others the difficulty of separate valuation was insuperable. Like- wise there was a difference of opinion as to the probable cost of such valuation. Mr. Harper's estimate was the lowest.* An expert valuation of London County, accord- ing to him, would probably cost 40,000; according to others, such a valuation could not be made for less than a million pounds. In going over this evidence of hypo- thetical estimates, it is significant to note, the Select Com- mittee of 1906 appears to have given little weight to the testimony of officials in other countries, for example, of Mr. Purdy, the Commissioner of Taxation in New York City, and to have neglected the experience of the Austra- lasian and Canadian colonies, where the practicability of separate valuation is no longer in question.^ Aside from the subject of valuation, we must point out another serious objection of the Committee to the taxation on land value, namely, the interference with existing contracts. The system of leasehold in England, as is well known, makes this question of contracts a mat- ter of vital importance. Not only are sites leased under the freehold rent charge, the 999-year leasehold, and the * Papers Bearing on Land Taxes (CM. 4750), 1909, pp. 258 jf. * Mr. Harper is now employed by the Valuation Department as expert valuer in the great task of valuing all the land in the United Kingdom. Cf. Cd. 638 (1901), p. 41. * Cd. 638, p. 42. * See Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, and others on The Taxation of Land. 204 THE TAXATION OF LAND VALUE 99-year systems, but subletting further complicates the situation. Thus it happens that besides the freehold pur- chaser and main lessor, the lessee, sublessee, and occupier may have interests in one piece of property. Obviously, were the new system of taxation adopted, the tax would fall on the lessee or occupier, because the latter had con- tracted to assume the burden of all taxes. Therefore if the purpose of the new system was to be carried out, and the tax made to fall on the owner of the fee simple or les- sor, the contract which made the tenant liable for all charges and taxes would be violated and the rights of the landlord infringed upon. On the one hand, it is argued that such a tax would inflict a hardship upon the owner who probably, at the time when the contract was made, consented to a smaller rent because he was relieved from the tax burden. Moreover, since the lessee, until the ex- piration of the lease, remained the recipient of any in- creases in the income from the land, the exemption from the tax would be a bounty, or an additional profit. On the other hand, it is pointed out that the ground-owner, upon the expiration of the lease, not only receives back his property, but all the improvements made by the lessee; that, also, whenever a renewal of the lease occurs, the landowner exacts a higher rental due to a rise in the value of the land, often, too, as a result of the improvements made by the tenant. It is clear, therefore, aside from any prejudice in the matter,^ why the difficulty in rendering ' The position of the Committee, forecasting the vehement opposition that had to be overcome before the enactment of the Finance Act of 1909-10, is shown in the following summary of the evidence: "Your Committee cannot but take cognizance of the fact that the principal evi- dence in support of the scheme was that of men of very extreme views, and of predatory, if not altogether confiscatory, opinions in regard to rights of property in land. In the view of such witnesses this new rate is only the beginning of a scheme of expropriation without compensation, whereby the whole burden of local and imperial charges is to be laid upon the owners of one form of property, if, indeed, any rental value at all is to be left to them. In the opinion of your Committee, a scheme. THE ENGLISH LAND-VALUE DUTIES 205 justice to the contractual parties under such complexities was made a weighty consideration in the final decision of the Select Committee. 4. The final recommendations of this Select Com- mittee, as well as the subsequent attempts at legislation, showed that the enactment of rating on land value in face of the opposition of the House of Lords would be impos- sible. In reference to the Land Values Taxation (Scot- land) Bill of 1906, the Select Committee recommended ^ (1) that the bill be dropped, (2) that a substitute measure be introduced making provision for a valuation of the land in the boroughs and counties of Scotland, apart from the buildings and improvements, and (3) that no assess- ment be determined upon until the amount of that valua- tion should be known and considered. Then, in accordance with these recommendations a bill "to provide for the as- certainment of the land values in Scotland " was presented in the House by the Lord Advocate, Mr. Shaw, during the session of 1907. It will be noted that this bill was merely for statistical purposes, not for the taxation of land value; nevertheless, the Opposition was apprehensive of the consequences of the proposed land valuation. The bill passed the House of Commons, only to be defeated in the House of Lords. ^ In the following year another bill bearing the title, "Land Values (Scotland) Bill of 1908," was again favorably voted upon in the House of Commons, but was so amended by the Lords that the government was compelled to drop the bill. This action of the Upper House, of course, only kindled the ire of the pubhc, who mainly advocated by persons holding such opinions, must be regarded with suspicion by all who condemn their ultimate aims, not only as contrary to public policy, but as inconsistent with public faith." Cd. 4845, p. 52. From a report submitted by Mr. Remnant. 1 House of Commons Paper 379 (1906), p. xrv. * See Pari. Debates (1907), vols. cXiXxrv, CLXXXi. ' Pari. Debates (1907), vol. CLXxxii, pp. 43 ff. As before this bill pro- vided for the assessment in a separate column of the capital value of all the land in Scotland. 206 THE TAXATION OF LAND VALUE interpreted it as an undue interference with popular gov- ernment.* That this determined opposition of the Lords is in part responsible for the imperial taxation of land value, as em- bodied in the Finance Act of 1909-10, is attested by num- erous utterances of the leaders in power. Thus in 1909, when Lloyd George was upbraided because no reference to the question of valuation had been made in the King's Speech, he repHed: ^ "Well, we have had some experience of trying to carry Valuation Bills through Parliament. We carried a Valuation Bill for Scotland in the House of Commons and sent it to 'another place' but it came to an unfortunate end. We are bearing that in mind. We are considering whether there are not other means of dealing with that great question, especially as it has got mixed up with local and Imperial finance. . . ." The other means re- ferred to were undoubtedly the land-value duties. Incor- porated in the budget, the land-value duties would have to become law. Indeed, the Lords' opposition to this dras- tic reform reached a dramatic climax in that year. It * In a speech of October, 1907, Lloyd George said: "The Land Values Bill, which did no more than throw upon the local authorities the single duty of valuing the land apart from the buildings upon its surface was incontinently rejected, and I say this rejection was a piece of arrogance and high-handedness which marks the extreme pretensions of the House of Lords." Quoted in the House of Lords; see Pari. Debates (1908), vol. cxcii, p. 15. * Ibid. (1909), vol. i, p. 936. The following quotations express the same thought: "We do not believe that Increment Duty is at all a desirable tax. We supported it when the Budget of 1909-10 was going through on certain definite grounds. It was Uie only means of getting a valuation of the land. Owing to the action of the House of Lords in refusing to pass in tvx) Sessions in succession a fair valuation bill we had to get our valuation of the land of the country via the Finance Act of 1909-10." (From a speech by Mr. Wedgewood, M.P. Ibid. (1913), vol. l, p. 176.) "Land reformers believed that a valuation had been accomplished, a value apart from the buildings and improvements upon land by which they would finally be enabled to secure a basis for rating and taxation fairer and more just than the basis upon which our rating and taxation now depend." Quoted from a speech by the Lord Advocate, A. Ure. Ibid., vol. lvi, p. 404. (Italics mine.) THE ENGLISH LAND-VALUE DUTIES 207 meant capitulation to the measure insuring a valuation of the land, or the dissolution of the House of Lords. ^ In such circumstances the Lords gave way, and thus the Finance Bill of 1909-10, providing for the taxation of land value, was finally enacted. 5. Having traced the development of the principle of taxing land value as a fiscal poHcy, evolved from the needs of the local governments, we have yet to discover the other motives which made the budget acceptable in 1909-10. The time was ripe for the reform, and the mo- tive existed to set the latent forces free. The budget pro- posal, in fact, was of a piece with the general poUcy of social legislation of the administration. The party in power was pledged to a number of progressive measures which it most conscientiously strove to carry out. Old- age pensions, insurance against invaUdity, accident and unemployment, labor exchanges, home rule for Ireland, were on the board; likewise, the taxation of land value. Certainly for the unusual proposals in Part I of the Bud- get, the fiscal exigencies that is, the increased expendi- ture needed for the navy and old-age pensions are not a suflBcient explanation.^ Indeed, the charge of the Op- position that Lloyd George favored the taxes on land value because he was "bitten with certain theories" can- not be repudiated. They pointed out with reason that the estimated yield of the tax was too insignificant to be fiscally justifiable.' Furthermore, when we find some Cabinet Ministers* pledged to the cause of the new 1 Cf. Pari Debates (1908), vol. cxcn, pp. 14, 15. * Cf. Lloyd George's Budget Speech, ibid. (1909), vol. iv, pp. 477, 500. If it had been a measure of fiscal exigency the tax should have been re- pealed in 1911-12, when there was a siuplus revenue. Cf. ibid., vol. IV, p. 758. * The Lord Advocate, Mr. Ure, was honorary vice-president of the Scottish League for the Taxation of Land Values; the Secretary of the Navy, Mr. Haldane, is said to have been a member of the Single Tax League. Cf. ibid., vol. vi, pp. 79, 85. Moreover, Asquith, Lloyd George, and Ure had always supported the land^value measures that bad previ- ously been presented in Parliament. 208 THE TAXATION OF LAND VALUE taxes, it is not to be wondered at that this plank in the platform was inserted in the Finance Bill, where it had a better likelihood of enactment.^ And this coup d* Uat succeeded. Again, the form of the tax, or rather taxes, disproves their alleged fiscal character. This becomes evident if we compare the English duties with the local land taxes in Australasia or Canada. In the latter countries, taxation on the basis of capital value was the natural outgrowth of conditions;'^ and land- value taxation was there adopted, because, for local purposes, it was found most expedient fiscally. The English duties, on the other hand, like the increment taxes of Germany and the Australasian pro- gressive land taxes, were enacted for other than fiscal rea- sons. Moreover, of all the forms of land-value taxation in operation, the English system bears the most studied character. It is a combination of the tax on selling value and the tax on value increment, adapted to the peculiar conditions of Great Britain. But the discriminatory fea- ture of the English land-value duties confirms the charge of the Opposition that not fiscal need, but antagonism to the unpopular landowning class to whom the increments from the appreciation in the value of the land accrue, is responsible for the measure. And because the tax was a transplanted system, so to speak, and the deeply-rooted principle of private property rights was felt to be infringed upon, the controversy in England was vehement and prolonged. In the debates in Parliament the bone of contention appears to have been the proposed substitution of capital for annual value assess- ment and the valuation of the land which this involved. From the vehemence of the Opposition, the extent to which the interests of the landlords were felt to be at * It was well understood that the House of Lords could not reject the Finance Bill with impunity; this later events demonstrated. See supra, chapter n, 6; also infra, chapter vi, 1. THE ENGLISH LAND- VALUE DUTIES 209 stake, and the extent to which their burden of taxation and rating had hitherto been evaded, now became appar- ent. The apprehension with regard to the valuation, how- ever, was chiefly confined to the landowners in England. In Scotland, where annual valuation had existed since 1854, the valuation of the land apart from the buildings was in general regarded with favor. ^ In England, the unprecedented character of the reform aroused the sever- est disapproval. The duties were regarded by the Oppo- sition as a confiscatory measure. '^ "This Undeveloped Land Duty," said Mr. Everett in the House of Commons,' "is a very remarkable one; it is the greatest innovation of all the Land Taxes proposed, and it excites a great deal of apprehension in the minds of many. It is quite excep- tional and unprecedented in its character. . . ." Equally novel appeared the duty on value increment, which was modeled after the German "Zuwachssteuer," * and the reversion duty, which, though resembling the increment duty, was clearly adapted to the English leasehold sys- tem. As for the mineral-rights duty, so impractical and impossible did the valuation of undeveloped, unopened mines appear that the original proposal to tax mineral land was abandoned, as we shall see,^ and a new method * "For twenty years back in seven of the counties of Scotland, the rent and the consequent rate had been fixed upon the valuation of the land apart from the buildings and improvements upon the land. In all these counties where the custom was for the tenant to erect buildings and make improvements there was no rent charged upon them, and there was a valuation every year of land alone apart . , . with regard to urban dis- tricts ... for upwards of half a century it had been the regular practice in Scotland to make the valuation of land and buildings separately." From a speech by Mr. Ure. Cj. Pari. Debates (1908), vol. clxxxiv, pp. 891-92. * Cf. ibid. (1909), vol. iv, pp. 811, 909; vol. vi, p. 110, * Ibid., vol. XII, p. 516. * Lloyd George, prior to the presentation of the budget in the House, had himself traveled through Germany to investigate the subject at first hand. See ibid., vol. rv, p. 1758. InfTa, 11. 210 THE TAXATION OF LAND VALUE substituted. Nevertheless, in spite of the severe contro- versy which the duties aroused, these "fantastic propos- als which were so alarming the country" ^ became law. 6. Turning to the analysis of the land-value duties, it is necessary to point out that many of the clauses admit of various interpretations. It is, indeed, agreed among legal authorities that the bill was badly framed,^ and it has given no end of difficulty to the courts which must interpret its meaning. The full title of the Finance Act (the "statute with a barbarous name," ' as it has been called by a "truculent King's Counsel") reads as follows: "A Bill to Grant Certain Duties of Customs and Inland Revenue (including excise), to alter other Duties and to amend the Law relating to Customs and Inland Revenue (including excise) and to make other financial Provisions." Thus, not only did the government incorporate a social reform measure in a comprehensive fiscal proposal, but it consigned the first part * of the Act to the fiscally unim- portant land-value duties. It is this part that will here be examined. The English system of taxing land value is complex, embracing not one tax but four dififerent ones; namely, (1) the value-increment duty, (2) the reversion duty, (3) the undeveloped-land duty, and (4) the mineral-rights duty. The first two are indirect levies, the last two are annual, direct taxes. In the following sections we shall attempt to interpret these several duties in the light of recent court decisions, to explain the system of valuation Pari Debates (1909), vol. iv, p. 1779. * Cf. Napier, " The Valuation Scheme of the Land Clauses of the Fi- nance Act " (1910), in the Law Quarterly Review (1911), vol. xxvii, pp. 441 Jf . Cf. also Cox-Sinclair and Hynes, " Some Problems in Land Val- ues," in Law Magazine and Review (1912-13), vol. xxxviii, pp. 336 jf. * Law Quarterly Review (1912) vol. xxvni, pp. 320-21. * Part I has the following subdivisions: (1) Increment- Value Duty, (2) Reversion Duty, (3) Undeveloped-Land Duty, (4) Mineral-Rights Duty, (5) Valuation for Purposes of the Duties, (6) Appeals and Sup- plemental Clauses. THE ENGLISH LAND-VALUE DUTIES 211 of all the land in the United Kingdom as provided for in the Act, and to describe the administrative features of the new taxes. 7. The value-increment duty ^ is a tax of twenty per cent of the increase in the site value of the land, calculated from the "original site value" on April 30, 1909. The occa- sions for the payment of the duty are as follows : ^ (a) Whenever the land or any interest in the land shall be sold. (6) When land shall be leased for a period exceeding fourteen years. (c) In case of the transfer of land on death. (d) On April 5, 1914, and in every subsequent fifteenth year, on land held by bodies corporate or unincorporate. The next important consideration is how to ascertain the value increment. The Act defines value increment as "the amount (if any) by which the site value of the land on the occasion on which increment-value duty is to be collected . . . exceeds the original site value of the land." ' This original site value is to be determined by making a valuation of all the land, and the value is to be estimated as on April 30, 1909. To ascertain the site value the Act defines four values, the total, the gross, the full site, and the assessable site values. This classification, it is agreed,* unnecessarily complicates the system of valuation and assessment. Reduced to its simplest terms, the site or assessable value may be defined as the value which the "fee simple of the land, if sold at the time in the open market by a willing seller in its then condition, free from incumbrances, and * It is significant that the proposal to change Section I to read "un- earned increment" was voted down in Committee. See Pari. Debates (1909), vol. VI, pp. 1484-87. House of Commons Bill 144 (1910), 1. Ibid., 2. * Cf. Solicitors' Journal, vol. lv, p. 736; also Cox-Sinclair, op. cii., p.S4a 812 THE TAXATION OF LAND VALUE from any burden, charge, or restriction ^ (other than rates or taxes) might be expected to realize," after deducting: (a) The amount of any buildings and of any other structures, including fixed machinery, all growing timber, fruit trees, fruit bushes, etc. (6) The total value of the expenditures incurred for im- provements, such as drainage, leveling, advertisements, etc. (c) The value added to the land by dedication of neigh- borhood land as squares, gardens, roads, open spaces for the use of the public. (d) The value attributable to expenditure on the re- demption of any land tax, fixed charges, enfranchisement of land previously of copyhold tenure, or attributable to "goodwill," etc.2 Comparing the value-increment duty with the German system, it is to be noted: First, as regards the occasions of levy, while the Ger- man tax is collectible only on the occasion of a sale of the land, the English law adds the transfer by lease, death, * Bill 144, 25. " The amount by which the value would be diminished if the land were sold subject to any fixed charges and to any public rights of way or any public rights of user, and to any right of common and to any easements aflfecting the land, and to any covenant or agreement restricting the use of the land entered into or made before the thirtieth day of April, 1909, and to any covenant or agreement restricting the use of the land entered into or made on, or after that date." * We have attempted to simplify the definitions of values used in the Act, which have been called a " verbal juggle. " The Act provides for the separate valuation of the total and assessable site values. To ascertain these, a roundabout method is provided for: thus the assessable site value is obtained by making certain deductions from the total value, which is itself the gross value less burdens, charges, restrictions. Accord- ing to the Act, 25 (4), however, the assessable value of land means the total value after deducting: " (a) the same amount as is to be deducted for purposes of arriving at full site value from gross value," etc. This necessitates the ascertainment of gross value and full site value. The result of this method of valuation has been sometimes very anomalous values, for example, minus values. Cf. Solicitors' Journal, vol. lvi, pp. 478/. Cf. also infra, 12. THE ENGLISH LAND-VALUE DUTIES 213 and in case of corporations, a periodic occasion of fifteen years. This last occasion for the collection of value incre- ment is explainable by reason of the fact that a corporation has legally a permanent existence. The arbitrary period of fifteen years is therefore substituted for the occasion of the passing of land on death. While, then, the German government contents itself with sharing the increment whenever the profit actually accrues to the landowner, the English government demands a share of the increment on all occasions of transfer, whether the increment has actually accrued to the owner, or is only potentially realiz- able. Secondly, the method of ascertaining the value incre- ment is different. In the German system the actual selling prices constitute the basis of computation; in the English system, a hypothetical, fictitious value is the basis. ^ It is true that the latter is in closer accordance with the princi- ple of the tax, that only the increment attributable to influences affecting the value of the site irrespective of the improvements should be taxable.'' The German system, however, even though lacking in accuracy from the stand- point of principle, is simpler in administration and more practicable. Thirdly, the English tax, which takes from the land- owner one-fifth of the value increment accruing since 1909, is neither retroactive, nor progressive, as is the German imperial tax. Only the future increments will be made subject to duty. That this is fiscally less expedient has abeady been pointed out in the case of the Cologne ordinance.' First, the revenue from the value-increment duty must be trifling for a number of years to come; sec- ^ It is held that the valuation provisions are applicable to the ascer- tainment of the occasional as well as the original site values. CJ. Solid- tors' Journal, vol. lv, pp. 717, 710. ' We have, indeed, seen that in some cases the Grennan " ZuwaduH steuer" is a realty, not a land-value tax. CJ. supra, pp. 150-51. * See supra, chapter iv, 18. 214 THE TAXATION OF LAND VALUE ondly, the expense of the valuation for the original site value has already been enormous.^ Fourthly, as under some of the German local measures, a remission of ten per cent of the original site value is allowed under the English system, on the first occasion for the collection of increment duty; and a remission of an equal amount of the site value on the last preceding occa- sion for the collection, on any subsequent occasion for the collection of duty; with this proviso, "no remission shall be given on any occasion which will make the amount of the increment value on which duty has been remitted dur- ing the preceding five years exceed twenty-five per cent of the site value of the land on the last occasion for the collec- tion of increment-value duty prior to the commencement of that period or of the original site value if there has been no such occasion." * Thus, in order to be taxable the value increment must constitute at least ten per cent of the previous site value; and then it is only the excess over the ten per cent that is taxable. ' Fifthly, like its German prototype, the value-increment duty is a stamp duty and is deemed paid when the govern- * Of course, as we have shown, the valuation of all the land in the United Kingdom was to serve another purpose than the administration of the value-increment duty. See supra, p. 206 and footnotes. ' An illustration will make this complicated wording clear. A piece of land whose original site value, i.e., on April 80, 1909, let us suppose, was 600 is sold in 1911 for 660. Since the value increment does not exceed ten per cent of the original site value, no tax is payable. Suppose, now, it is sold again in 1914 for 726. Again, because the excess over the previous selling price is only 66 or just ten per cent, no tax will be im- posed. Now, should this piece of land be again sold in 1916 for 800, the value-increment duty will not be charged on the 74, the difference in value since the last occasion in 1914; but on the difference between the original site value, 600, and the 800, for the amount of the value in- crement on which duty had been remitted during the preceding five years exceeds twenty-five per cent of the original site value. However, as a remission of twenty-five per cent is allowed in this case, the taxable value increment will be only 50. Twenty per cent will give a tax of 10. Cf. Napier, The New Land Taxes, pp. 13/. C/, Bill 144, (1910), 3. THE ENGLISH LAND-VALUE DUTIES 215 ment stamp has been attached to the deed at the time of transfer.^ Sixthly, following the German precedent again, the Eng- lish Act provides that, if it can be proved to the Commis- sioners that the site value of a piece of land at any time within twenty years prior to April 30, 1909, exceeded the original site value as ascertained under the Act, that higher value shall be substituted for the original site value. It will readily be seen that it is in the interest of the person subject to the value-increment duty to have the original site value as high as possible, unless this person be likewise subject to the undeveloped land duty.^ Seventhly, difficult as it is to determine the incidence of the tax, the English law nevertheless stipulates, as do the German laws, that the tax shall be paid by the trans- feror or lessor, and in case of a sale by the seller.' It would seem therefore that the conflicting interests of seller and purchaser with regard to the value of the land will tend to the registration of the actual value of the land and will tend to prevent fraud. For it is to the advantage of the seller to have the original site value estimated as high as possible, and the selling price as low as possible, so that the difference may be less. On the other hand, it is to the interest of the purchaser to have the selling value as- sessed as high as possible, so that the difference between that value and the value at a future transfer may be less. Eighthly, a notable departure from the German practice is the exemption of agricultural and small holdings from value-increment duty. The following are exempt: (1) Agricultural land, or rather land whose market value does not exceed the average value of land used for agricul- tural purposes.^ For example, if a parcel of land used for 1 Cf. BiU 144 (1910), 3. * Ihid., 2. See infra, 9. lUd., 4. * lUd., 7. The chief reason for exempting agricultural land is that the value of rural land in England has on the whole depreciated. 216 THE TAXATION OF LAND VALUE agricultural purposes could bring a higher value if sold for building purposes, the exemption would not apply. (2) Small properties occupied by the owner, provided:^ (a) the house is situated in the County of London and has an annual value not exceeding 40 (as determined for Income Tax, Schedule A); or, (6) the house is situated in a borough or urban dis- trict of 50,000 population or upward and has an annual value not exceeding 26; or, (c) the house is situated elsewhere and has an an- nual value not exceeding 16; or, (d) the land is used for agriculture and does not exceed 50 acres, ^ whose average total value does not exceed 25 per acre. Other exemptions are: (3) Any land owned by a corporate or unincorporate body which receives no dividends or profits out of the revenue, but uses the land for games and other recreational purposes." (4) Land held by any department of government, or by or for the king. This does not obviate the valuation of Crown lands, for, to facilitate future transfers, increment duty owing on such land is assessed and deemed to have been paid.* The further discussion of the value-increment duty must be reserved for later sections under the administration and working of the tax. We shall find that peculiar diflSculties in administration have arisen, because the law was framed 1 Cf. BUI 144 (1910), 8. * The owner must be resident on the land and the total amount owned by him must not exceed fifty acres. The exemption is not applicable to any land together with a dwelling house when the annual value of the house exceeds 30. See ibid., 8. Ibid., 9. * Ibid., 10. THE ENGUSH LAND-VALUE DUTIES 217 in accordance with the theory of the tax, not in accordance with experience.^ 8 The adaptation of the principle of the tax on value increment to leasehold property is characteristically Eng- lish, for it is in England that the leasehold system is very widely developed. The Act provides that, on the expira- tion of a lease of land, reversion duty shall be charged at the rate of one pound for every complete ten pounds of the value of the benefit accruing to the lessor, by reason of the determination of the lease.* At first sight the rever- sion duty would seem to be a value-increment duty collec- tible on another occasion than those mentioned, that is, on the expiration of a lease. But in principle and method of assessment the two are distinct taxes and should be differ- entiated from each other. To illustrate: a landowner, without making any outlays, leases his land to a tenant for a term of years, frequently on a ninety-nine year lease. The tenant improves the property by erecting a building and otherwise, assumes all risks, pays all taxes, and at the expiration of the lease, the property, including improve- ments, reverts to the landowner. Such being the usual case, it is argued, as in the case of the value-increment duty, that to appropriate ten per cent of this "unearned" value in behalf of the government creates no hardship upon the owner of the fee simple.' This reasoning has been attacked on several grounds. Unlike the duty on value increment, the reversion duty is not only retroactive, but is an infringement of the right of free contract. To illustrate this contention, assume that a person owns a parcel of land which his father had leased to a builder for a period of eighty years for a ground rent of 20 annually, plus a sum of 300, as a premium in con- sideration of the lease. At the expiration of the lease in 1912, the landowner recovers the house and lot. Assume 1 See infra, H, 13. * Bill 144 (1910), 10. Pari. Debates (1909), vol. xn, pp. 369/.; vol. iv, p. 640. 218 THE TAXATION OF LAND VALUE further that the total value of the land, buildings, fixtures, etc., at the termination of the lease was 2000. Deducting from this amount the value of the consideration paid at the time of the original grant of the lease, namely 300, plus the capitalized rental at twenty-five years purchase, 500, the lessor profits by a value increment of 1200. Reversion duty on this sum at ten per cent equals 120. Suppose, now, the opponents of the tax argue, that the 20 rental was not a rack rent; suppose that the rental charged was somewhat less by virtue of the expenditure incurred by the lessee, the landlord counting on the in- creased value because of the improvements and the ex- pected reversion; is it right to disappoint his expectations by levying this retroactive tax? Suppose, too, that the rental was less because of a certain stipulation in the con- tract as to the amount of expenditure the lessee was to incur; is it not an interference with the right of contract, to levy this tax on a false assumption that the rental charged always represents a rack rent? ^ To meet such arguments and to avoid any possible hard- ships, the government has granted concessions to the Oppo- sition, which invahdate the objections to a great extent. First, it is provided,^ that in computing the value of the benefit accruing to the lessor, any value attributable to any works executed or outlays incurred by the lessor, as well as any compensation payable by him to the lessee on the termination of the lease shall be deducted from the total value. Secondly, the value of the land at the time of the original grant of the lease shall be ascertained on the basis of the rent paid and the payments made in consider- ation of the lease; and when a nominal rent has been charged the tenant, the value of "any covenant or under- taking to erect buildings or to expend any sums upon the property" shall be taken into consideration in calculating Cf. Pari. Debates (1909), vol. vi, pp. 79, 80; vol. xn, pp. 371/. Bill 144 (1910), 13 (2). THE ENGLISH LAND-VALUE DUTIES 219 the value of the land at the time of the original grant of the lease.* In regard to lessors who are themselves entitled only to a leasehold interest in the land, the value of the benefit accruing on the termination of a lease shall be re- duced in proportion to the amount by which their interest is less than the value of the fee simple. Again, in view of the Uberal exemptions from reversion duty, the objection to the retroactive feature of the tax loses weight. These exemptions, however they may limit the fiscal efficacy of the tax, are in accordance with the govern- ment's general policy as regards leaseholds. Exempt are: ^ (a) Any reversion in case of a lease made prior to April SO, 1909, which determines within forty years of the date of purchase. (b) Any reversion of land which on the expiration of the lease is agricultural land. (c) Any reversion in case of a lease, the original term of which did not exceed twenty-one years. We may take note also of the following provision of partial exemption: In case of a reversion before the term of the lease expires, and in case the lessee is granted a new lease for a term extending at least twenty-one years be- yond the date on which the original lease would have expired, an allowance of two and one-half per cent of the duty shall be granted for every year of the original term of the unexpired lease from the time the lease is determined. This allowance shall be treated as if it had been paid, pro- vided that the exemption shall not exceed fifty per cent of the whole duty payable.' * The decision in the Camden case makes this provision practically superfluous and renders evasion of part of the tax easy. The House of Lords confirmed the judgment of the Court of Appeal against the gov- ernment, holding that the value of the building, 6000, was to be con- sidered in the rental. The government held that the 125 rental agreed upon at the time of the grant of the lease in 1824 was not a nominal rent merely. Cf. Solicitors' Journal, vol. LVin, p. 717. Bill 144 (1910), 14. Ibid.. 14 (3). Repealed in 1911. Cf. Revenue Bill (1911), 8. 220 THE TAXATION OF LAND VALUE It is necessary to point out the reasoning upon which these exemptions are based. First, short lease contracts are to be exempted, because the lessor in such cases cannot demand so high a rental as for a long-term lease, in view of the improvements to be made by the lessee which will ultimately revert to the lessor. In other words, in granting a short-term lease the rental will be less in consideration of the outlays to be incurred by the lessee. On the other hand, in granting a long-term lease, as for a period of forty years or over, the owner, it is assumed, has in mind a permanent income and does not anticipate the enhanced value of the property which may ultimately revert to him. Such an enhanced value is in the nature of a "windfall," and to appropriate a share of it will not disappoint the expectations of the ground-owner. The distinction drawn between short- and long-term leases is for the purpose of discouraging the latter and to facilitate the frequent re- newal of leases. That short-term leases, under which the lessee is apt to get more favorable treatment, are desirable seems to have been the sentiment of both political parties.^ Further exemptions from reversion duty are the follow- ing: (d) Mining leases.^ (e) Where the reversioner is a rating authority.' (/) Where reversion is held for charitable purposes. (g) Where reversion is held by a statutory company for * In his budget speech Lloyd George argued that the exemption of short-term leases from reversion duty would have the desired effect: "I propose to make a special abatement of duty proportionate to the unex- pired period of the original lease which is surrendered and have great hopes that this allowance, coupled with the fact that the value of the re- version for the purpose of duty, will be calculated upon the difference between the consideration for the old and the consideration for the new lease, will induce owners to grant renewals more readily and upon more favorable terms than at present, and so tend to remove one of the most mischievous effects of the leasehold system." Pari. Debates (1909), vol. iv, p. 541. * Bill 144 (1910), 22 (1). Under certain conditions. Cf. infra, p. 283. Ibid., 36. THE ENGLISH LAND-VALUE DUTIES 221 the purposes of its undertaking and cannot be appropri- ated except for those purposes.^ As in the case of the vahie-increraent duty, so with re- gard to reversion duty, the ambiguous wording of the clause has given rise to difficulties in legal construction and has been held up to criticism, if not ridicule, by legal au- thorities.'^ The clause in question reads: "On the deter- mination of any lease of land there shall be charged ... on the value of the benefit accruing to the lessor by reason of the determination of the lease, a duty, called reversion duty, at the rate of one pound for every complete ten pounds of that value." ' Now, it is argued that a lease can expire, not alone by lapse of time, but by merger through a release or surrender of lease, etc. Suppose the lessee in the illustration given above, after making the improvements, had purchased the leasehold of the ground-owner, would not a benefit have accrued to the latter on the determina- tion of the lease.'* And in accordance with the wording of the clause, should he not be liable for reversion duty? Again, it has been argued ingeniously, that the words "benefit" and "by reason of the determination" are am- biguous, that a benefit arising from a merger accrues by the sale, not by reason of the conveyance which reversion im- plies; hence the determination of the lease does not give rise to the benefit.* A further objection is the possibility of evading the payment of reversion duty by avoiding a ^ Bill 144 (1910), S8. A statutory company is a quasi-public com- pany incorporated under a Sp>ecial Act. C/. Report of Commissioners of Inland Revenue, 1911 (Cd. 5833), p. 151. ' Solicitors' Journal, vol. Lv, pp. 104 Jf. Bill 144 (1910), 13. * It has been pointed out, however, that the merger involves the deter- mination of the lease, and gives rise to a benefit, for the value of the free- hold, when the lease expires, exceeds the value of the lease and reversion. In other words there is a "dormant" value which the determination of the lease confers on the owner. "During the existence of the lease neither lessee nor lessor can deal with the property to the same advantage as if it were free from lease." Cf. Solicitors' Journal, vol. LV, p. 105. 222 THE TAXATION OF LAND VALUE merger. Thus, by assigning the lease to a trustee for the lessee, until the renewal of the lease is effected, the estate would not revert to the owner at all and no duty would be collectible.^ The objections, however, are for the most part legal quibbles and do not affect the administration of the duty. It is necessary to point out that when the lease expires by sale, value-increment duty, as well as reversion duty, is collectible. But to provide against the payment of double duty it is stipulated that, when value-increment duty has been paid, no reversion duty shall be charged on the same property at the same time, and vice versa.^ Furthermore, whether the ground-owner actually realizes a sum of money on the determination of the lease is immaterial; the im- portant thing is that the property shall have a higher value than at the time of the grant. The possibility of evasion of the duty has been much discussed and has led to the amendment of some of its provisions. In regard to the rate of the tax, it is worthy of note that the reversion duty is at the rate of ten per cent, or one-half the rate of the value-increment duty. When, however, it is considered that reversion duty is a retroactive tax and that no minimum exemption is allowed as in the case of value-increment duty, the discrepancy is after all slight. 9. The duties thus far considered are both indirect levies; the others, comprising the land-value duties, the undeveloped land and mineral-right duties, are direct taxes. The undeveloped land duty is a charge of one-half penny in the pound on the value of unimproved land. It is an annual tax on capital value. What constitutes undeveloped land, the following definition will make clear: "For the purpose of this Part of this Act, land shall be * Cf. Solicitors' Journal, vol. LV, pp. 105-06. ' "The difficulty of determining, say on death in 19S0, how much value increment had been included in the taxation in 1920 of benefits ac- cruing by reason of the determination of a lease, is a little appalling." Napier, The New Land Taxes, p. lii. THE ENGLISH LAND-VALUE DUTIES 223 deemed to be undeveloped land, if it has not been de- veloped by the erection of dwelling houses or of buildings for the purposes of any business, trade, or industry other than agriculture (but including glass-houses or green houses), or is not otherwise used bona fide for any business, trade or industry other than agriculture. . . ." ^ In instituting this direct tax on unimproved land the aim was to correct a social ill pecuhar to most urban communities, rather than to tap a new source of revenue. The minority reports of the different select committees that had investigated the subject had called attention to the aggravation of congestion in cities arising from the fact that land was being kept out of use and held for spec- ulative purposes. This was the grievance to which the Chancellor of the Exchequer pointed when he said: * "There are millions of acres in this country which are more stripped and sterile than they were, and providing a living for fewer people than they did even a thousand years ago." It was hoped that even a slight tax on non-income- bearing land would induce utilization of the land, a result much to be desired. What then could be the objection to such a small charge on land? The fundamental objection raised against the undeveloped land duty was one of principle. This was the first time that a direct, i.e., annual, tax on capital value was imposed, a most discriminatory tax. First, therefore, the establishment of a precedent was regarded with serious apprehension. Secondly, the taxation of non- income-bearing land seemed contrary to the established principles of taxation. Receiving no income, wherewith was the owner to pay the duty? "It is a tax not upon annual value, as all other rates and taxes to which we are accustomed are, but it is a tax upon capital value, and it differs from all the other Land Taxes in that it is an annual charge. It is not a charge once and for all as the 1 Bill 144 (1910), 16. * Pari. Debates (1909), vol. iv, p. 490. ItU THE TAXATION, OF LAND VALUE Increment Taxes, but an annual charge upon capital value. It is a tax laid on without there being any money in hand out of which to pay it. . . . But in this case the tax is to be laid on annually on individuals who are receiving nothing and have not the wherewithal to find money unless they sell the land or draw it from some other source." ^ Other objections to the duty on undeveloped land were raised. Thus the question was discussed in Committee as to the possibility of judging of the ripeness of vacant land for building purposes. On the one hand, it was ques- tioned whether land was kept out of use for other reasons than that its improvement was at the time unprofitable. A tax on such land would compel the owner to make im- * From a speech by Mr. Everett, M.P,, Pari. Debates (1909), vol. xii, p. 516. Whether the new tax actually entails hardships cannot be deter- mined from isolated instances, nevertheless the following cases, occurring after a three years' experience with the undeveloped land duty, cited by the Earl of Camperdown in the House of Lords should be noted: " The Undeveloped Land Duty is, I think, the heaviest and the most unjust of all the land taxes under the Budget of 1909-10. Undeveloped land duty is imposed on the difference between the value of the land for agri- cultural purposes and the assessable site value of the same land. ... In saying that this duty amounts to 50 per cent or upwards of the highest income obtainable at the present time, I have put it at a very moderate figure, because in a great many cases it amounts to a great deal more than 100 per cent. . . . Here is one case. It concerns three acres of land. The present income is 7 10s., the capital value on which duty is assessed is 2490, and the amount of the duty is 5 4s. As against 7 10s. income the owner has to pay 5 4s. duty, and it is calculated that in fifteen years that land may be developed. That is not the only hardship, because five years hence this land will be revalued. It may not have been developed, . . . indeed, the valuer does not expect that it will be developed for fif- teen years . . . but at that time the capital value may be considerably in- creased, and therefore the duty payable would be also considerably in- creased. The owner of this property has to pay 5 4s. in duty out of an income of 7 10s. until such time as the land is developed, and when it is developed, if it is found to be of a higher value than it is assessed at if the owner receives more for the land than it is assessed at at the end of those fifteen years he will be liable to Increment Duty on the differ- ence." Another case cited by the Earl was of a duty of 20 levied on land used for rabbit shooting from which the income was 5. Pari. Debates (Lords 1913), vol. xiv, pp. 1743-44. Cf. also (Commons) vol. lii, pp. 913, 919-20. THE ENGLISH LAND-VALUE DUTIES 225 provements prematurely, would force land and buildings into the market before there was a demand for them. Moreover, it was feared that such a duty by giving the owner an incentive to build would have the effect of over- utilization of the land; the familiar argument, that gardens, squares, and other open spaces, the so-called "lungs" of the city, would be built upon, to the detriment of public health. On the other hand, the opponents also claimed that the purpose of the duty on undeveloped land would be frustrated, because so far as the rich estate-holder on the periphery of growing towns was concerned, a tax of one- fifth of one per cent would not impose a special burden upon him to induce him to develop or sell the land.^ Speculation would go on and land remain vacant as before. The question of the definition of undeveloped land proved perplexing. To guard against special hardships, as well as to prevent evasions the following provisions were inserted: ^ (a) Land which had once been improved but has become derelict shall be exempt for a period of one year after it has ceased to be used; after that such land shall be subject to the duty as undeveloped land. (b) When the owner of unused land proves that he or his predecessors had incurred expenditures on roads, sewers, etc., with the purpose of developing the land, such land shall be regarded developed to the extent of one acre for every complete 100 of that expenditure, provided, that not more than ten years have elapsed since the outlay was made. (c) For the purposes of this duty, undeveloped land shall not include minerals, nor mineral land. (d) When value-increment duty has been paid on unde- veloped land, the site value of this land, for purposes of computing the amount of undeveloped land duty, shall be * Pari. Debates (1909), vol. xii, p. 675 et passim. Cf. Bill 144 (1910), 16. 226 THE TAXATION OF LAND VALUE reduced by a sum five times the amount paid as value-in- crement duty.^ Furthermore, to guard against the evil of overutilization of land as well as to encourage gardening and open spaces in the interest of health and recreation, the following ex- emptions from duty were stipulated: ^ (a) Land, the site value of which does not exceed 50 per acre. (b) Agricultural land, except when the site value exceeds 50 per acre; in the latter case undeveloped land duty shall be charged only on the amount by which the site value ex- ceeds the average value of purely agricultural land. (c) Parks, gardens, and open spaces used by the public; also land held vacant for games and recreation in the inter- est of the public. (d) Land not exceeding an acre in extent occupied with a dwelling-house; or any gardens or pleasure grounds which together with the dwelling-house do not exceed twenty times the annual value of the gardens; but such land shall be exempt to the extent of five acres only. (e) Agricultural land held under a tenancy originally created by a lease, or agreement made, or entered into be- fore April 30, 1909. (/) Small holdings in case of agricultural land occupied or cultivated by the owner, where the total value of the land with any other land belonging to the same owner does not exceed 500.^ In order to prevent the evasion of duty under exemption (c) above, which provides for the exemption of sites used for games or other recreation grounds used under some agreement with the owner, the Act stipulates that such exempted land, "shall not be built upon unless the Local Government Board give their consent, on being satisfied that it is desirable in the interest of the public that the re- ^ This provision is to prevent double taxation. BiU 144 (1910), 17. Ibid., 18. THE ENGLISH LANI>-VALUE DUTIES 227 striction on building should be removed." Under such a provision, obviously, only a bona fide purpose will tempt the owner to seek exemption. As we shall see later, ^ for the purpose of levying this duty a quinquennial valuation is provided for to ascertain the site value of undeveloped land. Therefore, irrespective of any changes that may occur in the value of the land, the assessed site value remains unchanged during the five year period between valuations. ^ 10. Vehement as was the opposition to the enact- ment of the undeveloped land duty, the controversy waged fiercest about the mineral-rights duty. For here, not alone the landowners but the mining industry were deeply con- cerned. Indeed, of the four duties proposed, the one on mineral rights had to meet the severest criticism, especially in the early stage of the debate. Convinced of the diflScul- ties of valuation and the uncertainty of both the incidence and yield of the tax as first proposed, the Chancellor of the Exchequer was persuaded to revise the clauses with regard to taxing mineral land.^ As originally drafted this tax was a charge of two-tenths of one per cent on the capital value of the unworked mineral land and was in every respect correlated to the duty on undeveloped land, its supporters claiming that the duty would have the effect of opening up the mines and increasing industry. But the proposal to tax unworked minerals aroused a storm of antagonism. How was the value of minerals unworked and beneath the surface to be ascertained? The duty which was finally adopted falls on the royalty which the lessor enjoys "without contributing anything to the rates of the district or in any way risking his money." * It is a charge of one shilling for every twenty shillings of the rental value of all rights to work minerals 1 Infra, 12. * Cf. Pari. Debates (1918), vol. LVi, p. 350. Ibid. (1909), vol. ix, pp. 662 jf. * Ibid. (1909). vol. xii, p. 587. The sentiment against the mine- owners at the time of the budget agitation ran high. At a conference 228 THE TAXATION OF LAND VALUE and of all mineral way-leaves.^ A mineral way-leave is defined as "any way-leave, air-leave, water-leave, or right to use a shaft granted to or enjoyed by a working lessee, whether above or under ground, for the purpose of access to or the conveyance of the minerals, or the ventilation or drainage of his mine or otherwise in connection with the working of the minerals." ^ Like the undeveloped land duty this is a direct annual levy, but the rate is five per cent of the rental value, as compared with the one-fifth of one per cent tax on the capital value of undeveloped land. From the standpoint of the government the amended provisions were an improvement over the original proposal rather than a concession to the Opposition. First, the change obviated the complexities involved in valuing un- worked minerals, and made the administration of the tax comparatively simple. In case of a lessee most mines are operated by lessees in England the annual value is easily ascertained, for it is the amount of rent paid by the working lessee in the last working year. The difficulty arises in computing the annual value in case the proprietor himself is the operator of the mine. The law provides that the Commissioner shall determine the rental in such cases. He is to determine a hypothetical value, "the sum which of Scottish miners it was estimated that the annual value of the coal in Great Britain was 120,000,000, and that of this sum nearly 10,000,000 were paid to the landowners in royalties. The mines are for the most part worked by lessees, who also protested against the ex- orbitant rents exacted from them. " In one important section of our industries we are already sufficiently and more than sufficiently handi- capped. The country at large, however, knows very little of it, but it appeals to me very forcibly indeed. It stands up against me in every balance sheet of the various companies of the north of England with which I am connected. These companies alone during the last ten years have paid no less than 761,000 in royalties and way-leaves, an average of 76,000 per annum. Apart from my own particular interests, the Cleveland district within the period of my own life-time has yielded royalties to a sum exceeding 13,000,000 sterling." Budget, Land, and the People, p. 48. Bill 144 (1910), 20. * Ibid., 24. THE ENGLISH LANI>-VALUE DUTIES 229 would have been received as rent by the proprietor in the last working year if the right to work the minerals had been leased to a working lessee for a term, and at a rent, and on conditions, customary in the district, and the minerals had been worked to the same extent and in the same manner as they have been worked by the proprietor in that year." ^ Another difficulty that may arise in the administration of the duty is to ascertain the amount to be deducted from the taxable annual rental for expenditures incurred by the proprietor in boring and proving the minerals. In regard to this allowance, the Act provides that, when the rental is shown to the Commissioner to exceed the rental custom- ary in the district, and to represent a return for expendi- ture on the part of any proprietor which would ordinarily have been borne by the lessee, the Commissioner shall estimate and make allowance for the excess amount of rent. Secondly, under the revised proposal, the mineral-rights duty became a more productive source of revenue. Whereas under the original plan Lloyd George had estimated the yield of both the undeveloped land and unworked min- eral duties at about 350,000 for the first year, when the change was made to the duty on rental, he set the estimate for mineral-rights duty alone at 350,000.* In one respect, however, the change in the bill was said to be a surrender of principle, and a concession to the Oppo- sition. As the bill originally stood, the tax on the unworked minerals would have, according to theory, fallen on the proprietor of the mine, the person whom it was intended to burden. Regarding the duty as finally adopted, i.e., on working mines only, although Lloyd George and others contended that it could not be shifted to the lessee nor affect the market price of the product, this contention has BQl 144 (1910), 20. See Pari. Debates (1909), vol. xn, pp. 599 ff. * Ibid. (1909), vol. iv, p. 540: vol. xi, p. 604. As a matter of fact the revenue yielded even the first year greatly exceeded the estimate. Cf. infra, 14. 2S0 THE TAXATION OF LAND VALUE been questioned. In fact, in consenting to exempt "com- mon clay, common brick clay, common brick earth, or sand, chalk, limestone, or gravel," the Chancellor of the Exchequer was inconsistent, for if the taxation of the above- named minerals would enhance their market price, why should it not do the same thing in the case of the other minerals? It may have been merely a concession to the Opposition. Nevertheless, the argument that upon the renewal of the lease the rental would be raised to the amount of the tax capitalized, causing a rise in the price of the raw material, has not been refuted experimentally.^ The complex provisions with regard to the assessment of the mineral-rights duty, arising from the conflicting or syn- chronous occasion for the value-increment duty on mineral lands, will be analyzed in the following section. 11. When the clauses of the Finance Act relating to the mineral-rights duty are analyzed, we find in reality two duties embraced under the one name: first, the five per cent tax on the rental value of the minerals comprised in a mining lease or being worked by the proprietor at the time the Act was passed and so long as the mines continue to be so worked; secondly, a twenty per cent tax charged on the annual value increment in case of mines opened for work after the 30th day of April, 1909. Whenever the annual value-increment duty is levied, no mineral-rights duty, that is, no five per cent tax on the rental, is collect- ible. When the purpose of this provision is explained, the seeming complexity will disappear. In the first place, be- cause mines are wasting assets, that is, are subject to depreciation in value when worked, they must be treated somewhat differently from other land whose tendency is rather to increase in value. Secondly, since the mineral- rights duty is charged only on mines which are being ^ Pari. Debates (1909), vol. ix, pp. 666 Jf. Of course, the law provides that the proprietor, not the operator of the mine, shall be liable for the tax. The question is whether the owner is the ultimate bearer of the duty. THE ENGLISH LAND-VALUE DUTIES 231 worked, unworked mines would be at an advantage, or at a premium, unless they were made subject to the value- increment duty. But the value-increment duty, thirdly, on a wasting asset is impracticable, because the value in- crement on the occasion of a transfer could not be deter- mined, for the value on the occasion might be found to be less than on the previous occasion, or than the original site value; and yet the rental accruing to the mine owner dur- ing the period might have included an increment. There- fore, since the indirect levy of the value-increment duty is impracticable, and since the mineral-rights duty on working mines is insufficient without the value-increment duty, the annual value-increment duty was devised to ap- ply only in case of mines opened to be worked after April 30, 1909. A few illustrations of the method of assessment will further elucidate the complicated provision: (1) Suppose A owns a mine which is unworked. He pays no mineral- rights duty on it, because the duty is inapplicable to un- worked mines. The owner now places no value upon the minerals; therefore, at the general valuation made, it is recorded as of no value in accordance with section 23 (2) of the Act. Now, suppose A sells the mine in 1911 for 500. Increment duty is payable on the whole 500, and amounts to 100. Had A set a value on the mine, as he had a right to do, at the time of the original valuation, he would have been subject to less value-increment duty.^ (2) Sup- pose A's mine was being worked by a lessee, B, since 1905, in payment of a rental of 200 yearly. ^ A would be liable ^ What prevents the owner from putting a high or any value on the mines is that that value would be taken also as the sum on which he would pay rates and death duties when that occasion arose. The par- ticulars of a contested case of assessment under this clause decided in favor of the Government are given in the Solicitora' Journal, vol. Lviii, p. 749. * The royalty contracted for in mining leases is often made depend- ent upon the product mined. Thus " a usual form of mining lease reserves a dead rent to cover a certain amount of minerals brought to the surface, 282 THE, TAXATION OF LAND VALUE for mineral-rights duty at the rate of five per cent of the rental; in this case an annual tax of lO as long as the mine continued to be worked. (3) Assume that B who purchased the mine in 1910 for 500 leases it to C, to be worked at an annual rental of 60. B will now be hable for an annual value-increment duty of twenty per cent of the annual value increment. To ascertain this value, the law has created a hypothetical original annual value to be computed at "two-twenty-fifths part of the capital value on the last preceding occasion on which value- increment duty has been collected otherwise than as an annual duty." ^ In other words, the value increment in the illustration above is the difference between the rental 60 and two twenty-fifths of 500, or 40; at the rate of twenty per cent the annual increment tax will be 4. In this case also the duty will continue to be levied while the mine is being operated. When the mine ceases to be worked the proprietor will again have the option of placing a value upon it or not. If later the mine is sold or passes on death, while it is yet unworked, value-increment duty will be paid in a lump sum; if it is leased or recommences to be worked by the proprietor, annual value-increment duty will be payable.^ It is important to note that in accordance with the Act the reversion and value-increment duties are suspended with a royalty on the excess, a power to make up shortages and a cesser of rent on payment either by rent or royalty of a certain sum being the estimated value of the minerals or the mine. In the case of such a lease it is possible, that increment-value duty may in some cases greatly ex- ceed the dead rent, in others be nothing at all. The proprietor will often pay far more by way of increment-value duty under the provisions of this section than he would if he paid on a capital sum. But he obtains some security against paying on an unrealized increment." Napier, The New Land Taxes, pp. 112-13. * Bill 144 (1910), 22. This arbitrary, hypothetical annual value is on the basis of twelve and a half years piu-chase, which even for mineral lands is a reasonable, i.e., short period for capitalization. Pari. Debater (1909), vol. XI, p. 1271. Napier, op. cit., pp. ixaff. THE ENGLISH LANI>-VALUE DUTIES 33 with regard to mineral land only when their levy would involve the double taxation of such land. Thus reversion duty is payable in case of a non-mining lease of land even if it contains minerals, or of a lease of land containing any of the exempted minerals, such as common clay, brick clay, limestone, gravel, etc. Thus also mineral land, as we have seen, is liable to the indirect levy of value-increment duty, except while the mine is being worked. Moreover, the payment of the annual value-increment duty relieves the proprietor or lessor from the payment of mineral-rights duty only to the amount of value-increment duty paid by him in that year. Other provisions to be noted are as fol- lows: (1) A reduction of duty is allowed when the rental represents in part a return for money expended within fifteen years by a lessor in boring or otherwise proving the minerals.^ (2) When a mine subject to duty ceases to be worked for two years, it is regarded as an unworked mine upon which a capital value must be placed.^ (3) Not only is a leased mine subject to duty, but Ukewise any way- leave. 12. From the foregoing analysis of the duties, it will be clear that the administration of the new taxes is not simple. Besides the assessment and collection, the Com- missioners were confronted with the colossal task of valuing all the land in the United Kingdom including Ireland, approximately eleven million hereditaments.' The admin- istration including the valuation was put in the hands of the Commissioners of Inland Revenue. But so enormous 1 Bill 144 (1910), 22 (4). * Ibid., 23. As we have already pointed out, unless the proprietor fur- nishes the commissioners an estimate of the capital value of the minerals, specifying the kind of minerals the land contains, the mine is assumed to have no value. The consequence of this provision will readily be per- ceived. It places the owner in a predicament; for while it is in his interest for purposes of value-increment duty to place as high a value as possible on his mineral land, for purposes of estate duty or local rating, it is in his interest to estimate the value as low as possible. * Report of the Commissioner of Inland Revenue (Cd. 5833), 1911, p. 149. 84 THE TAXATION OF LAND VALUE was the task of establishing the machinery of the system that a new department had to be founded, namely, the Valuation Department, and the services of the Assessors of Income Tax, who are appointed for each Income Tax Parish by the District Commissioners of Taxes and who, therefore, have local knowledge of the rating assessment books, had to be employed. The help of these assessors, called Land Valuation Officers, was dispensed with, how- ever, as soon as their reports had been turned in to the District Valuers.^ For the purposes of the valuation the United Kingdom is divided into fourteen Divisions, each of which is under the control of a Superintending Valuer. Each Division in turn is subdivided into Districts, under the charge of a District Valuer, a number of Assistant Valuers and a staff of cleri- cal and technical assistants. A number of expert Mineral Valuers are also employed.^ All the valuers are responsible to the Chief Valuer, the head of the Valuation Depart- ment. The administrative duties are performed by a staff consisting of an Assistant Secretary, four Committee Clerks and assistants. In Ireland, the valuation of the land is under the charge of the Government Valuation Department which was already in existence at the time of the passing of the Act. The work of valuation is much facilitated in Ireland because the detailed particu- lars regarding estates are already known to the Depart- ment. Considering the important results, statistical and fiscal, which the leaders of the government hoped to accomplish through the valuation, the procedure should be further de- scribed. When the valuation shall be completed, the record * Report of the Commissioner of Inland Revenue (Cd. 583S), 1911, pp. 158-59. * In 1911 there were employed one Chief Valuer at a salary of 1200; 15 Superintending Valuers at salaries of 800 each; 49 Valuers of the First Class, and 107 of the Second Class at salaries of 550 and 350, respectively, and 1376 assistants, etc. Ibid., p. 157. THE ENGLISH LAND-VALUE DUTIES 235 of the value, character, and boundaries of every parcel of land will constitute another "Domesday Book," the fa- mous undertaking of land valuation in William the Con- queror's time.^ Each hereditament has to be classified and numbered by the Land Valuation Officers, and forms of re- turn prepared and issued to owners in accordance with the provision of the Act. These forms have been subjected to much criticism, 2 because of the detailed particulars which the owner is called upon to give. Especially is this true of Form 4 issued for purposes of the value-increment duty.' From statutory companies, such as railway, dock, or other quasi-public companies, only the cost of the land to the company is required. Having gathered the returns from the owners,* a provi- sional valuation is made and served upon the owner or any other interested party who has applied for a copy of the valuation. The unit of valuation is the hereditament, or unit of occupation as on April 30, 1909; but at the request of the owner a smaller unit may be taken if such heredita- ment is under separate occupation. This provision has, however, been amended allowing, under certain conditions, parcels of land if owned by one person to be valued together, provided the aggregate area does not exceed one hundred acres.* Unless the owner gives notice of objection to the ^ The Commissioner mentions one case of an estate which has remained in the hands of one family from the time of William the Conqueror's Domesday Book to this day. The estate covering about 2,296 acres is now valued at about 26,748, the annual value being over 1428. Report of the Commissioner of Inland Revenue (Cd. 5833), 1911, pp. 149, 168. Cf. Pari. Debates (1913), vol. l, pp. 1527-39, 160/. ' Besides particulars concerning ownership, tenure, and area, the owners are required to state the annual value, the annual value of the fixed charges, of the public right of way, of right of common, of the public rights of user, of easements and covenants, etc. Additional particulars as to gross value, site value, total value, assessable site value and particu- lars as to how the values were arrived at may be returned, if desired. * Dxu-ing 1910-11, about 10,700,000 forms were sent out, the number of returns was 9,600,000. RejtoH, etc. (Cd. 5833), p. 160. Revenue Act (1911), 4. S6 THE TAXATION OF LAND VALUE provisional valuation within sixty days, the valuation be- comes permanently adopted as the original site value. This value can then be changed for a different apportion- ment only in case the unit of valuation is changed. The valuation will serve as the basis of the levy of value- increment duty and of undeveloped land duty. In case of the former, a subsequent valuation of the land will be made whenever an occasion for duty arises. For this subsequent valuation, the selling price in case of a sale is taken as the "total value, " and by a process of deductions the site value is obtained. Both for the original site value and for the subsequent valuations, the "total" and "site" values are to be recorded. The process of attaining these is shown by the form on the opposite page.^ The value-increment duty is a stamp duty. Thus, the document of transfer must be sent to the Revenue Office and the stamp affixed to the deed.^ For imdeveloped land duty the original site value is the assessable value. As the Act provides for quinquennial valuation only, the value for purposes of undeveloped land duty remains unchanged for five years. The quinquennial valuations will serve also as the basis for levying value- increment duty in case of corporations on April 5, 1914, and every fifteenth year thereafter.' A special form of return is issued for purposes of paying reversion duty.* All persons to whom a benefit accrues on ^ Form of Notice of Appeal (A) Schedule to the Land Values (Refer- ence) Rules, 1910, made by the Reference Committee for England under 33 of Finance Act (1909-10). The complexity of procedure will be noticed. * There are two other kinds of stamps, one "indicating that all par- ticulars necessary to enable a correct assessment to be made have been furnished"; the other, the "no duty payable" stamp, where no claim for duty can arise. Report, etc. (Cd. 5833), p. 163. ' Important amendments in 1913 (Revenue Bill 175, 13) provide for the first revaluation of the land in 1916, instead of in 1914, and make April 5, 1919, the first periodical occasion for levying duty on corpora- tions. * Cf. Report, etc. (Cd. 5833), Appendix II (F), p. 181. THE ENGLISH LAND-VALUE DUTIES 237 County Provisional Valuation Parish No. of hereditament 1. Gross Value Deductions from Gross Value (a) To arrive at Full Site Value (6) To arrive at Total Value 2 Difference between Gross Value and Value of the Fee Simple of the Land 3. Fee Farm Rent, Rent" Seek, Quit Rent, Chief Rent, or Rent of As- divested of Buildings, size. 4^ Trees, etc. 4. Other Perpetual Rent or Annuity. 5. Tithe or Tithe Rent Charge. 6. Burden or charge aris- ing by operation of Law or imposed by Act of Parliament. .1 s 7. If Copyhold, Cost of En- franchisement. 8. Public Right of Way or User. 9. Rights of Common. 10. Easements. 11. Restrictions under cove- nant or Agreement. Total Deductions Total Deductions Full Site Value Total Value Deductions from Total Value to Arrive at Assessable Site Value. 12. Deductions from Gross Value i arrive at Full Site Value (as above) 13. Works executed. 14. Capital Expenditure. 15. Appropriation of Land for stret ;ts, roads, open spaces, etc. 16. Redemption of Ijand Tax or FL sed Charge. 17. Enfranchisement of Copyholds. 18. Release of Restrictive Covenants. 19. Goodwill or personal elements. 20. Cost of clearing site. Total Deductions. Assessable Si te Value. 2S8 THE TAXATION OF LAND VALUE the expiration of a lease are required to return this form filled in to the District Valuer, who makes and reports the valuation to the Revenue Office. For reversion duty, there- fore, as for mineral-rights duty, the provisional valuation is not necessary. Mineral land, indeed, is treated as a sepa- rate parcel of land. ^ Minerals are to be valued showing the total or market value, and the capital value, that is, the market value less the value attributable to any works exe- cuted or expenditures incurred. As mineral-rights duty is for the most part charged on the actual rent paid there is little difficulty in its collection, since the existing machin- ery for the assessment and collection of the Income Tax can be employed; and the data needed for mineral-rights duty were made accessible in that way. The progress made by the Commissioners and the difficulties encountered will be considered in the following section. 13. The progress made in the valuation can be judged from the fact that out of the eleven million hereditaments in the three Kingdoms, about four and one-half millions in the United Kingdom alone had, up to May, 1913, been valued. The following year the total number of heredita- ments valued had reached the figure, eight millions.^ The valuation of Ireland has proceeded less rapidly. Up to September, 1912, about twenty-five thousand heredita- ments had been reported as valued.' The number of "occasion" valuations in Great Britain for collection of value-increment duty was up to the same date 539,970, The cost of valuation and collection to March, 1913, was 1,390,000,^ and it was estimated that each valuation for Bill 144 (1910), 23. * Statement by Lloyd George in House of Commons. Pari. Debates (1913), vol. m, p. 886; ibid. (1914), vol. lxiv, p. 286. Ibid. (1913), vol. L, p. 836. , * Ibid., vol. LU, p. 811. The cost has been as follows : 1910-11, 332,559. 1911-12, 355,290. 1912-13, 506.653. (Estimated cost) 1913-14, 630,086. Ibid., vol. LI, pp. 376-77; vol. ui, p. 1682. THE ENGLISH LAND-VALUE DUTIES 239 value-increment duty costs the Government a guinea.* By March, 1914, the expense of the department had in- creased to 2,178,397; and by 1915 to very nearly 3,000,- 000.2 -pijg number of officials employed in the Valuation Department had increased as shown below:' 1910-11, 1550 persons. 1911-12, 2830 1912-13, 4150 1913-14, 4650 Over four thousand of the employees in 1914 were temporary appointees. When we are told, however, that only three and one-half millions of the four and one-half million provisional valu- ations in 1913 had been settled or recorded as permanent, we realize the serious problems which confront the valuers and which have given rise to many appeals. First, as regards the machinery provided for appeals, except in the few instances where the Conunissioners' decision is final.^ In the first instance an appeal may be made to a referee. The Act provides ^ for the appointment of a Reference Committee for each Kingdom to be composed for England of the Lord Chief Justice of England, the Master of the Rolls and the President of the Surveyors' Institution. The Reference Committee in turn appoints the referees out of a panel composed of persons admitted as Fellows of 1 Pari. Debates (1913), vol. LI, p. 376. * Ibid., vol. Lii, p. 811; (1914), vol. LXin, p. 1605; (1915), vol. Lxxii, p. 508. Lloyd George's expectation that the valuation would be practi- cally completed by March 31, 1915, did not materialize. Judging from the rate of progress made in the preceding years, however, the cause may lie in the interruption of the work occasioned by the enlistment for the war of several thousand of the men in the Valuation Department. Ibid. (1915), vol. ijoa, p. 2366; (1914), vol. LViii, p. 782. * The Commissioners* decision is to be considered final in judging of the value of the covenant entered into in determining the " total value " under 25 (3), and in assessing for undeveloped land duty under 17 (3) of the Act. Bill 144 (1910), 33 and 34. 840 THE TAXATION OF LAND VALUE the Surveyors' Institution, or other persons having experi- ence in the valuation of land. The referee appealed to de- termines all matters of valuation in consultation with the Commissioners and the appellant, or any persons nomi- nated by the Commissioners and appellant, respectively, for the purpose. The referee is also authorized to decide who shall be liable for the expenses incurred. The owner or Commissioner may appeal from the decision of the referee to the High Court. Or in cases of disputes involving not more than 500 the appellant may have recourse to the County Court instead of to the High Court. Further appeal may also be had to the Court of Appeal. According to Lloyd George's estimate, only one out of every 833 valuations has been subject to appeal.^ Until February, 1913, 4466 appeals were entered against the provisional valuations, .118 per cent of the total number.^ But only a few of these even came before the referee, the greater number of objections being adjusted between the owner and the Commissioner. Only in the case of 155 hereditaments up to 1913 did the appeal reach the referee.' Of twenty cases before the referee on the question of valu- ation, twelve were decided in favor of the valuers, in five there was a compromise, while three were decided against the Commissioners.* Until March, 1913, 1272 appeals were taken against the undeveloped land duty, and 123 against the value-increment duty.^ But it is the character of the appeals, more than the number, that in the eyes of many condemns the present system of levy of the land-value duties. This becomes evi- dent from the fact that the collection of both the undevel- oped land duty and the value-increment duty is tempora- rily altogether in abeyance as a result of certain judicial decisions, There have occurred a few important cases, Pari. Debates (1913), vol. Ul, p. 886. * Ibid., vol. L, p. 1591. Ibid., vol. LU, p. 886. * Ibid., vol. L, p. 1591. 8 Ibid., vol. u, p. 1163. Ibid, (1915), vol. lxxi, p. 2366. THE ENGLISH LAND-VALUE DUTIES 241 which, when the decision of the referee was unfavorable to the Commissioners, were appealed by the latter to the High Court, as test cases. One of these cases, Herbert's Trustees versus the Commissioners of Inland Revenue, has given rise to a great deal of criticism due to the ambiguity of the definitions of value under the value-increment duty clauses. The estate in question is located in Glasgow and its assessable site value was fixed at minus 545. This value was obtained by computing the assessable site value, in accordance with the Act, from the total value after cer- tain deductions had been made. As in this case, it may happen that the value of the deductions to be made from the total value exceeds the total value, ^ thus resulting in a mimis quantity for the assessable site value. The Scot- tish Lands Valuation Appeal court decided that a minus value could not exist, that value could not mean minus value; ^ but upon appeal to the High Court this decision was reversed.' Although a minus assessable value is logi- cally admissible, for an increment in value may represent a decrease in burden as well as a positive increase in advan- tage, nevertheless such a value is merely hypothetical and theoretical and indicates the complexities of the Act. Moreover, a further diflficulty presented itself when the minu^ value was legalized. The Court had to decide that in accordance with the provision of exempting ten per cent of the original site value, the ten per cent deduction was to be of the full site value, not of the assessable site ' In the case mentioned the deductions amounted to 4320, the total value to 3775, leaving 545 for the assessable site value. " Assessable site value is something more than the value of the cleared land; as the value of a building and site on which the building stands is always some- thing more than (different than) the arithmetical sum of the two values of the building and site." (Cox-Sinclair and T. Hynes in Law Magazine and Review, vol. xxxviii, p. 336.) In other words, the difficulty of deter- mining the value of the separate units in a compound for which both units are indispensable is here shown. ' Cf. Solicitors' Journal, vol. Lvi, p. 469. Pari. Debates (1913), vol. uv, pp. 2266-67. 242 THE TAXATION OF LAND VALUE value, ^ for to take ten per cent of a minus quantity as a deduction from duty would be absurd. Another case which aroused the ire of the Opposition and which led to the amendment of the Finance Act was the Lumsden case. In 1911, Mr. Lumsden, a speculative builder, sold a piece of property for 750. The property had not then been valued under the Finance Act to ascer- tain the original site value. When the oflBcial valuation was made, some months after the sale, the original site value was fixed at 625 or 125 less than the property had sold for. Mr. Lumsden was said to have agreed that the value of the property as by a willing seller to a willing buyer was 625 as fixed by the valuer. He had neverthe- less succeeded in selUng it for 750 because the buyer be- lieved he had a monopoly location for the shop which was upon the site.^ The decision of the referee, upheld by the Court, was that the property was liable for value-increment duty on the 125. Although it seemed evident even to the government that the value of the site had not increased, the latter contended that the increment was a "fortuitous windfall" and therefore, taxable. On the other side, it was argued that the profit made by Mr. Lumsden was due to the existence of the shop and to his personal abiUty; hence was not taxable. It is worth noting that in spite of the fa- vorable decision of the Court, the government introduced an amendment ' in 1913 which will prevent the recurrence of taxing "fortuitous windfalls" in case of improved property of which the building is worth more than the site.^ Pari. Debates (1913), vol. LVi, p. 319. In 1913 (see Revenue Bill 175, 6) the amendment stipulated that where the site value on which the reduction would be calculated is less than 100, the reduction may be calculated as ten per cent of the value increment. Ibid., vol. L, pp. 184, 187. ' The Revenue Bill (1913), 2. This clause gives the owner of im- proved property, when the value of the buildings exceeds that of the site, the option of having the property valued on the basis of the hypothetical value as under the Act or on the basis of the actual selling price. * The Land Union, an organization opposed to land-value taxation, THE ENGLISH LAND-VALUE DUTIES 243 In the valuation of agricultural land also some difficul- ties have arisen. It is charged that the valuers include fences, roads, drains, and manuring in the site value of agricultural land. Some cases contesting this practice have arisen. Another question which was, in 1913, sub judice, was whether or not tenants' rights should be deducted from the agricultural value of the land. Between two and three million acres of agricultural land are liable to unde- veloped land duty.^ In view of the serious defects in the law and of the numerous loopholes for evasion of taxation,^ the wide- spread dissatisfaction with the land-value duties, even on the part of those who helped pass the measure,' is explain- able. The valuation has been practically condenmed by the Departmental Committee on Taxation * and in the report of the Land Conference, the latter finding such a lack of uniformity in valuation that "it could not be fairly used either for the purposes of a national tax or even for the assessment of duties imposed by the 'People's Budget* itself." ^ Nevertheless, granting that the expense of valua- tion has already been enormous and out of all proportion and that has tried to get adverse decisions on the commissioners' valuar tions, threatened to appeal the Lmnsden case to the High Court. The case did reach the House of Lords where the vote of the four judges was evenly divided. A member of the Opposition said in the House of Conunons that the Government would have preferred an adverse decision in this case, because the claim of Mr. Lumsden was generally conceded, and no amendment to the law would then have been necessary. Cf. Pari. Debates (1914), vol. Lxv. pp. 631, 672. Ibid. (1913), vol. L, p. 177; vol. m. p. 1146; (1914), vol. Lvra, p. 821. * Cf. Law Quarterly Review (1914), vol. xxx, p. 180; Law Magazine and Review, vol. xxxix, pp. 326 Jf. ' Cf. Pari. Debates (1913), vol. L, p. 176. * Ibid. (1914), vol. Lxn, pp. 477-78. ' Both bodies mentioned above are said to have been composed of a partisan and prejudiced majority. At the Land Conference the Survey- ors' Institute, the Auctioneers* Institute, the Land Agents' Society, the Chamber of Agriculture, the Farmers' Union, etc., were represented. Ibid., vol. Lviii, p. 812. 244 THE TAXATION OF LAND VALUE to the yield of the taxes thus far collected, granting that the herculean task of valuation will yet cost millions of pounds before completion/ granting also that hardships have been entailed in some cases in levying the taxes, and that difficulties have arisen sufficient to question the possibility of accurate valuation, the conclusion, neverthe- less, cannot be escaped that when completed the data'' will not only be invaluable for statistical purposes, but will have far-reaching effects fiscally and socially. 14. If the valuation of the land has been subjected to ridicule, the land-value duties have fared no better. From a fiscal standpoint the powerful opposition which the land taxes encountered seems scarcely warranted. More- over, the fact that after half a dozen years the opposition has not abated and that the law stands unrepealed con- firms the conclusion expressed earlier that a social princi- ple, not fiscal expediency, was involved in its enactment. The receipts from the land duties have been disappointing beyond measure. Already for the year 1910-11 the yield (the mineral-rights duty excepted) fell short of the official es- timate.' And instead of increasing in amount as had been predicted, the revenue from three of the duties, as appears from the subjoined data, continues to be inconsiderable. ^ It will be remembered that in accordance with the provisions of the amended Act a revaluation of the land in 1916 is due. * The new Domesday Book will be a card catalogue of all the land in the three Kingdoms. One card is given to each unit or hereditament; it contains the particulars of the original and subsequent valuations, and bears the identification number of each parish. The cards of each parish are filed in separate cabinets and arranged in numerical order. Report of the Commissioners of Inland Revenue (1911), p. 166. Estimated receipts Actual net proceeds Value-Increment Duty 50,000 127 Reversion Duty 100,000 258 Undeveloped Land Duty 100,000 2,351 Mineral-Rights Duty 350,000 506,289 600,000 509,025 This is according to the revised estimate of the Chancellor. Cf. Pari. Debates (1909), vol. iv, p. 542; vol. xu, p. 702. THE ENGLISH LAND-VALUE DUTIES 245 RECEIPTS FROM LAND-VALUE DUTIES. 1910-19IS 1910-1911 1911-191S 191S-191S 1913-191 i 19H-1916 Total up to March SI, 1915 Value-incre- ment duty Reversion duty Undeveloped land duty Mineral- rights duty 127 258 2,351 506.289 6,127 22.620 28,947 436,194 17,000 48,000 98,000 298,000 31,000 80,000 275,000 349,000 48,316 19,313 8,657 106,000 170,000 413,000 Total... 509,025 493,888 461,000 735,000 725.000 How unproductive a source of revenue the duties have been is further apparent from a comparison of their total yield with the cost of their collection and valuation, the cost exceeding the receipts up to 1915. Of the four duties the mineral-rights duty has proved the most productive and promises to yield a stable annual amount. It is worth noting that the Opposition even seems reconciled to this duty, regarding it as part of the income tax.'^ The produc- tiveness of the duty on mineral rights is attributable to its characteristics: (1) No valuation of the land is necessary for its assessment; (2) the machinery of assessment already existed at the time of the enactment; (3) it is a direct levy, not dependent upon the number of transfers of property. In contrast, the proceeds from the undeveloped land duty, as a direct, annual tax, are exceedingly trifling. This is explicable on various grounds: first, inasmuch as the duty is collected only on the unimproved land that has been valued, the true yield of the undeveloped land duty will not be known until the valuation has been completed;' * Data taken from Pari. Debates (1915), vol. lxxi, p. 2366; vol. lxxii, p. 1478; HazeWs Annual Register (1912), p. 121; Statesman's Yearbook (1915), p. 48. Pari. Debates (1915), vol. isxxn, p. 1705. ' The collection of the arrears of this duty will undoubtedly create hardships on many who will be compelled to pay three or four years' duty. 246 THE TAXATION OF LAND VALUE and, secondly, the operation of the tax has been tempora- rily suspended by reason of the court decisions. The fluc- tuation and increase in amount are due to the inclusion of arrears from previous years. The paltry sums yielded by the indirect taxes, namely, the value-increment and rever- sion duty, are accounted for by the fact that the levy of the former is dependent upon the number of transfers of prop- erty, of the latter upon the determination of long-term leases. The transfer of certain kinds of property was said to have been interfered with during the stormy sessions of Parliament and even after the enactment of the Finance Bill.^ Moreover, the taxable value increment accruing during the first troublous year and even in the few suc- ceeding years could be but sUght. Indeed, it is very likely that the market value of some land has been unfavorably affected by the duties. On the other hand, the few cases reported as liable for reversion duty during the first year are attributable, according to the Commissioners of Inland Revenue, 2 to the liberal exemptions and to the ignorance and misunderstanding of the liabilities under the Act. In the last years the amount of reversion duty has been insignificant because of the legal controversies still sub judice. The above considerations show that temporary causes chiefly have tended to make the yield of the new duties inconsiderable. Whether the anticipations of the Chan- cellor of the Exchequer who saw in these new taxes a source of an expanding revenue for the needs of the State ' were well founded, it is too early to predict.* But while final * Cf. Solicitors' Journal, vol. LVii, p. 780. That this was not true of the large estates will be shown infra, 15. It is necessary to point out that the ordinary transfer tax on property was doubled by the Finance Act (1909-10), 73. * Report for 1911, p. 164. Pari. Debates (1909), vol. iv, pp. 537, 539; vol. ix, p. 318. * " That the possibilities of the tax are still highly regarded is, never- theless, evidenced by the protests made by the local authorities against the provision of the Revenue Bill now before Parliament by which half THE ENGLISH LANI>-VALUE DUTIES 247 judgment concerning the fiscal expediency of the land- value duties for imperial purposes must be withheld, the possibilities of fiscal reform which the enactment of the du- ties has opened up must also be taken into account. The utility of the valuation itself is no longer questioned. The chief reasons are: ^ (1) the compulsory acquisition of land by local authorities will henceforth be based on the assessed value of the land instead of on the speculative value fixed by the owner; (2) it will prevent the undervaluation of land for death duty purposes; ^ (3) the valuation will greatly faciUtate the adoption of local rating on land value, for which bills continue to be introduced in the House of Commons.' 15. After all, however, considering the primary pur- pose of the land- value duties, the question of fiscal expe- diency must give way to the question of the social and economic effects. As we reflect upon the extravagant claims of the adherents and the vehemence of the opposi- tion when the possible effects of the land duties were de- bated in Parliament, we may wonder at the apparently unchanged conditions, social and economic, since these duties have come into operation. To quote for illustra- the proceeds of the taxes is to be swept into the exchequer in lieu of the value of the outdoor relief saved to the authorities by the recent extension of the operation of the Old Age Pension Act to paupers." (Financial Review of Reviews, April, 1911, p. 27.) In explanation of this passage it is necessary to note the provision of section 91 of the Finance Act, 1909-10, for an equal division of the revenue accruing from the land duties between the imperial and local governments. The Revenue Bill of 1911, however, repealed the provision, so that the total revenue is now devoted to imperial purposes. * Cf. Financial Review of Reviews, April, 1913, p. 35. * See Speech by Lloyd George at City Liberal Club (February, 1912), p. 12. ' Even in 1912 three "local rating on land value" bills were introduced in the House of Commons. Bill 64 (Scotland) passed a second reading; Bill 25 was withdrawn, while Bill 173 was dropped after a second reading. Very significant is the provision for a new valuation for rating purposes which Lloyd George included in his Budget Proposals of 1914. Cf. Pari. Debates (1914), vol. lxii, p. 478, 248 THE TAXATION OF LAND VALUE tion Mr. Winston Churchill's hopeful expectations: "The effect will be, as we believe, to bring land into the market and thus somewhat cheapen the price at which land is obtainable for every object, public and private, and by so doing, we shall liberate new springs of enterprise and in- dustry, we shall stimulate building, relieve overcrowding, and promote employment." ^ The failure of these claims to materialize is not difficult to explain. First, the taxes are not yet in full operation. Secondly, the tax rates are too slight to be burdensome; that is, a tax of one fifth of one per cent on undeveloped land will scarcely check specula- tion and lead to the utilization of more land. Thirdly, other social forces tend to counteract the influences which the duties may exert, for example, the increasing population in urban communities. Thus, it may be argued, the salu- tary effects of the duties have not yet been felt. On the other hand, facts have been presented to show that the new taxes have had a deleterious influence on the building trade. That there was a depression in building operations in England in the years following the enact- ment of the duties is seen from the following data: in 1910-11, only ten per cent of the number of small houses of 20 annual value and below were erected, that had been erected in each year from 1904 to 1906. '^ A member of the Opposition quoted the following figures to show the injuri- ous effect of the taxes on building operations: ' In 1901, ^ The Budget, the Land, and the People, issued by the Budget League (1909), p. 46. * The figures quoted by Mr. Peto in the House of Commons were: in 1904-06 (on an average) 107,021 small buildings had been built, in 1910-11 the total number was 10,651. Pari. Debates (1913), vol. l, p. 208. Cf. also ibid. (1914), vol. LViir, p. 854. The same member, Mr. Royds, caused an inquiry to be made on his own account, and in reply to his question, " Have the Budget Land Taxes affected the building trade in your district? " received answers as follows: (1) "The provisional valuation scheme has destroyed credit and fright- ened mortgagees. ... In the whole of this city I do not think there are a dozen cottages under construction." (2) "... the values of the official valuer have had a depressing and unnerving influence on the builder and THE ENGLISH LANI>-VALUE DUTIES 249 in the forty towns investigated there were 65,000 uninhab- ited houses, in 1911 the number had decHned to 47,740, and in 1913 to 24,000. In reply it was pointed out that the high cost of building materials and of labor and the in- crease in the rate of interest and in local rates were respon- sible for the shortage of small houses; while in general the conditions in the building trade had improved since the imposition of the land-value duties. The last statement was substantiated by the decrease in unemployment in the trade since 1909, which was a year of depression, and by the advance in wages in the building trades over and above that in general wages. ^ Whether, as some claim, the law has withdrawn capital from the building trade, ^ discour- aged building operations and raised rents,' or whether the depression was the result of the uncertainties attending the valuation and the interpretation of the law has not been proved.^ Another effect which from the standpoint of the government is favorable is that large estates are being broken up, and that there is in consequence an increasing number of small owners of land. This is gener- ally admitted even by the Opposition,^ but the result of on the owners of property. Values of twenty per cent less than cost are usual from the value here. . . . This has had a distressing effect upon the investing public, who for some years have shunned property and have not yet recovered. Its effect is entirely to upset all confidence in the property market." Pari. Debates (1914), vol. lviii, pp. 806-07. 1 Ibid. (1914), vol. Lviii, pp. 824, 845-46. The percentages of un- employment were given as follows: 1906, 7.2; 1907, 7.3; 1908, 11.5; 1909, 11.7; 1910, 8.6; 1911, 6; 1912, 4.2; 1913, 3.8. These percentages, quoted by Lloyd George, were declared misleading, because the member- ship of the building trade unions had decreased since 1909. * Ibid. (1913), vol. L, p. 1558. Ibid., p. 171. * Cf. ibid., vol. ui, p. 905. The testimony of the members of Parlia- ment regarding the depression in the building trade, was, however, not unanimous. Thus it was claimed by one member that building opera- tions in towns were more active and that unemployment in that industry was less than for many preceding years. Ibid., vol. l, pp. 1551 ff. * See Speech by the Earl of Portsmouth in the House of Lords. Pari. Debates (Lords, 1913), vol. xiv, p. 1067. 250 THE TAXATION OF LAND VALUE the abnormal sale of estates is said by them to have been that it has put the tenant farmer in an unfortunate posi- tion.^ It should be mentioned also that the value of land has tended to increase in spite of this tendency toward disintegration.* * Pari. Debates (Commons, 1913), vol. LVm, p. 812. Ibid., pp. 825-186. CHAPTER VI BIUNICIPAL TAXATION IN WESTERN CANADA 1. Real estate is the prevailing and chief source of local revenue in Canada. The cause for the separation of the central, provincial, and local sources of public revenue in Canada is political rather than economic. But, since the Dominion government relies for its revenue chiefly upon customs and excise taxes, and the provincial govern- ments upon corporation and succession duties, and rail- way, income, and similar taxes, little else ^ remains for the local authorities to tax besides property, real and personal. And though the personalty tax, now generally discredited in Canada,^ is being superseded by the business or other taxes,' real property constitutes the main source of muni- cipal income. So long as landed property continues to be the main source of wealth in the community, and so long as the principle of benefit, the principle of taxation which Canadian writers accept as self-evident,* continues to give satisfaction to the ratepayers, real estate will bear the heaviest burden of taxation. * Licenses, franchises, poll, income, and business taxes are other taxes levied in the Canadian localities, but these are unimportant, subsidiary sources of revenue. * The various provincial tax commissions were invariably in favor of its abolition. C/. Report of the Ontario Assessment Commission (1902). Also Sessional Papers, Ontario (1893), No. 73, and the Report of the Royal Commission on Taxation in British Columbia (1911). ' The business tax, which has taken the place of the personal property tax in Ontario, is reported as working well. Cf. The Municipal World, November, 1909, pp. 272-73. * For example, the alderman of Westmount, Quebec, who succeeded in introducing some reforms in the system of taxation in his city defines taxation as " a payment by the individual to the organized community for services rendered to him by it." Canadian Municipal Journal, June. 1914, p. 230. 262 THE TAXATION OF LAND VALUE That the Canadian fiscal system should have developed along lines similar to the English system is readily com- prehensible. Considering the differences in the economic and social conditions of the two countries, however, it is noteworthy that the assessment on annual or rental value, as in England, was prevalent in Canada until the fifties. This method of assessment, which distributes unequally the burden of taxation by exempting unused property from taxation, was perpetuated in England by a dominant land- owning class. In new and democratic communities, how- ever, where the principle of equal distribution of the tax burden tends to be jealously observed, and the recipro- cal relation between services of the government and the wealth of the individual is accepted as an article of faith, ^ the transition to assessment on capital value seems inevit- able. In Canada the first departure from the traditional system is seen in the provision of the tax law for Upper Canada in the fifties, that the taxable annual value should in every case constitute the real rack rent, and if the rent be less than six per cent of the actual value of the land, the assessed rental should be calculated at six per cent of the full or capital value.^ Shortly afterward followed the change to assessment on capital value in Ontario (1869).' And now, with one exception,* rating on capital value has become general throughout Canada. 2. More recently the western provinces of Canada have departed still further from the English system by ^ The fact that public utilities and improvements enhance the value of the vacant as well as of the improved land is cited again and again in Canada in discussions on taxation. Therefore, also " special assess- ment " taxes are common in western Canada. * Full value is the amount at which the land would be appraised in payment of a just debt from a solvent debtor. The Consolidated Statutes for Upper Canada, 22 Vic, c. 55, 28; 16 Vic, c 182, 12. 32 Vic, c. 36, 30; see also Revised Statutes of Ontario (1877), c. 180, 23. * The city of Quebec still rates on the annual rental. Cf. Vineberg, Provincial and Local Taxation in Canada, in Columbia University Studies (1912), vol. 111. p. 91. MUNICIPAL TAXATION IN WESTERN CANADA 253 exempting improvements from the real-estate tax. The tendency is even to remit all other taxes for local purposes, so as to make the value of the land the sole source of local revenue. The causes of this tendency to adopt the single tax on land value are fiscal, economic, and social. So great has been the appreciation in the value of the land in the western provinces, that the owner does not feel the burden of the taxes. As will be shown later, ^ the rise in land value has kept pace with the increased budgets without necessi- tating any considerable increase in the tax rate. In the eastern provinces, on the other hand, where the value of the improvements nearly equals or exceeds the value of the land, and where the value of the land is more constant,^ the remission of other taxes and the exemption of improve- ments would necessitate a higher tax rate and the burden on the land would be increased. Attention should be called to the similarity between western Canada and the Australasian colonies both in respect to the underlying economic and social conditions and in respect to the legislation resulting from those con- ditions. Western Canada, comprising British Coliunbia, Manitoba, Alberta, and Saskatchewan (omitting the Yukon and the Northwest Territories),^ reminds one of the vastness and wildness of their sister colonies in the Eastern Hemisphere. Like Australasia, western Canada is the hope of the venturesome pioneer; both are very sparsely populated. Settled by squatters, mainly specu- lators, the western provinces display the same eagerness as Australasia to attract immigrants and to encourage the employment of labor and capital. Moreover, the same ^ See infra, 8. * Cf. Canadian Municipal Journal, December, 1912, p. 490. ' For purposes of comparison Canada must be dismembered, for the newly opened western country is in many respects as different from eastern Canada, as Australia, for example, from its mother country. The Yukon and Northwest Territories are scarcely organized and popu- lated. There are only about 27,000 people in about 1,500,000 square miles of territory (1912). 254 THE TAXATION OF LAND VALUE ideals, such as equality of opportunity, the same resent- ment and intolerance toward special privilege, character- ize both countries. The greatest boon to the inhabitants is, of course, the injQux of immigration, and as prosperous industrial conditions and business opportunities are the chief incentive to settlement, it behooves even the specu- lators to promote improvements and business enterprises. The land problems in the two countries differ only in degree. The following facts throw light on the condition of land tenure in the western provinces. Western Canada, i.e., the three prairie provinces, was acquired by the Dominion by purchase from the Hudson's Bay Company.^ But the federal government disposed of part of these lands by liberal grants to railway companies and by sale to land speculators. The original grant to the Canadian Pacific Railway Company alone was 27,000,000 acres plus 17,000,- 000 acres from the absorbed roads.* At present it owns about 200,000 acres in Manitoba, excluding 70,000 acres owned by the Canadian North-West Land Company, a child of the Canadian Pacific. Li Alberta and Saskatche- wan, 7,000,000 acres belong to the same company; while in British Columbia it owns about 4,000,000 acres more. The Esquimalt and Nanaimo Railway Company owns nearly 1,250,000 acres on Vancouver Island alone. Besides, there are fifteen incorporated land companies owning vast estates in British Columbia.' Considering, however, that the area of the four provinces contains more than 700,000,- 000 acres, the crown lands have by no means all been dis- posed of. Nevertheless, although the Dominion lands are 1 Cf. Rupert's Land Act (1868), 31-32 Vic, c. cv. The Hudson's Bay Company, by the charter from King Charles II, claimed and held pos- session of this whole western territory until after the Confederation of 1867. At about that time the land was ceded to the Dominion for a cash bounty and certain fur-trading privileges, the company retaining one- twentieth of the land as well. Cf. An Official Hand Book of Alberta (1907), p. 6; also the London Economist, March 16, 1912, p. 573. Ibid. Agriculture in British Columbia, Official Bulletin 10 (1912), p. 00. , MUNICIPAL TAXATION IN WESTERN CANADA 255 still extensive, they are not the most desirable lands, for the territory near and along the main railway lines is in the hands of the Canadian Pacific, while the Hudson's Bay Company's lands comprise one-twentieth part of all the fertile belt.^ There is still much free land in Alberta and Saskatche- wan, of whose area scarcely half has yet been surveyed, while in British Columbia the Dominion Government owns 3,500,000 acres in the Peace River country and a large area in the River Belt.'' There is less free arable land in Manitoba, except in the north and northwest.' The Dominion lands are open for entry to homesteaders.* The policy of the Canadan Pacific Railway Company, as of most of the land companies, has been to sell its holdings at An Official Hand Book of Alberta (1907), p. 56. The London Econo- mist, March 16, 1912, p. 573. * The number of acres of Dominion lands surveyed to January 1, 1913, was 154,552,067 acres, of which only 30,000,000 have yet been dis- posed of. The Canada Year Book (1912), p. 432. Cf. also Lawson, Canada and the Empire, pp. 202-03. Bureau of Provincial Information, OflBcial Bulletin 10 (B.C., 1912), p. 95. ' Cf. Canada Hand Book (1915), p. 67. The following data present concisely the conditions of land tenure and of cultivation in the four western provinces in 1901 and 1911 (Canada Year Book (1914), p. 170): Total area {acres) Occupied lands Provineet Area (acres) Improved {acres) Unimproved (acres) British Columbia: 1901 236,922,177 226,186,370 41,169,098 41,169,098 161,872,000 161,872,000 155,764,480 155,764,100 1,497,419 2,540,011 8,843,347 12,228,233 2,735,630 17,751,899 3,833,434 28.642.985 473,683 477,590 3,995,305 6,746,169 474,694 4,351,698 1,122,602 11,871,907 1,023,736 1911 2,062,421 Manitoba: 1901 4,848,042 1911 5,482,064 Alberta: 1901 2,260,936 1911 13,400,201 Saskatchewan: 1901 2,710,823 1911 16,771,078 * The applicant for a homestead of 160 acres pays a fee of $10. The conditions of entry are: (1) six months' residence in every year on the land; (2) the cultivation of at least fifteen acres for three years. 256 THE TAXATION OF LAND VALUE reasonable prices. It is of course in the interest of these companies to promote immigration and settlement. At the outset the Canadian Pacific sold land at $2.50 per acre with a rebate of half the amount for every acre brought under cultivation. At present, the average selling price for good land is $10 per acre without rebate for improve- ment, while the irrigated lands bring prices of $30 to $55 per acre. ^ Within recent years the influx of population has been very rapid and the investment of foreign capital in land, chiefly by English and American capitalists, has increased enormously. ^ The result has been a great appre- ciation in the value of the land, mainly an inflated valua- tion.' Not only has the increased rural population in the west- ^ The following data show the enormous profits reaped by the land companies from their land sales (Lawson, op. cit., pp. 97, 210) : CANADIAN LAND SALES IN THE NORTHWEST 1893-1908 1909-1910 Acres Value Acres Valxte Canadian Pacific Railway 8,453,730 1,614,153 1,171,400 1,240.087 1,153.999 1.022.915 213,206 $35,062,944 9,484,943 6.638,511 4.454,800 4,006,301 2,017,224 990,963 655,585 104,382 285,428 18,323 14,501 106,000 571 $10,473,425 1,297,454 2,783,010 182.926 126,950 Hudson's Bay Company Canadian Northern Company Calgary and Edmonton Corn- Manitoba South Western Q'Appelle, Long Lake, and Saskatchewan Company. . . Great Northern Central 964.600 6 863 Total 14,769,490 $62,655,686 1,184.790 $15,835,228 * "The speculation in city properties has largely been in the hands of foreign investors and a class of semi-professional real estate dealers resident here." London Economist, February 1, 1913, p. 221. ' Farm land in Manitoba is said to have increased ten per cent in price within the last five years, while the average increase in Saskatchewan and Alberta has been fully thirty per cent. Ibid., March 9, 1912, p. 632. Near cities, like Saskatoon and Regina, Sask., unimproved land brings $40 to $50 per acre, whereas elsewhere it brings only $10 per acre. Ibid., March SO, 1012, p. 686. MUNICIPAL TAXATION IN WESTERN CANADA 257 ern provinces caused an appreciation in the value of farm land, but the rapid growth of the incorporated local bodies has given rise to " booms " in town land. It has been esti- mated that of the 1,244,597 immigrants who entered the western provinces from 1900 to 1909, 31.4 per cent were rep- resented in homestead entries. Allowing for the immi- grants who became farm laborers and those who bought land from the land and railway companies, a considerable proportion must have become residents of the towns. ^ A few examples will make this evident. From 1901 to 1911, the urban population of Alberta increased from 20,623 to 141,937 (588 per cent); that of Manitoba from 70,473 to 200,365 (184 per cent); that of British Columbia from 90,179 to 203,684 (126 per cent); and that of Saskatche- wan from 17,550 to 131,365 (648 per cent).^ The follow- ing table shows the increase in the niunber of munici- paHties in Saskatchewan:' 1905 1913 Rural municipalities 2 290 Villages 6S 255 Towns 16 72 Cities S 5 This development, then, has caused a prodigious value increment to accrue from realty transactions. And while speculators are seeking to attract capital to this new coun- try in order to reap further profit from the increment in the value of the land, the taxpayer in the municipality feels himself aggrieved because the property of the absentee, held for speculation in an unimproved condition, rises in value as a result of the community's expenditure for im- provements. In further explanation of the attitude of the ^ " The Immigration Situation in Canada," in Report of the Immigror tion Commission, U.S. Senate Doc. No. 469 (1910), p. 22. Canada Year Book (1912), pp. 14-19. * Canadian Municipal Journal, October, 1913, p. 412; cf. also The Public Service Monthly (Sask.), vol. ii, September, 1913, p. 10; December, 1914, p. 126. 258 THE TAXATION OF LAND VALUE settlers toward this class of landowners, we may note that in many towns the Hudson's Bay Company and the railway companies hold large tracts unimproved.^ To hit these non-residents and to attract capital, such is the end toward which the system of taxing the land irrespective of im- provements is chiefly directed. When we add the fiscal factors, the elasticity and suflBciency of the tax, and the ethical consideration, to distribute the burden equally on those who can best bear it, we have the motives which have called the tax on land value into being. 3. The history of the development of the system of exempting improvements from taxation bears out the con- elusion that its adoption was prompted by fiscal and social considerations. The earliest attempt to discourage landed monopoly through taxation was the levy of the wild-land tax in British Columbia. This tax, first imposed in 1873 for provincial purposes, applied only to undeveloped land in unorganized communities.^ The rate of tax was one per cent of the value per acre on all land except such as was improved as follows: ' (1) Land upon which $1 per acre was expended annually, provided such land did not exceed the value of $20 per acre. (2) Land upon which permanent improvements * to the amount in value of 20 per cent of the assessed value of the land had been made. (3) Land, not worth $5 per acre, upon which five head of cattle per 100 acres were pastured; or land, when ^ Moreover, the lands of the Canadian Pacific Railway Company are exempt from taxation. * British Columbia, 36 Vic, No. 11. Having relegated the levy of property taxes to the local governments, the provincial government reserved the right to tax property only in the unorganized districts. Cf. ibid., 1 (6). * Other exemptions, such as are usual in taxation, need no mention here. * 2 defines permanent improvements as any building, fence, prospect- ing mining work, or reclamation of the land. MUNICIPAL TAXATION IN WESTERN CANADA 259 valued in excess of $5 per acre, upon which fifteen head of sheep per 100 acres were pastured. (4) Land leased for timber cutting, or for agricultural purposes. In 1876 this Land Tax Act was repealed and replaced by a property and income "Assessment Act" which, be- sides a tax of one-third of one per cent on the capital value of real estate, provided for an annual tax of five cents per acre upon all unoccupied land in unorganized districts.^ This provision, though still discriminatory, made the bur- den on unimproved land a nominal one and in many cases represented a reduction in burden, since the tax was now based, not on land value, but on acreage. ^ Since 1900, the rate of the provincial tax on realty has fluctuated from one-half to four-fifths of one per cent; during the same period, the rate on the value of wild land has in- creased from three to five per cent.' During this time the meaning of vnld land has become more clearly defined, and since 1905 * has become differentiated for taxing purposes from timber and coal lands. Wild land is such as has not existing upon it improvements to the value of $2.50 per acre, in addition to the cash value of the land itself, in territory west of the Cascade Range of mountains; and $1.25 in territory east of the Cascade. Temporary struc- tures including machinery and other temporary equip- ment do not constitute improvements. The following British Columbia, 39 Vic, No. 8, 1, 9, 10. "Unoccupied land shall mean land on which there shall not be existing improvements to the amount of $5 per acre on each parcel of land." In 1877 (40 Vic, No. 10), this provision was repealed and $2.50 was substituted instead of $5. ' The owner of valuable unimproved land was now liable to the same slight charge as the owner of the most worthless property, British Columbia. 64 Vic, c 38, 4; 3-4 Edw. VII. c. 53. 5; 5 Edw. VII. c 50, 15. A reduction in case of the realty tax of one-fifth of one per cent, in the case of the wild-land tax of one-half of one per cent, is allowed if the tax is paid before a specified time. * British Columbia. 6 Edw. VII, c. 50. 16. 60 THE TAXATION OF LAND VALUE rates of tax on the different classes of land are in force at present:^ (1) On real estate (improved land), ^ of 1 per cent. (2) On wild land, 4 per cent. (3) On timber land,^ 2 per cent. (4) On coal land, class A (being worked), 1 per cent. (5) On coal land, class B (being unworked), 2 per cent. (6) On unworked Crown-granted mineral claims, 25 cents per acre. This wild-land tax, which has persisted since 1873, and which is clearly intended to discriminate against the holder of unimproved land, was until 1914 levied for provincial purposes ^ in British Columbia only. The proceeds are devoted to local improvements. In 1914 a wild-land tax 1 Revised Statutes of British Columbia, 2 Geo. V, c. 222, 9. The following statement of the annual receipts collected from the wild-land tax by the provincial government shows the increase in yield, due both to the appreciated value of the land and to the increase in rate of tax: 1906: 1873 $950.79 Wild land $73,456.41 1878 9,530.93 Coal land A 1,434.40 1883 6,162.92 Coal land B 20,038.62 1893 13,832.00 Timber land 38,160.93 i9oo::::::::::: Ktsi* Total $133,080.36 1903 71,340.60 1Q07. Ifl0 101,607.89 wild land $91,098.34 Coal land A 2,463.00 Coal land B 21,686.00 Timber land 46,326.97 Total $161,423.31 1011 Total $316,130.83 (Report of Royal Commission on Taxation (British Columhid), 1911, p. B 26; Papers Relative to the Working of Taxation of the Unimproved Value of Land in Canada (Cd, 3740), 1907, pp. 9-10.) * " A royalty is reserved to the Crown on all timber cut from Crown lands, from railway subsidy lands, and from lands held under lease or license from the Crown," etc. Where the timber is manufactured or used in the province a rebate is allowed in case of the timber tax. Year Book of British Columbia (1911), p. 283, * In Alberta there is a provincial tax on land levied at a flat rate per acre, not on the capital value of the land. Likewise, in Saskatchewan, the provincial land tax is now only one cent per acre. Cf. The Public Service Monthly, Legislative Supplement to the February Number (1913), p. 12; Official Hand Book of the Dominion of Canada (1897), p. 69. MUNICIPAL TAXATION IN WESTERN CANADA 261 of one per cent was adopted in Alberta.^ As in British Columbia this charge falls on land outside the boundaries of an incorporated city, town, or village. The latter province, it is significant, outdid her sister province to the west by the institution, in 1913, of a tax on the unearned increment of land.^ This tax applies to land transfers in incorporated as well as in the unincor- porated districts of Alberta, and the proceeds are to be devoted to provincial purposes. The rate of tax is five per cent of the value increment, which is the excess of the selling price at the time of transfer over the assessed value in 1913.^ The tax is not collected at the transfer of land from the Crown nor on the death of the owner; while agri- cultural land, of which at least ten per cent has been under cultivation during twelve months preceding the transfer, is also exempt.* 4. The taxation of real property within the incorpo- rated local bodies was from the first relegated to them by the provincial governments of western Canada. In British Columbia, the councils of the local bodies were already in the nineties authorized to discriminate between land and improvements and to tax the latter at a lower rate. Thus, as early as 1891, the option of rating improvements at a lower value than land was extended to the municipali- ties of British Columbia. According to this provision it was possible to exempt improvements altogether.^ The following year the exemption of at least fifty per cent of the value of improvements was made mandatory.^ The Alberta (1914), c. 8. Ibid. (1913), c. 10. In case of land not within any incorporated municipality, the original site value is deemed to be $15 per acre, imless the owner within a year from the passing of the Act can prove that the land had a higher value. Cf. ibid.. 4. When the area of imsubdivided land, however, exceeds 640 acres, the excess over 640 acres is subject to increment tax, but only to the extent of the excess value beyond the sum of $50 per acre of the unim- proved value of the land. 6 British Columbia, 54 Vic, No. 29, 132; 59 Vic, c. 37, 136. Ibid.. 65 Vic, c 33, 148. 862 THE TAXATION OF LAND VALUE municipalities were also empowered to levy a wild-land tax at a rate not to exceed four per cent of the assessed value of such land situated within the boundaries of the municipalities.^ In 1910, out of fifty-one municipalities, only sixteen levied a wild-land tax. The explanation given for this small number that have adopted the tax is that, when assessed as wild land, the value of the land is less than as building land; ^ therefore, in municipalities where the vacant land has been surveyed, subdivided into small lots and assessed as building land, the tax on real property is more productive than the wild-land tax would be.' Only where the land is not ripe for building purposes does the wild-land tax yield more revenue. This conclusion is con- firmed by the fact that only three of the sixteen municipal- ities which in 1910 levied the wild-land tax had more than 1000 ratepayers. Besides the wild-land tax, eleven of these sixteen municipal bodies also exempted all improvements from taxation, and four more exempted fifty or more per cent of the value of improvements.^ Altogether, in 1914, out of the thirty- three cities in British Columbia, fifteen taxed improvements to fifty per cent of their value; fifteen exempted them entirely; while three taxed them at thirty-three and one-third, thirty, and twenty-five per cent respectively. Out of the twenty-eight district commu- nities, twenty-four exempted improvements altogether.^ In the Northwest Territories, of which Alberta and Saskatchewan were a part until 1905, a similar enactment, * The rate on real property was not to exceed one and one-half per cent, not including special and school rates; the rate on wild land was in 1896 not to exceed two and one-half per cent. B.C. 59 Vic, c. 37. * In a municipality, the land nearer the center, or the business section, has a higher value than in the outlying districts. Until the place is platted and laid out in lots, one acre of land is valued with every other acre as agricultural land. * Papers Relative to the Working of the Land Taxes in Canada (Cd. 3740), 1907, pp. 8-11. * Year Book of British Columbia (1911), pp. 275-76. * Haig, Exemption of Improvements from Taxation in Canada and the United States, p. 262. MUNICIPAL TAXATION IN WESTERN CANADA 263 in 1894, empowered the councils of the municipalities to exempt all improvements from taxation, provided such exemption should not occasion a higher rate of tax than four per cent for all local purposes, including the general, school, special and debenture rates. For the adoption of this provision a majority vote of two-thirds of the mem- bers of the municipal council, or a petition of at least one- half of the resident ratepayers, was required. In case a petition shall have been presented for two years in succes- sion, the new system of rating becomes law permanently; rescission, however, is possible, if the same procedure of voting, or of petition, is followed as for adoption.^ The option of rating on land value continued after the incorpora- tion of Alberta and Saskatchewan: Indeed, under the Village Act of the latter province a Single Tax may even be raised on land value. ^ For the institution of the Single Tax for municipal purposes, it was required that a petition signed by at least two-thirds of all the ratepayers be submitted to the commissioner. The maximum rate was fixed at two per cent in 1906, but was changed to two and one-half per cent in 1908.' Under the city and town Acts,* improve- ments were required to be assessed at sixty per cent of their actual value; the rate on real property on this basis was not to exceed one per cent of the assessed value. The development of the movement to exempt improvements reached its final stage in the Rural Municipalities Act of 1912-13, in the provision that "land shall be assessed at its actual cash value exclusive of any increase in such value caused by the erection of any buildings {hereon^ or by any other expenditure of labor or capital" ^ The present status of the legislation in Saskatchewan with reference to land- value taxation is as follows : In cities, * Ordinances of Northwest Territories No. 3 of 1894, Pt. rv, 9. * Saskatchewan (1906), c. 35, 40. Ibid. (1906), c. 35, 40; (1908), c. 18, 181. * Ibid. (1908), c. 16, 310; c. 17, 302. Ibid. (1912-13), c. 30, 23. (Italics mine.) M THE TAXATION OF LAND VALUE towns and villages improvements shall not be taxed to more than sixty per cent of their value. Since 1911 cities and towns have the option of exempting a greater value of the improvements than forty per cent, provided that the rate of reduction shall not exceed fifteen per cent in any one year.^ This means that any municipality which had availed itself of this provision in 1911 could exempt im- provements to one hundred per cent by 1915. In villages the option of exempting improvements still exists; while in the rural municipalities total exemption is obligatory. On rural land, moreover, a surtax is charged for local pur- poses. The rate is six and one-fourth cents per acre and the land subject to the surtax is as follows : ^ (1) Land not exceeding 320 acres owned by a non-resi- dent and of which less than one-fourth is improved. (2) Land from 320 to 640 acres, less than one-fourth of which is under cultivation. (3) Land from 640 to 1280 acres, less than one-half of which is under cultivation. (4) Land from 1280 to 1920 acres, less than one-half of which is under cultivation. (5) Land of any owner or occupant exceeding 1920 acres. The subjoined data show how the local bodies had responded, by 1914, to the permission to exempt improve- ments: (1) The cities had all taken advantage of the priv- ilege. Moose Jaw in 1914 taxed improvements to forty- five per cent, North Battleford and Weybum to thirty per cent, Regina to twenty-five per cent. Prince Albert and Swift Current to fifteen per cent. (2) Of fifty-five towns, forty-two assessed improvements at sixty per cent, the others at less than sixty per cent, two taxing improvements at twenty-five per cent. (3) About one-fourth of the 246 villages exempted all improvements, the others taxing 1 Saskatchewan (1910-11), c. 18, 15; c. 19, 17. * Ibid. (1912-13), c. 81, 4. The discrimination against absentee holdings is here very apparent. An additional burden on the non-resi- dent owner is the hail insurance tax. Cf. Haig, op. cit., p. 84. MUNICIPAL TAXATION IN WESTERN CANADA 2G5 sixty per cent. (4) Improvements were exempted alto- gether in the rural and local improvement districts in accordance with the law.^ In Alberta, also, from an optional levy in towns and vil- lages, the system of land-value taxation progressed, until in 1912 the exemption of improvements was made com- pulsory throughout the province, except for the cities incorporated under special charters.^ Of the six cities, Ed- monton, Medicine Hat, and Red Deer exempt all improve- ments, Calgary seventy-five per cent, Lethbridge sixty-six and two-thirds per cent, and Wetaskiwin twenty per cent.' The government of Manitoba has not gone so far in her legislation as to exempt improvements from taxation in the municipalities. Nevertheless, the same tendency is at work. For example, the "Municipal Assessment Act" provides for the assessment of all land in rural municipali- ties, improved for farming or gardening purposes, on its unimproved value. Thus buildings and residences on farm land are exempt; while improvements on land used for other purposes are taxable. Where lands are improved for the purpose of a local industry other than farming or stock ranching, the improvements may be assessed at not less than one-half of the actual value, if the council so direct.* Winnipeg under a special charter taxes improvements at sixty-six and two-thirds per cent. The other three cities in Manitoba undervalue improvements although illegally.^ In all four provinces, therefore, the taxation of land value has received attention, and its introduction for local purposes has been furthered by provincial enactment. The system has progressed farthest in the more recently incorporated provinces, Alberta and Saskatchewan, where the exemption of improvements is more or less obligatory. 1 Haig, op. cit., p. 262, Alberta (1906), c. 63, Pt. xxxi; (1911-12), c. 8, 252; c. 2, 267. Haig, op. cit., p. 262. * Manitoba, Revised Statutes (1902), c. 117, 28. Cf. Haig, op. cit., pp. 19-20. 266 THE TAXATION OF LAND VALUE In British Columbia the total exemption of improvements is optional, but the exemption of improvements to fifty per cent of their value is mandatory. The abolition of all other taxes than that on land value is optional, with certain restrictions, in three of the provinces; in Manitoba, how- ever, no provision to that effect has been enacted. 5. In the legislation reviewed in the preceding section, the beginning as well as the development of the movement toward the single tax for local purposes in western Canada is evident. There seems to have been nothing revolution- ary about the measures; that there has been a develop- ment and an extension of the system, however, cannot be doubted. We may, however, ask, what forces were behind the legislation? In view of the current belief that the Single Taxers were responsible for the introduction of the system in Canada, it is significant to read in the Single Tax Review that the man who drew up the plan of taxation in Edmonton, William Short, did not know who Henry George was, nor had ever heard of the Single Tax.^ Again, in tracing the history of the legislation by the Vancouver Council and by the provincial legislature, Mr. Dicey, a Single Taxer, fails to show the influence of the Single Tax philosophy, except to point out that a few members were followers of George.^ George had, indeed, visited Canada between the years 1885-90, and before the nineties the Toronto Single Tax Association had been organized.' Nevertheless, there is nothing to show that the philosophy of the Single Tax, the principle of land nationalization, had taken root in the young, thriving communities of western Canada, where land is the chief commodity, the chief cause of individual aggrandizement.* * Single Tax Review, November-December, 1910, p. 48. Ibid.. May-June, 1911, pp. 56 ff. * The Public, June 2, 1911, p. 611. * The absm-dity of attributing the "Single Tax" as administered in western Canada to the Georgian philosophy of the Single Tax becomes apparent, when we imagine what the effect of municipalization of the MUNICIPAL TAXATION IN WESTERN CANADA 267 The introduction of the tax on land value must be at- tributed rather to fiscal and economic expediency as shown above. ^ This deduction is corroborated also by the feeble- ness of the opposition which the legislation everywhere encountered. If the landowners had been hereditary landed proprietors, or if they had been drawing income regularly from tenants in a densely populated country where land has a value more or less stable, their interests would have been opposed to a tax which puts a heavier burden, or in some cases the whole burden on land. In Canada, however, landowners are primarily speculators whose chief interest lies in attracting labor and capital, that is, new settlers. At the same time they are resident landowners, and they prefer to have their improvements exempted. What wonder, then, that they so generally vote to exempt capital, which they are convinced will accumulate more rapidly if untaxed, and to increase the burden of the non-resident landowner? According to a Single Taxer,^ the legislature of Saskatchewan was unanimously in favor of the bill exempting all improvements from taxation. The Union of Saskatchewan Municipalities in the convention of 1910 passed a resolution favoring the abolition of taxes on improvements.' The assessors of some of the municipali- ties in Alberta, Saskatchewan, and British Columbia unanimously attributed the introduction of the tax to the local fiscal and economic needs, not to any Single Tax propaganda. The following are replies of some assessors as to the causes of the adoption of land-value taxation: * Medicine Hat: "The chief reason for introducing the single tax system . . . was for the encouragement of build- ings, it being considered that the taxation of improvements was practically a fine upon improvements." land, or of a tax on all the value increment of the land, would have on the settlement of the western provinces. 1 Supra, 2, 3. ' F. J. Dixon, The Progress of Land Value Taxation in Canada, p. 8. ' The Canadian Municipal Journal, October, 1911, p. S86. * Replies received by the writer in answer to a questionnaire. 268 THE TAXATION OF LAND VALUE Moose Jaw: "That the burden of taxation might be borne by all parties receiving benefits therefrom." Prince Albert: "The legislature made it optional . . . the Council favored its adoption." Lethbridge: "First, it was a mistake to penalize those who were willing to build and to operate factories, and to penalize merchants who were willing to carry first class stocks; secondly, it is practically impossible to get an equitable assessment on anything but land values." Red Deer: "To encourage building." Edmonton: "Much of the land in centres of population was held by non-residents who made no improvements on it but simply held it for speculative purposes. The people actually living in these centres who were increasing the value of lands by their expenditure of time, energy and money deemed it advisable that the non-resident land- owner whose land was being increased in value by them should pay as much towards the revenue of the Municipal- ity as they did, because these non-residents were reaping large profits on account of increased values which they did very little to bring about." Alderman Clarke, of Edmonton, speaking before the convention of the Union of Canadian Municipalities,^ expressed doubt as to the influence of the Single Tax or other economic theory; and said as to the motive of the tax: "I believe the real reason for the adoption of the land tax in Edmonton was that a mere handful of people who actually lived in Edmonton at the time the charter was adopted and therefore controlled the municipal govern- ment, owned all the improvements in the city; but out- siders, non-residents, owned large portions of land within the city limits, on which there were no improvements. And the motive for exempting improvements was really a very selfish desire to saddle the non-residents with the greater portion of the taxes, and not a recognition of the * Canadian Municipal Journal, October, 1912, p. 388. MUNICIPAL TAXATION IN WESTERN CANADA 269 justice of the land tax in itself. . . . The agitation which led to the abolishment of the floor space ^ and business tax came almost entirely from the retailers." Although there was surely an element of self-interest that prompted the adoption of the tax, it was accompanied by that public-spirited interest in a new community which displays itself in collectivistic legislation. In western Canada, indeed, hand in hand with the taxation of land value goes municipal ownership of public utilities.^ There is an aversion to the granting of franchises to private cor- porations, and it is the boast of Edmonton that "it owns and operates its street cars, telephones, waterworks, power plant, street paving and sewer building depart- ment." ' And like the operation of public utilities, so the exemption of improvements has been introduced as a mat- ter of public policy. 6. If further proof were needed to show that the sys- tem of exempting improvements from taxation was not the outgrowth of the Single Tax propaganda, it would be fur- njroed by the fact that not the slightest agitation exists / /TO make land the sole source of income for Dominion or ^ provincial purposes. On the contrary, the opportunistic character of the system is clear from the fact that land within the mimicipality is considered the proper source of local revenue only; the fact that the community gives land its value is never lost sight of in these communities.* * In many Canadian cities the taxation of business prop>erty valued on the basis of floor space which the business occupied superseded the personal property tax. * Canadian Municipal Journal, October, 1912, p. S90. * From a circular. Calgary likewise owns the street railway system as well as the light and power department, which are a soiux^ of profit to the municipality. "The citizens have grown up with a firm belief in mimicipal ownership, and the results in the form of good service and handsome profits justify their belief." Canadian Municipal Journal, September, 1911, p. 340. * This priuciple is illustrated by the demand by North Vancouver that " taxes on land reverting to the Crown on subdivision be paid by the c/ / 270 THE TAXATION OF LAND VALUE Moreover, the fact that a few municipalities, and they are very few, have aboHshed for local purposes all other taxes besides those on land, is no indication that they were dom- inated by the philosophy of the Single Tax. It is impor- tant to point out, moreover, that even within the so-called 'Single Tax" communities, other taxes for provincial and Dominion purposes are raised; thus, income and personal property taxes, death duties, customs duties, poll taxes, etc., in so far as they are levied by the provincial or central government, fall on the "Single Tax" municipalities as well. Although the exemption of improvements from taxa- tion is prevalent throughout all the western provinces and is almost universal throughout Alberta, only a few munici- palities have as yet found it expedient to abolish the busi- ness, income, or other subsidiary taxes. Licenses continue to be levied even in the cities where the "Single Tax" has been introduced. But since they primarily serve a social rather than a fiscal purpose,^ the use of licenses is not in- consistent with the purpose of the system, namely, to make land value the chief source of local revenue. The villages, cities, and other municipalities where land serves as the sole source of pubUc income (license fees excepted) are the following: In Alberta,^ Edmonton, Medi- cine Hat, Red Deer; in British Columbia, Vancouver, Victoria, Kelowna, Westminster, Prince Rupert; ' in Saskatchewan and Alberta, all the rural municipalities. By the Town Act of 1912, the towns in Alberta were obliged to exempt all improvements and to aboUsh all government to the municipality." Cf. Canadian Municipal Journal, January, 1914, p. 19. * For example, a saloon license or a dog license is issued not for revenue, but for health, morality, or like purposes. * There was an announcement in the Canadian Municipal Journal, February, 1914, p. 71, that Lethbridge has postponed the adoption of the Single Tax. ' Cf. Single Tax Review, November-December, 1910, p. 50. , MUNICIPAL TAXATION IN WESTERN CANADA 271 other forms of taxation than the land tax. The fiscal diffi- culties which this general enactment occasioned in some of the towns induced the legislature to amend the Act the following year. Upon a petition of at least two-thirds of the members of the council, the Minister was authorized to grant permission to the council to impose a business tax. The tax was to be levied according to the rental value of the business premises, was not to exceed twenty per cent of the rental, and was to be raised for a period not exceed- ing three years. ^ In 1914, it is worth noting, this permis- sive amendment was repealed, and the levy of a business tax was made optional with the council. A two-thirds vote, however, is necessary, and the maximum tax shall not exceed ten per cent of the rental value; nor can the busi- ness tax be adopted for a period exceeding four years from December 31, 1914. ^ It would seem, therefore, that the business tax enactment is deemed a temporary, and an emergency measure merely. As only twelve towns out of the forty-six subject to the Town Act had in 1913 peti- tioned for permission to levy a business tax, it is probable that most of the towns derive all the local revenue from the land tax only. It is a matter of some interest that the process of elim- inating other taxes than that on land, and of exempting improvements was a gradual one.' In Vancouver, for example, from 1895 to 1905, improvements were assessed at fifty per cent of their value. From 1906 to 1909, the percentage of value exempted was raised to seventy-five; only since 1910, therefore, has the whole value of improve- ments been exempt. Other taxes were gradually aboUshed in Vancouver. At present, however, except for the subsidy Alberta (1913), c. 8, 13 (1st session). * Ibid. (1914), c. 7, 7. * Exception to this statement must be made in the case of Alberta, where by a " blanket " enactment of the provincial legislature the system was suddenly imposed upon the towns. For the evil eflFects of this meas- ure see the discussion in Haig, op. cit., pp. 129^. y 7 THE TAXATION OF LAND VALUE from the provincial government for hospitals, schools, and similar purposes, the land tax in Vancouver suffices for all local expenditures.^ In Edmonton, also, the elimination of the other taxes, the poll, business, and floor taxes, was gradual, although since its incorporation (1904) ^ Edmon- ton has exempted all improvements from taxation.' Or take Red Deer for illustration. Before 1912 improvements were assessed at fifty per cent and personal property was taxed. In that year the tax on improvements was entirely removed, and now land constitutes the sole source of revenue. While in all the above-named localities all rates and special assessments * are levied on the unimproved value of the land, there are numerous other municipali- ties which tend to become "Single Tax" communities.^ That the process of change to the new system in the prin- cipal cities of the four provinces is not complete, however, can be seen from the data shown in the table on page 273. * The subsidy comes out of the provincial taxes levied in Vancouver on personal property and income (the provincial poll tax of $3 on all males between the ages of eighteen and sixty years was abolished only in 1912). (From a letter by the Assessment Commissioner, H. J. Painter of Vancouver.) The succession duty and corporation and railway taxes are other sources of provincial revenue in British Columbia. C/. The Year Book of British Columbia (1911), pp. 281 ff. ' Cf. Ordinances of the Northwest Territories (1904), c. 19. * Canadian Municipal Journal, October, 1912, p. 388. The tax on transient traders, circuses, etc., has been retained " only for the purpose of regulating the holders from the standpoint of health and morality and public safety." * "Special assessments," that is, the building of roads, streets, and sanitary improvements, by taxing the particular landowners whose prop- erty is improved, are very general in western Canada. In Medicine Hat, for example, the property-owners paid two-thirds of the cost of the side- walks on streets (business section), the city one-third of the cost; on the avenues the owners paid one-third, the city two-thirds. The Canadian Municipal Journal, May, 1914, p. 199. * Cf. supra, p. 270, note 2, for example. MUNICIPAL TAXATION IN WESTERN CANADA 278 TABLE SHOWING THE SOURCES OF TAX REVENUE IN THE PRINCIPAL CITIES OF WESTERN CANADA ^ Ciijf Popula- tion U911) Per cent of value assessed Other taxes for local Land 100 100 100 100 100 100 100 100 100 100 100 100 Improve- ments purposes British Columbia : Vancouver Victoria Manitoba : Winnipeg Brandon Alherta : Edmonton Calgary 111,240 31,660 136,035 13,839 24,900 43,704 8,050 5,608 80,213 12,004 13,823 6,254 66f 50 25' 33i 30 25 452 15' Business tax * Business tax Business tax ' Lethbridge Medicine Hat . . . Saskatchewan : Regina Business tax, poll, su- perassessment tax ' Saskatoon Moose Jaw Prince Albert.... Business, income, and poll taxes > Compiled from data in Commercial Hand Book oj Canada, 6000 Factt About Canada, Canadian Year Book, and from letters by the assessors of the resi)ective cities. The assessor of Moose Jaw writes that a reduction of the percentage by fifteen per cent will be made annually until the whole value ot the improvements will be exempt. ' The reduction of the taxable percentage of improvements since 1911 has been at the rate of fifteen per cent; after 1013 improvements, it was hoped, would be entirely exempt. * The tax is levied on the annual rental value of the premises used for business purposes. The rate is six and two-thiids per cent. Licenses also yield a considerable revenue in Winni- peg. * The business tax in Brandon is based on the annual rental value of business premises; the rate is ten per cent. * In Calgary, the business tax (called personal property tax) is on the basis of the value of the stock. The assessment is made on two-thirds of the average annual amount of stock. Cf. Dixon, The Frogrest of Land Value Taxation in Canada, p. 8. ' The basis of the business tax in Lethbridge b fifty per cent of the value of the stock. The poll tax is on single men only, who are not otherwise taxable and are over twenty-one years of age. The superassessment is an assessment of twenty-five per cent over and ftbove the actual value of vacant building property. 7. In such small communities as the municipalities of western Canada the system of administration and valua- 74 THE TAXATION OF LAND VALUE tion does not involve many difficulties. First, as regards the administration, the council and mayor are responsible for the proper assessment and collection of the tax. They appoint the assessor or assessors ^ who prepare the assess- ment roll. To check up their work, the council in many of the municipalities appoints two of its members, who with the assessor constitute the assessment committee. A ma- jority of this committee is sufficient to change the valuation of the assessor. When the roll has been corrected and supervised, notices of the assessment are sent out to the taxpayers. Any person may appeal against the assess- ment to the court of revision, into which the council re- solves itself for the purpose of hearing appeals.^ From this court further appeal is possible to a judge of the court having jurisdiction in that municipality. The assessments are generally made annually, although the council is em- powered to vote to adopt the assessment roll of the pre- ceding year, without undertaking a new valuation. The law requires that the land and improvements be assessed separately, the former at its actual cash value, the latter at the cost of replacing such improve- ments at the time of assessment, taking into account the condition of the property, and allowing for any deteriora- tion. In valuing the land, moreover, it is often provided that the location and the purpose for which the land is used or might be used within a reasonable time be con- sidered. In other words, the community influences that affect the value of the land are to be taken into account,' 1 In many cases the secretary-treasurer of the municipality has been appointed assessor. Cf. The Public Service Monthly, vol. n, September, 1913, pp. 8, 9. * In British Columbia, the council or five members of the council may sit as the court of revision. One month's notice, by publication in the Official Gazette and a newspaper, is given of the sitting of the court of revision. The members of the court form a quorum and a majority of a quorum may decide all questions of appeal. Year Book of British Columbia (1911), p. 272. * In the Alberta law it is even stipulated that when the assessed value MUNICIPAL TAXATION IN WESTERN CANADA 75 The assessors are aided in their work of ascertaining the value of the land by the records of sales, and by comparing the quality of the soil, in case of agricultural land, with an average quarter section taken as a standard, and by con- sidering the location of the land with respect to the high- way, railway, and market-places. ^ The land registry system facilitates the valuation. In British Columbia, the right of way, and the improvements thereon, of railway companies are assessed as real property within the municipality.' Crown land under preemption or lease is liable for taxes as if owned. Such is the law with respect to valuation. In actual practice underassessment frequently occurs. In some places, e.g., Saskatoon,' the assessors reported an under- valuation of from ten to twenty per cent. Often this was due to the rapid rise of land value. In the recent ebb tide of values, overassessment was frequent. In the Canadian municipalities, however, where the valuation is for local purposes only, uniformity in assessment is of greater im- portance than full value assessment. It has been pointed out that in practice the exemption of improvements in western Canada applies to buildings, fences, trees, and other visible improvements, not to filling, grading, clearing from timber, draining, and irrigation, etc.^ In many of the Acts, improvements include "any other is either below or above its actual value, the assessed value shall not b changed upon appeal, if such value bears a " fair and just proportion to the value at which the lands in the immediate vicinity of the land are as- sessed." Alberta (1906), c. 63, Pt. xxxi, 5. This clause has recently served an unforeseen purpose in the towns, so that an amendment was necessi- tated. In the fiscal exigency caused by the institution of the Single Tax, the towns interpreted the above clause as legalizing overvaluation of the land. (See infra, 9.) To prevent such interpretation, this amendment was adopted in 1914, " that in no case shall an obviously excessive assess- ment be maintained." Alberta (1914), c. 7, 5. ^ Cf. The Public Service Monthly (Sask.), vol. n, September, 1913, p. 9. The Year Book of British Columbia (1911), p. 73. * Haig, op. cit., p. 59. Biillock, in New York Evening Pott, June 27, 1914. 276 THE TAXATION OF LAND VALUE increase in value (of the land) caused by any other expendi- ture of labor or capital thereon." Cases do occur of land whose value after clearing has fallen below the cost of clearing and improvement. It is recognized, however, that only so much of the cost of the improvement can be ex- empted as remains unexhausted at the time of valuation.^ Whether the rule is theoretically valid or not, valuers have found it practicable. A less common method of assessment exists in Medicine Hat. Under the Act of Incorporation, the council was em- powered to set apart certain sections of the land to be known as improvement districts.^ Within these districts, land which is not being utilized as the demands of the vi- cinity require, that is, unimproved land, may be subject to a superassessment. The council, in case it decides to levy such a superassessment tax, determines the proportion of overvaluation, which is, however, in no case to exceed fifty per cent of the actual value. For example, owner A has a parcel of land valued at $500 which is unimproved. The assessor, by a vote of the council enacting a superassess- ment of twenty-five per cent above the value of the land, enters A's land on the roll at $625. The purpose of this provision is clearly to encourage improvement and to subject the absentee holder to a greater burden of taxa- tion.' Lethbridge also has had such a tax for many years. In 1913, the superassessment was twenty-five per cent above the value of the land. When the assessment roll has been completed, the coun- cil fixes the rate of tax. The general rate, when levied on * So in Australasia. Cf. supra, chapter m, 4. Cf. also Report of the Royal Commission on Taxation of British Columbia (1911), p. B 25. Alberta (1906), c. 63, Pt. xxxi, 5. ' The tax assessor of Lethbridge writes: "Some years ago it was no- ticed that a very large proportion of vacant property in the city was held by outside speculators, and the council at that time obtained permission from the Legislature to put a clause in the city charter allowing them to superassess this vacant land within a certain limit of the improved area to the extent of fifty per cent." From a letter to the writer. MUNICIPAL TAXATION IN WESTERN CANADA 277 land only is usually not to exceed two per cent of the assessed value. When improvements are taxed, the max- imum rate is in most cases one per cent. In British Colum- bia where improvements are not taxed above fifty per cent of their value, the general rate may not exceed one and one-half per cent. Besides the general rate, school, park, library, hospital, health, and other special rates are levi- able. A tax for paying the interest on the municipal debt may also be raised. Local improvement rates and those special rates to be expended for improvements benefiting particular areas in the municipality are raised by special assessments, that is, the cost of such improvements is charged to the particular property benefited. The principle of "special assessment " is in accord with that of land-value taxation and is well recognized in the systems of taxation throughout Canada.^ A rebate is allowed for the prompt payment of the tax. In case of delinquency in payment interest is charged, and if the tax is not paid usually within three months of the date of notice, lands are liable for sale.' Lands sold for delinquent taxes may be redeemed within one year from the day of sale on payment of the amoimt for which the land was sold plus interest.' 8. By far the most important fiscal consideration which the system of taxing land value presents is the ade- quacy or productiveness of the tax for all local expenditure. That the real estate tax constitutes an elastic source of revenue is well established. By mere regulation of the rate of tax, the required revenue can be obtained. The aim in taxation is, of course, to keep the rate of tax as low as pos- sible. When, however, improvements are exempted from taxation, and when the land has been assessed at its full value, the rate of tax must be increased to yield the same sum of revenue as before. This increase in rate of tax is * See supra, p. 272, note 4. Cf. British Columbia (1911), c. 170, 278. Cf. Year Book of British Columbia (1911), p. 272. 278 THE TAXATION OF LAND VALUE obviated only under one condition, namely, when the value of the land has appreciated. An illustration will make this clear. Suppose the assessed value of the land in a munici- pality is $200,000, that of the improvements $50,000. To obtain a revenue of $5000, the rate of tax on real estate will be twenty mills. The following year let the improvements be exempt from taxation, and the tax rate will have to be twenty-five mills, unless in the mean time the value of the land has appreciated to $250,000. This was indeed the secret of the fiscal success of this system of taxation in the western provinces before the business depression that set in in 1913. Here the land actually tended to appreciate more rapidly than the expenditure of the municipalities, so that the rate of tax did not need to be raised inordinately when improvements were untaxed. Another noteworthy advantage that rendered this system of taxation more expedient in the western than in the eastern and other densely populated cities, was that in those newer commu- nities the value of the improvements tended neither to increase so rapidly as the land nor to equal the value of the land as in older cities. For example, compare the assessed value of property in Vancouver and Calgary with that in Toronto and Montreal: * ASSESSED VALUE OF PROPERTY IN 1912 Vancouver. Montreal . . Toronto . . . Calgary . . . Land $138,557,595 377,670,560 147.668,179 102,260.915 Per cent of total assess- ment 72.2 69.2 50.6 83.0 Improvements $53,515,295 260,351.065 144.131.416 20,813.620 Per cent of total assesS' ment 27.8 40.8 49.4 16.9 * Financial and Departmental Reports, Vancouver. B.C. (1912), p. 60; Report of Assessment Department, City of Montreal (1912). p. 4; Man- ual of Calgary; Report on Taxation of Improvements by Assessmeni Com- missioner of Toronto (1912), p. 11. MUNICIPAL TAXATION IN WESTERN CANADA 279 By exempting improvements, therefore, the added burden of taxation on land, ceteris paribtis, would be considerably heavier ^ in the eastern than in the western cities. The distribution of burden on the individual owners un- der the system of taxing land value, however, is quite another proposition. Clearly, if the rate of tax must be doubled, land with no improvements will be taxed most, land with improvements of the same value as the site will pay the same amount of taxes, while the owner of land whose value falls short of the value of the improvements will pay less than under the realty tax. The shift of burden which the exemption of improvements occasions is appar- ent from the following assumed cases: A, B, C, D, etc., are owners of parcels of real estate, the respective values of which and the amount of taxes payable under the differ- ent systems and rates of taxation are set forth and com- puted in the following table: Assessed value Realty tax when Land-value tax when Rate of tax is 15 mills Rate is SO mills Rate is 20 mills . (Land $15,000) ^ } Building 15,000 J T, (Land 15.000) " ) Building 5,000 J f^ ( Trfind 15,000 ) ^ i (vacant) f p. (Land 15,000 ^ } BuUding 20,000 \ $450 800 225 525 $450 450 450 450 $300 300 300 300 The above table shows the incidence of the tax un- der various circumstances. Assuming (1) that the same * It is very significant, however, that even in an old city such as Mon- treal, the value of improvements does not equal the value of the land. Indeed, the assessment of 1913 shows an increase of $125,259,245 in the value of the land, and an increase of only $28,532,375 in the improve- ments. Cf. Report of Assessment Department, City of Montreal (1913), p. 4. 280 THE TAXATION OF LAND VALUE]! amount of revenue must be raised after the institution of the tax on land value as before, and (2) that the value of the improvements in the community just equals that of the land, then the new rate of tax will be thirty mills in- stead of fifteen mills as shown in columns 2 and 3. How will the change in the system of taxation affect the amount of taxes payable by the four proprietors A, B, C, D, each of whom owns tracts of land of the assumed value of $15,000, but under various conditions of improvement? From the table (columns 2 and 8) it will readily be seen that D whose land is best utilized will alone profit by the change from the realty to the land-value tax. His tax bill will be $75 less than before; A will be liable for the same amount; while B and C whose land is kept in a compara- tively undeveloped condition will be more heavily bur- dened than before. Suppose, again, that instead of being equal to the value of the land, the value of improvements in the municipaUty is one-third that of the land, as is the case in many of the western Canadian municipalities. Then a rate of twenty mills will suflBce to yield the same revenue as before the institution of the system. The incidence of the burden in that case is illustrated in column 4. Both A and D will pay less; B will pay the same; while C will again be subjected to a higher tax. In other words, the tax on land value fa- vors the owner of the more highly improved land as com- pared with the owner of the less improved land; and the less the increase in rate occasioned by the change of sys- tem, the greater, of coiu*se, is the reUef to the owner of improved property. As a matter of fact, the Canadian municipalities were unusually circumstanced in that the adoption of the tax on land value did not necessitate a great increase, if any, in the rate of tax, even in spite of the growing budgets. The reason for this is the important fact that land tended to appreciate so rapidly in value in those communities. The MUNICIPAL TAXATION IN WESTERN CANADA 281 truth of this assertion is made evident from the following table: TABLE SHOWING INCREASE IN THE ASSESSED VALUE OF REAL PROPERTY IN CERTAIN SMALL COMMUNI- TIES, 1912-1913 1 Locality Port Coquitlam, B.C. . . . North Battleford. Sask.* Portage La Prairie, Man. Medicine Hat, Alta.* . , , Moose Jaw, Sask.* Orillia, Ont Milden, Sask Bassano, Alta.* Point Grey, B.C Saskatoon, Sask Broadview, Sask Canora, Sask Assessed value of property $6,449,887 10,034,137 4,473,612 20,393,950 51.997,286 3,429,080 146,000 1,675,360 19,911,318 54,463,930 604,094 2,081,600 Increase over preceding year $1,449,887 4,454,740 365,267 13,381,365 8,331,988 * 500,000 54,000 243,290 5,266,730 18,992,515 132,421 1,155,950 > Data collected from the "Financial Notes" columns of the Canadian Municipal Jour- nal (1910. 1911, 1912, 1913), and from official letters to the writer. The accuracy of soma of the above figures cannot be vouched for as they are not all official. North Battleford will introduce the tax on land value as the sole source of local revenue within two years. {Canadian Municipal Journal, September, 1913, p. 373.) * The assessment is on land only. * The assessment in Moose Jaw in 1914 fell below that of 1913, the total gross assessment being $50,651,090. Figures taken from a letter by the City Assessor. ASSESSMENT AND TAXATION OF TOWN OF BASSANO AND BASSANO SCHOOL DISTRICT FOB THE YEABS 1910 TO 1914 1910 1911 i9ia 191S 1914 Assessed valuation in town munici- palities Assessed valuation in school district Municipal rate, mills School rate, mills. . $293,325 Not formed 10 Not formed $478,736 478.736 15 15 $1,432,070 1,432,070 13 7 $1,676,360 3,169,760 16% 2% $1,750,435 3,373.811 18% * The assessment is o * The appreciation in Year 1910 n land only, the value o land in Sas Aiteasment o . $8,639.7 . 21,545.7 . 86.471.4 . 54,463,9 . 64,461,3 katoon is show nland 60 58 15 30 50 n below: Tax rate (milU) 21 1911 18 1912 18 IMS 18 1914 1714 (Data furnished the writer by the City Assessor.) 282 THE TAXATION OF LAND VALUE What is thus characteristic of these smaller communities is even more strikingly characteristic of the larger cities, Edmonton, Calgary, Vancouver, and Winnipeg, as shown in the tables on the opposite page. In spite of the growth of the towns, therefore, and of the increased expenditure which this growth necessitates, the rate of tax has not had to be increased in many cases. In many cases the rate has even been reduced, while in many more it has had to be increased but slightly.^ A few examples of the rate of tax in some of the cities in western Canada are shown below: ^ Municipality 1910 1911 1912 (miUs) (mills) {mills) 20 20 20 17 13.7 12 16 14.5 12.5 10.8 13.25 12 , , 23.5 15 15.26 13.33 13 14 11 16.5 10 15 13 16 7 21 18 18 18 18.1 15.88 26.25 24 21 1913 {mills) Vancouver Edmonton Calgajy Winnipeg Kelowna Prince Albert . . . Medicine Hat. . . Bassano : Municipal rate School rate . . . Saskatoon Begina Victoria 20 16 18.75 13 17.6 11 15 16.5 2.6 18 14 20 The significance of the above table may be summarized thus : First, in 1913, even though the depression had set in, the maximum rate of tax did not exceed two per cent. Sec- ondly, in five of the cities the rate was either reduced or * This enormous appreciation in land value from year to year is not only responsible for the abolition of other taxes in the municipalities, but also for the excessive indebtedness incurred by the western towns because a surplus revenue leads to extravagance in public expenditure. Thus while public improvements tend to enhance the value of land, so the latter in turn becomes itself the cause of the public outlays for improvement. * Data gathered from various sources, chiefly, however, from the re- plies to the questionnaire. MUNICIPAL TAXATION IN WESTERN CANADA 283 TABLE SHOWING INCREASE IN THE VALUE OF TAXABLE PROPERTY IN CALGARY, EDMONTON, AND WINNIPEG* Assessed value of taxable property Year Calgary Edmonton Winnipeg 1901 $2,307,040 $1,395,912 $26,405,770 190 2,383,325 1,724,420 28,615,810 1903 8,221,549 3,208,100 86,273,400 1904 4,099,437 8,959,648 48,214,950 1905 5,433,469 6,620,985 62.727,630 1906 7,771,921 17,046.798 80,511,725 1907 12,832,496 21,985,700 93,825.960 1908 17,941.698 22,535,210 116.106,390 1909 19,824,978 25,584,990 107,997,320 1910 80,796,092 80,105.110 157,608,220 1911 52,747,600 46,494,740 172,677,250 1912 112,559,400 128,475,070* 214,360,440 * This enormous increase of nearly 300 per cent in assessable value is in part due to the annexation to Edmonton in 1012 of the suburban town, Stratbcona. TABLE SHOWING THE PHENOMENAL GROWTH OF VAN- COUVER IN POPULATION AND IN VALUE OF ITS LAND AND IMPROVEMENTS* Year Popula- Per cent of Assessed Per cent Assessed value of Per cent increase tion in- crease value of land of increase tmprove- ments 1887 5,000 $2,456,842 $182,235 1891 13,685 174 10,477,420 826 1,501,665 724 1895 17,862 81 13,829,724 82 4,817,660 187 1899 24,000 S5 12,705,099 decrease 5,011.190 16 1903 84,484 44 13,845,565 9 9,091,270 81 1907 60,100 74 88,346,335 177 16,381,475 80 1911 111,240 85 98,720,345 158 37,858,660 131 1912 122,100 9 138,557,545 43 58,515,295 41 * For Calgary, cf. Annual Report of City of Calgary, Alta. (1912), p. 10; for Edmonton, City of Edmonton, Ninth Annual Report, Financial and Departmental, p. 365; Winnipeg, Municipal Manual (1918'), p. 137. * Corporation of the City of Vancouver, B.C., Financial and Departmental Reports (1912). 284 THE TAXATION OF LAND VALUE remained the same throughout the four years* period; in the other six municipahties only a slight increase, or slight fluctuation, in rate is noticeable. Thirdly, in the five cities relying on the land as the sole source of revenue, the max- imum rate of tax was twenty mills, the minimum fifteen mills. Kelowna required a rate of fifteen mills when im- provements were taxable, a rate of seventeen and three- fifths when improvements were exempt. The fact that in Vancouver, since 1906, the rate of tax continued to be twenty mills shows that the complete untaxing of im- provements which was instituted in 1910 did not occa- sion an increase in rate. Where the value of land rises so enormously as to obviate an increase in rate of tax, the substitution of the tax on the unimproved value of the land for that on realty will not only relieve the owner of im- proved land, but will add only slightly, if at all, to the burden of unimproved land. 9. Before the recent industrial crisis set in it would have been possible to say that the adoption of the tax on land value, even as a single tax, was highly expedient in western Canada, from the standpoint of both elasticity and productiveness. In fact, under the conditions dis- cussed, elasticity is not an unmixed good. The unwill- ingness to reduce the tax rate leads to extravagance in expenditure. The tax, however, is self-sufBcient, where, as in the municipalities of western Canada, the value of the land is an ever-increasing source of revenue. And it is for this reason that the other taxes, such as burden industry or labor can be dispensed with. The results of the industrial depression have been seized upon by the adversaries of the Single Tax. We are in this section concerned only with the fiscal aspect of the land tax. What, then, has been the effect of the present "slump" in land value on the municipal tax system? ^ ^ My conclusions are drawn particularly from Dr. Haig's study. The investigation was made on the spot, in 1914, during the depression. And in the first part of his book he has put the results of the study in a form which makes it in a sense source material. MUNICIPAL TAXATION IN WESTERN CANADA 285 To appreciate the industrial situation in western Canada, the abnormally speculative values of land before 1913 must be called to mind. Also the fact that the stagnant condition of the realty market left many realty operators with a large number of holdings on their hands, land yield- ing no income, yet on which taxes had to be paid. "The economic condition of Saskatoon is much more serious than the people realize. They expect the present depression to be relieved very soon; but relief will not come for many years. The fundamental richness of the country cannot be denied; but the values of the city real estate anticipate the far distant future. The distant future will take care of itself very nicely; the immediate present is another question. Many men who counted themselves rich two years ago and who did not get rid of their real estate are in real distress. An acquaintance who owns a half section laid out in lots within the city Umits confided that he was greatly worried about his grocery bill. With taxes due on a piece of land assessed at $20,000, *I, myself, do not know where in the world to get the money to pay them with.' The heavy land tax makes it difficult to carry vacant land. Every one feels it. Up to this time people have paid abso- lutely no attention to taxes; they have been an unimpor- tant detail. People paid them cheerfully. There has been no public discussion about them and they have not entered into calculations. Now, for the first time, attention is being called to them. It is foolish to say that land has not de- preciated in value. The bottom has entirely fallen out of the market. No prices are being quoted," etc.^ Or, "Ed- monton has not been so hard hit as other cities by the present depression. There is more building going on there than in other places. Most of the distress is being experi- enced by people who are loaded up with vacant property which is not good security for loans. Many people bought up the land at high prices expecting to pay but one install- * Haig, OTp. cit., p. 69. 286 THE TAXATION OF LAND VALUE ment and to sell at an advance before further payments became due. With the bottom out of the real estate market such people are finding difficulty in paying interest, the second installment and the taxes on their property. The Hudson's Bay Company is experiencing difficulty in its attempt to collect the second installments on the land sold in their great sale a few years ago. Many persons would gladly sacrifice their first payment if the company would take the lands off their hands; but this the company re- fuses to do. Some of the property in town has a value which is greatly inflated. Many of the subdivisions will doubtless decrease enormously in nominal value in the near future." ^ In Calgary also, in spite of the speculation promoted by the discovery of petroleum in 1913, the realty market has been inactive.^ Nevertheless, admitting the hardships created by the heavy taxation of land, especially to the owners of vacant property, the fiscal effects have not been serious.^ In Cal- gary, for example, the fact of business depression is estab- lished by the decHne in bank clearings from 275 millions in 1912, to 247 millions in 1913, and to 201 millions in 1914. At the same time the total tax base increased from 111 millions in 1912, to 133 millions in 1913, and to nearly 135 milUons in 1914; while the total rate of tax had to be increased from 12.5 mills to 18.75 and to 20.75 mills during the same period. But this increase in rate loses significance when we consider that 12.5 mills levied in 1912 was the lowest rate since 1895, and that the rate of tax was 22 mills during 1904-06 and 21.5 mills in 1909. Moreover, the re- ceipts from the property tax were nearly twice as great in 1913 as in 1912.* In Saskatoon, likewise, the net assess- ment (including business and income) increased from 36.8 1 Haig, op. cit., pp. 105, 106, 118. = /^VZ., p. 110. ' It is necessary to point out that in New York City the realty tax has had similar serious effects during the recent depreciation in land value, and has given rise to widespread discontent with the present tax system. * Ibid., pp. Ill, 117. MUNICIPAL TAXATION IN WESTERN CANADA 287 millions in 1912 to 56.2 millions in 1913 and to 56.6 millions in 1914; the tax rate was reduced from 19.5 mills in 1912 to 18.4 mills in 1913 and to 17.55 mills in 1914; while the tax levies were as follows: $666,812, $1,014,667, and $993,037 in the three years, respectively.* Turning to the three largest "Single Tax" municipali- ties, we find the fiscal conditions were somewhat less favor- able, as appears from the subjoined table.^ Yet only in Taxable value: 1912 1913 1914 Tax rates: 1912 1913 1914 Tax levies: 1912 1913 1914 Vancouver $138,557,595 144,974,525 150,456,660 20 mills 20 " 22 " $3,078,749 8,217.466 8,677,160 Edmonton $123,475,070 188,539,110 191,283,970 12 mills 16 " 17.5 " $1,530,205 3,471,444 3,769,970 Victoria $71,670,770 89,130,150 89,151.990 mills 21 20 22.35 $1,313,248* 1,466,797* * Receipts yielded by the land tax and constituting about half of the total budget. The frontage and special assessment taxes almost equaled the yield of the land tax in 1913. See Haig, op. cit., pp. 225, 22&-31. Vancouver did the tax rate reach the high water mark for that city. In both Edmonton and Victoria higher rates had been levied in preceding years. The tax rate for Ed- monton was 21.5 mills in 1901, for Victoria, in 1909, it was 26.5 mills. There are, however, other fiscal data to offset this favorable showing. Thus, in 1913, the first time in many years, the budget account of Vancouver showed a deficit of $223,956. In Edmonton, also, there was an excess in deficit in the general fund over 1912 by about $30,000.' Again, the arrears in payment of taxes have grown since 1913 to an alarming extent in some of the com- Haig. op. cit., pp. 58-60. Ibid., pp. 92-93; 190-95. Ibid., pp. 88, 180-81. 288 THE TAXATION OF LAND VALUE munities, reflecting the general depression in land value.* Furthermore, the increase in the number of appeals against assessments and the greater value of the assessed property in 1913 and 1914 indicate an overvaluation of the land.' Overassessment is not an unusual occurrence in a time of transition and readjustment of values. The business de- pression, moreover, interfered with the contemplated public improvements and made retrenchment necessary in many communities.' Nevertheless, if we discount the fiscal stringency, which, we must not overlook, prevailed also in other Canadian and in American cities during the same time, the land-value tax, not as the single tax, how- ever, seems to have stood the test even in a period of declin- ing values. Nor must it be overlooked that whatever com- plaints may have been voiced and demands made to extend the tax base, no municipal council, nor provincial legisla- ture, has thus far been induced by necessity to abandon the system of exempting improvements.^ * Cf. Haig, op. cit., p. 94. Sales of property for taxes, although unpopular, were declared very generally throughout the western provinces during 1914 and 1915. The lax enforcement of law in British Columbia which per- mits the taxpayer to be in arrears several years before he can lose his property has been blamed for the excessive arrears recently. It was found that the redemption of properties sold for taxes in 1914 proceeded fairly and that only a small percentage was likely to be forfeited in British Co- lumbia. At a tax sale held in North Vancouver in 1914, 276 parcels were cflfered for sale. Of this niunber all but 38 parcels were redeemed at the close of the redemption period of one year. The maredeemed parcels were worth four per cent of the total arrears, and among them were several bad titles. Again it was reported that while bidding at the sales in British Columbia was brisk on good residential property, business property in most cases fell to the municipality. Canadian Munid'pal Journal (1915), pp. 132, 240, 352, 388, 313. * Cf. Wade, Single Tax in Western Canada, in National Tax Associa- tion Proceedings (1914), p. 428. In British Columbia, in 1915, a reduc- tion of about fifty per cent was made in the undeveloped districts. Cf. Canadian Municipal Journal (1915), p. 436; also p. 313. Cf Ibid., pp. 53, 437. * The fact that the Union of Alberta Municipalities in 1912 and 191S refused to vote for the repeal of the system of land-value taxation is likewise good evidence of the expediency of the tax. Cf. Haig, op. cit., pp. 80. 84. MUNICIPAL TAXATION IN WESTERN CANADA 289 The experience with the Alberta Town Act of 1912, how- ever, proves convincingly the inexpediency of instituting the new system during a period of falling land value, or of introducing it too suddenly in static, unprogressive com- munities. ^ Enough has been said about the economic con- ditions under which the land tax can be instituted success- fully to make explicable the embarrassment of the towns in Alberta when the provincial enactment was passed providing for the taxation of land value to the exclusion of all other taxes for local purposes. Of the forty-six towns affected by the legislation only one had as large a popula- tion as 3,000. In some of these local bodies the change was made without fiscal stress; in the majority of cases, how- ever, the untaxing of buildings and the exempting of per- sonalty necessitated a considerable increase in the tax rate. In some of the towns the tax rate had to be raised about one hundred per cent or more. For example, in Ponoka, the rate was more than doubled, from eighteen mills in 1911 to forty-five and five-tenths mills the following year; in Leduc the advance was from twenty to forty-two mills. Local conditions in these cases and in others aggravated the financial stringency that ensued.^ Illegal means, such as overassessment, excessive frontage taxes, other special assessments, etc., had to be resorted to in order to raise the requisite revenue. In fact, the amendments to the Act in 1913, providing for a frontage tax, not to exceed ten cents per foot of frontage, and a business tax ' are evidence of the impracticability of a general enactment which disre- gards the differences in local conditions and local needs. In passing judgment upon this instructive experience in Alberta, it must not be forgotten that the change involved more than the untaxing of buildings, and that the latter is yet in force in the towns. * For an excellent and detailed account of the effects of this legisla- tion see Haig, op. cit., pp. 129 ff. * In some towns, the exemption of the land owned by the railway com- panies was the cause of the narrow tax base. C/. ibid., p. 14*. Alberta (1913), c. 8, 13 (1st sess.); c. 22, 14 (2d sess.). 290 THE TAXATION OF LAND VALUE 10. Granted that the fiscal adequacy of the land tax in western Canada has been estabhshed, its expediency must be tested further by the criterion of incidence. With- out attempting to discuss the justice of the distribution of burden, it is necessary to point out and examine certain data widely employed to show: (1) that under the system of local taxation in western Canada a small percentage of the population, the landowners, bear the whole burden of the local budgetary requirements; ^ (2) that the untaxing of buildings shifts the burden from the more fortunate owner of the skyscraper to the owner of vacant property; (3) that the rich owner therefore profits at the expense of the poor home-owner; and (4) that the system favors the rich landlord also in that he is exempted from more taxes proportionately than the landless resident.^ Briefly, the first point made above is directed against the Single Tax feature of the system with which we are not here concerned. Whether improvements are taxed or untaxed, the number of taxpayers in a community, where, in the main, house and lot are owned by the same person, will remain practically the same. It is significant, neverthe- less, that the percentage of property owners in the western municipalities is notably high. In Regina, for example, about sixty-five per cent of the houses are inhabited by the owners, in Vancouver and Saskatoon about sixty per cent, in Edmonton from sixty to sixty-five per cent, in Calgary about sixty-six per cent.' And since many of the tenant ^ Wade, Experiments with the Single Tax in Western Canada, pp. 12, 16. " But under the so-called Single Tax only one citizen in five (in Van- couver) pays for the civic upkeep, while four in five escape the burden altogether. Twenty-two thousand pay the way for 114,200, and 92,000 comfortably escape all responsibility." The basis for Wade's comparison is surely incorrect. Had he compared the number of taxpayers with the number of voters, instead of with the total population, the ratio would have been more faithful to the facts. * " In other words, about seventeen-eighteenths of the exemption is in favor of the wealthier classes, and one-eighteenth in favor of those not so well provided." Wade, The Single Tax Failure in Vancouver, pp. 6-6. Haig, op. cii., pp. 63, 100. MUNICIPAL TAXATION IN WESTERN CANADA 91 occupiers may own unimproved or other property in the town the percentage of taxpayers even exceeds the high percentage of home-owners. With regard to the second contention raised, the untaxing of buildings did shift the burden of the tax from the owner of the skyscraper to the owner of vacant property. But that was exactly the pur- pose of the change. It was intended to make the owner of unimproved land contribute a larger quota to the local revenue, either because such owner was often a non-resi- dent, pocketing the value increment of the land, or was a resident speculator. The latter, indeed, convinced of the beneficent effects of the system on the community, which would be reflected in the rapidly rising land values, was himself responsible for the institution of land-value taxa- tion. As a matter of fact, in times of rising values, the speculator was affected only slightly by the added burden. The charge that the exemption of improvements im- poses a greater burden on the home-owner than under the realty tax can apply only to owners of buildings the value of which falls below the average ratio prevailing between the value of the improvements and that of the site. Where that ratio is about thirty per cent or less as in the western towns, very few resident owners have been adversely affected by the change. In fact, we have seen that in very many cases, the untaxing of buildings did not even neces- sitate a higher tax rate. Finally, the charge that the exemp- tion of the wealthier class from taxation is relatively greater than that of the working class loses weight when we reflect that (1) under the Single Tax system the landless workman escapes all local taxes, and that (2) the relief from taxation afforded to owners of business premises and build- ings was expected to revert indirectly to the community in the form of social and economic benefits. This leads us to inquire what the economic effects have been. 11. In venturing to trace in social phenomena the effects of a tax, the general principle must not be lost sight 292 THE TAXATION OF LAND VALUE of, namely, that numerous forces are at work in society, and that social phenomena are the resultant of the interplay of a variety of causes. This was pointed out in the case of the Australasian taxes. Indeed, so similar are the con- ditions in both countries, that the conclusions with regard to the social and economic effects of the tax in Australasia hold true in the case of the Canadian system. So remark- able has been the development of the towns, so great the influx of population, so favorable the industrial oppor- tunities, so rich the natural resources, that the influences of the tax on land value, whether salutary or otherwise, have been scarcely noticeable or traceable. Nevertheless, it is generally admitted even by the oppo- nents of the system^ that the exemption of improvements has given an impetus to building operations in western Canada. In the provinces this opinion is especially gen- eral; and the prodigious increase in building operations in recent years, especially in the localities where all improve- ments are exempt, is attributed in part to this cause. ^ A few examples showing the great expenditures made for build- ing purposes, although not necessarily evidence of the in- fluence of the tax system, will disclose the general situation of prosperity and rapid development of the western com- munities before the depression which began in 1913. While the real cause of this unmistakable trend in build- ing operations Ues in the enormous increase in population, it is the costliness of the structures, not the number, that may reflect the influence of the exemption of improvements from taxation. Take Saskatoon, for example. In 1911, the population was about 12,000; yet the amount expended on * Cf. Bullock, " Single Tax in Vancouver," in the New York Evening Post, June 27, 1914. Also Wade, The Single Tax Failure in Vancouver, p. 13. * Letters received by the writer from Medicine Hat, Moose Jaw, Prince Albert; seeSingle Tax Review, May-June, 1911, pp. 10 jf., on effect of the tax on the building trade in Vancouver, and for Edmonton, see ibid., November-December, 1910, p. 48. MUNICIPAL TAXATION IN WESTERN CANADA 293 TABLE SHOWING THE COST OF NEW BUILDINGS IN CER- TAIN PROGRESSIVE TOWNS IN WESTERN CANADA Year Vancouver Edmonton Winnipeg Calaary Saskatoon Victoria 1907.... 1908.... 1909.... 1910.... 1911.... 1912.... 1913.... $5,632,744 5,950,893 7,258,565 13,150,365 17,652,642 19,388,322 10,424,197 $2,280,210 2,549,847 2,128.166 2,159,106 3,672,260 14,446,810 9,242,450 $6,309,950 5,513,700 9,226,325 15,116.450 17,550,400 20,563,760 18.593,350 $2,094,264 1.004.520 2,420.450 5,589.594 12,907.638 20.394.220 8,619,653 $377,211 115,625 1,002,055 2,817,771 5,028,366 7,640,530 2.563.885 $1,490,250 1,314,240 1,773,420 2,373,045 4,126,315 10,666,206 4,037,092 buildings in five years, 1907-11, was over nine million dollars.^ But especially noteworthy are the enormous sums expended on new structures during 1911-12, over $12,600,- 000! These were years when the reduction was made in the assessment on improvements. But that this reduction was not alone responsible for the building activity is clear, for the activity slackened considerably in 1913 in spite of a further ten per cent reduction on the assessment of im- provements.' The rapid development of Saskatoon is borne out also by the following quotation:* "The city, although only ten years of age, has gotten past the shanty stage. Brick, stone, concrete, steel are the materials used in the construction of its houses." In Vancouver, in 1910, the first year under complete land- value taxation, the in- crease in the number of building permits was about ten * Vancouver's Financial and Departmental Reports (1912) ; Winnipeg's Municipal Manual (1913); Annual Report of Calgary (1912); British Columbia Year Book (1911), p. 322; Canadian Municipal Journal, July 1913, p. 252 et passim; Eighth Annual Report of the Department of Agri- culture of the Province of Saskatchewan (1912), p. 135. * In 1912, the population had more than doubled, i7,5i7 persons, and there were 1783 permits granted for new buildings. It is noteworthy that in all the mimicipalities of Saskatchewan, in 1912, the total value of the new buildings was $33,270,781, as compared with $17,857,308 in 1911. Eighth Annual Report of the Department of Agriculture of the Province of Saskatchewan (1912), p. 135. * By that time the business depression had set in and may have been a counteracting influence in the situation. Cf. Haig, op. cit., p. 270. * Canadian Municipal Journal, December, 1913, p. 484. 294 THE TAXATION OF LAND VALUE per cent, the growth in the value of building operations was about eighty-one per cent. The high per capita value of new buildings in 1912, the crest of the flush period, is shown in the subjoined table: ^ TABLE SHOWING THE RELATION OF BUILDING OPERA- TIONS TO POPULATION AND TO IMPROVEMENT EX- EMPTION IN 1912 Municipality Population Value of new buildings Taxable per- centage of improvements Value of neti buildings per capita Vancouver Edmonton Winnipeg Calgary Saskatoon Victoria 122,100 53,383 166,553 70,000 27,527 65,000 $19,388,322 14,446,819 20,563,750 20,394,220 7,640,530 10,666,206 66% 25 $158.8 270.6 123.4 291.3 277.5 164.0 It is perhaps safe to attribute the stimulus to building, in part at least, to the exemption of improvements. What is to be said, however, of the desirability of such an effect? Statistics of the number of vacant dwellings in the western cities are not available. Nevertheless, we may agree with an authority that "Vancouver is badly over- built." 2 About the condition in the other municipalities data are lacking. Now, on the part of the building operator ' excessive overbuilding cannot be continued indefinitely. ^ That other factors entered in as well as the exemption of improve- ments is seen in the wonderful progress of Calgary, where although im- provements are liable to taxation to twenty-five per cent of their value, and although the population was only slightly more than half that of Van- couver, the value of its buildings exceeded by one million dollars that in Vancouver. * Haig, op. cit., p. 204. In western Canada the builder is usually not the speculator, as in Grerman cities, operating except, for a small margin, with borrowed capi- tal. Loans on real estate are conservatively financed in the western provinces. C/. ibid., p. 274. MUNICIPAL TAXATION IN WESTERN CANADA 295 It is comprehensible how during a period of expansion the expectancy of a larger influx of immigrants, together with the relief from taxation, could induce an overproduc- tion of structures, but as in all forms of overspeculation the collapse must follow. From the standpoint of the tenant, on the other hand, even in Vancouver the large supply of vacant houses ^ did not prevent exorbitant rentals during the boom; nor an inordinate decline in rents during the depression. The movement of rents, indeed, must be explained on other grounds than the overstimulation of building. With the daily influx of new settlers seeking dwellings, and with speculation in property rife, the tendency for rents to increase is easily explained.^ The opposite tendency ensued with the advent of stagnancy in the land market and with the exodus of people seeking employment elsewhere. In so far, then, as other causes operated, the tax on land value at the rates levied was ineffective in determining rents and the market price of the land. The determination of the inci- dence of the tax is likewise impossible, for in a time of fluctuating, inflated land value the tenant probably pays part of the artificially screwed-up value, including the tax. In a period of declining values, on the other hand, the owner is in the weaker position and is less likely to shift the tax. Again, whether the impetus to building is to be judged salutary or deleterious will depend on the kind of con- struction promoted. Was the erection of residence houses ^ There has been a decrease in the population of Vancouver since 1913. The number fell from 122,000 in 1912, to 114,220 in 1913, and to 106,110 in 1914. It may, therefore, be that Dr. Haig's statement and Mr. Wade's statistics of overbuilding do not apply to 1912 at all. Cf. Haig, op. cit., pp. 204, 208. * Statistics gathered from the three principal cities of Saskatche- wan show an increase in the rent for an ordinary furnished room in a private house from $10 in 1910 to $12 and $14 per month in 1912. Cf. Eighth Annual Report of the Department of Agriculture (Sask., 1912), p. 161. 896 THE TAXATION OF LAND VALUE stimulated, or of tenements? And how was the general condition of congestion affected? In Vancouver there were constructed, in 1912, 217 apartment houses with a value of over six millions, and 2226 dwelling-houses costing over three millions; in the same year in Victoria were erected 1312 one- to two-story dwellings, exclusive of brick or concrete buildings, and 32 apartment houses.^ Even without available data for comparison, the large number of new dwelling-houses in a single year would lead one to think that the incentive to residence building was no less than to apartment construction. Some evidence was quoted, e.g., the subdivision of lots, and the reduction in the num- ber of purchasers of lots for garden and yard purposes in Vancouver,^ to show a more economical use of land as a re- sult of the tax. Whether this tendency of a more intensive use of the land was evident before the depression was not stated. On the other hand, the phenomenon of narrow, twenty-five foot lots in some of the cities has been attrib- uted to local conditions. For example, "The high cost of land and the necessity of being served by local improve- ments has operated to cause Regina to be less scattered. . . .** In Victoria, on the contrary, a "Single Tax" city, and with a relatively smaller area and greater density of popu- lation than the other cities of western Canada, the prevail- ing standard lot is the fifty-foot parcel.' In short, conges- tion not being a problem in these western communities, little can be gathered with regard to this matter which reflects the effect of the land tax. 12. As to the other results which logically might have been expected to follow, even less can be proved from the economic conditions in the western provinces. Taking up the question of speculation in land, we will ignore the pres- ent unfavorable status of the land market as it is causally Haig, op. cii., pp. 200, 23S-S4. Ibid., p. 197. Ibid., pp. 48, 236. MUNICIPAL TAXATION IN WESTERN CANADA 297 unrelated to the land tax. Until 1913, then, it would have been impossible to show that the speculator had been de- terred in his operations in western Canada on account of the land tax. For it is not surprising to find speculation rampant in a country where the appreciation of the value of land has been so extraordinary. Nor will the specula- tion mania ^ cease, so long as the tax fails to appropriate the entire profit. Thus, while it may be assumed that the increased building operations are a sign of the better utiliza- tion of town land, the tax has surely not been prohibitive of property in vacant land, because the enormous value increment, the result of overcapitalization of the land, makes the payment of a two per cent tax, or less, a trifling matter in the calculations of the speculator. Therefore it is not surprising that in spite of the tax there are 26,763 vacant lots in Calgary, Alberta, which have sewerage and water facilities; yet working men are compelled to go out- side the city limits to buy land on the prairie for homes.^ As an official said, at times of land "booms" and "ficti- tious" values, the assessment is seldom considered. Nor can the disintegration of the large landholdings, to which the following quotation is testimony, be attributed to the influence of the taxing system alone. " Many of the most fertile valleys were monopolized by a few individuals, who owned from 1000 to 30,000 acres. . . . These big estates are now being subdivided and sold in small parcels, with the result that small farms and orchards are becoming numerous on ground which was held for years as pasture or merely for purposes of speculation. The breaking-up of these large ranches is one of the most hopeful signs of the * The treasurer of Brandon, Man., writes: "In this part of the world we are subject to periods when there is a big demand for land and very large sums of money change hands in the speculation in land. At such times as these every one is land mad and lands change hands in many cases at ridiculous prices." See also for description of enormous realty transactions, London Ecanomui, May 3, 1913, p. 1039. * Canadian Municipal Journal, August, 1914, p. 832. 298 THE TAXATION OF LAND VALUE times." * On the whole, nevertheless, speculation con- tinued unabated as before, and in spite of the institution of the new system of taxation; but absentee owners and spec- ulators in vacant property contributed a greater share than before to the pubHc revenue. The increase in wages and the unusually high rates of wages in western Canada before 1913 ^ can be only re- motely, if at all, traceable to the operation of the land tax. Wages in the building trade had undoubtedly advanced on account of the activity in that trade. So had the wages of common labor, both in the towns and on the farms. How- ever, since the prices of food and lodging had also ad- vanced, and since labor was scarce, the increase in wages must be attributed rather to the general prosperity of the country, which the tax on land value may have slightly, if at all, furthered. On the other hand, if the building activity is attributed at all to the land tax, the latter must also bear the blame for the abnormal condition of unem- * Bureau of Provincial Information, Agriculture in British Columbia (1912), Official Bulletin 10, p. 14. * The following table, from the Eighth Annual Report of the Depart- ment of Agriculture (Sask., 1912), p. 162, shows the increase in wages in Saskatchewan since 1910: Trade or calling Bricklayera Carpenters Electricians Plumbers Plasterers Painters Woodworkers Building laborers. . . Common laborers.. Teamsters Printers Machine operators. Store Clerks Stenographers Domestics Farm laborers 1910 1911 191S 65 fc 67% 70 A 40 A 40 45* 35 fc 37% 40 A 50h 551/3 60 h mh 65 671/2 A 35 h 35 40 /i 30h 35 35 h 22 h 22 25 h 20h 20 22Vah 55 m 65 66 m 18 10 19 21 w 22 u) 24 26 to 18 w 19 20 to 55 m 60 65 m 18 18 20 m 200]/ 200 250 J/ Per cent tncreate 1912 over 1910 15 12 14 20 12 14 16 14 11 18 17 14 11 18 11 25 h, cents per hour; to, dollars per week; m, dollars per month; y, dollars per year. MUNICIPAL TAXATION IN WESTERN CANADA 299 ployment in the building trades that succeeded the flush of prosperity.^ We may conclude, then, with regard to the expediency of the tax as a social reform measure that although ineffec- tive as a total reform, the tax may be salutary in its general influence. Its real value lies, however, in its fiscal charac- ter. As a fiscal measure, the tax has responded adequately to the needs of the communities, since it is not only a pro- ductive source of revenue, but also since it is least burden- some to industry and capital. 13. The fact that the adoption of the tax in the west- ern provinces has spread and that, even in the recent dire fiscal stress ^ no attempt to rescind the measure has any- where been made, is further testimony of its expediency.' The question arises, however, will its adoption be confined to those provinces merely? Hitherto, or rather until sev- eral years ago, the older, eastern provinces stood solidly against the principle of the tax.* Before the depression, however, there were signs that the popularity of the new * In the spring of 1913, usually the busy season for the building trades, about half the union workmen were said to be out of emplojinent in Vancouver. Cf. The British Columbia Federalionist, March 21, 1913. ' The popularity of the tax and the faith in its expediency are shown by the following incident. During the "hard times" in Vancouver recently, an alderman mustered up sufficient courage, the narrator says, to suggest a tax on twenty-five per cent of the value of improvements. But his sug- gestion did not meet with approval in the council. Canadian Municipal Journal, May, 1914, p. 172. ' That numerous complaints should arise against the exemption of improvements, especially in a time of falling values, is to be expected. The significant fact that cannot be overlooked is that no action has been taken to change the system, where legislation is so simple. Of all the cities, Vancouver has perhaps sufiFered most from the depression, and it is there that discontent with a tax which falls so heavily on the landowner should be most widespread. Yet in this city Mr. Taylor, a pronounced adherent of the system, has been reelected mayor time after time, and again in 1915, in spite of the successful effort to unseat him. (Cf. Canadian Municipal Journal, April, 1915, p. 132.) The fact that his op- posing candidate, Hepburn, also favored the system of taxation shows all the more the general popularity of the land tax. * Cf. Canadian Municipal Journal, October, 1912, p. 388. 800 THE TAXATION OF LAND VALUE taxing system was growing even in the older communities. Nevertheless, though public sentiment may be strongly in favor of exempting improvements in part at least, great opposition must be expected from the more conservative provincial legislatures. Thus in Ontario, 250 municipali- ties have abeady petitioned the legislature in vain to be authorized to reduce the tax on improvements as compared with that on land.^ The organizations that petitioned for the change in Ontario were: The Canadian Manufactur- ers' Association, the Toronto Board of Trade, the Corpora- tion of the City of Toronto, the Toronto District Trades and Labor Council, the Dominion Grange of Canada. ^ In Toronto, too, popular judgment favors the change. Thus, by a vote of twenty-three to one the city council submitted the following proposition to a referendum vote: "Are you in favor of applying for legislation to assess buildings, busi- ness tax and incomes on a lower basis than land?" The popular vote stood about four to one in favor of the pro- posal.^ It is significant also in this connection that the Union of New Brunswick Municipalities adopted a resolu- tion in 1911 favoring the land-value tax as the only source of local revenue.* New Brunswick, situated on the eastern coast of Canada, lacks the conditions which give rise to great land- value increments such as appear in the western provinces. For example, the increase in population during the decade, 1901-11, was in New Brunswick only 6.3 per ^ Canadian Municipal Journal, October, 1911, p. 407. "In the last couple of years attempts have been made to permit any municipality to reduce the tax rate on improvements if the property owners wished it, and petitions asking for this have been presented to the Legislature . . . signed by over 250 municipalities, 200 newspapers and 300 labor organi- zations; they have been endorsed by most of the agricultural papers and by over 100 business firms in Toronto." A. B. Farmer, Tax Reform, a speech delivered before the Union of Canadian Municipalities. ' Taken from a circular issued by the Tax Reform League of Eastern Canada (Toronto). ' Dixon, op cit., p. 4. * Canadian Municipal Journal, February, 1912, p. 50, and December, 1911, p. 478. MUNICIPAL TAXATION IN WESTERN CANADA 301 cent, as compared with 119.6 per cent in British Columbia, 413 per cent in Alberta, 439.4 per cent in Saskatchewan, and 78.5 per cent in Manitoba.^ Furthermore, as was pointed out by Professor Kierstadt, while land in Van- couver was worth two and one-third times the improve- ments, the improvements in Fredericton, N.B., were val- ued at one and one-half times the land.^ The fact, there- fore, that the New Brunswick municipalities favor the exemption of improvements from taxation is especially noteworthy. In Nova Scotia, a bill making the partial exemption of improvements and personalty optional with the local body passed the Lower House several times but was rejected in the Legislative Council.' 6000 Facts about Canada (1913 edition), p. 8. ' Canadian Municipal Journal, December, 1912, p. 490. Bill 129 (1914), "The Optional Assessment Act." CJ. Haig, op.ciL, p. 13. CHAPTER Vn THE TAX IN ITS FISCAL ASPECT 1. After the examination in the preceding chapters of the systems of land-value taxation in operation, we must proceed by synthesis to discover the common essence of the various forms of the land tax, to find its relation to the other taxes, and to set forth its underlying prin- ciples from a fiscal standpoint. To reduce the protean land taxes to a homogeneous form to the land- value tax is not simple. Indeed, the possibility of classing the value- increment duty with the tax on the capital value of land, or the mineral-rights duty with either of the former, may well be doubted. In one case the base of the levy is the value increment, in another the capital value, in a third the rental value; in one case the tax is direct and in another indirect; sometimes it is proportional and sometimes pro- gressive; in certain cases it has occurred as a general and in other cases as a special, or ancillary charge. Neverthe- less, it may be maintained that certain essential characteris- tics appear in the land-value tax under all the divergences of form. The basis of taxation in all these systems is land; the essential or common purpose is to tax the realized or realizable income accruing from the ownership of such land, and to exempt income derived from the employment of capital and labor expended for improvements. Discrep- ancy makes its appearance in the methods and means of assessing the income and of levying the tax. If we inquire what has determined the choice of method, and which of the various systems is the most to be desired, it will be found, first, that the proponents of the taxes on land value in the several countries have followed the line of least resistance; secondly, that, inasmuch as social as THE TAX IN ITS FISCAL ASPECT 808 well as fiscal considerations are often the determining fac- tors in the introduction of the tax, fiscal expediency alone cannot determine what form will be most expedient. We shall find, for instance, that in the British colonies the tax- ation of the unimproved value of the land on the basis of its capital value is not only most expedient economically, but is most consistent with the democracy of those colonies; that in Germany the value-increment tax founded on the system of taxing " Konjunktur " gains ^ conforms best with the prevailing system of taxing income ^ rather than prop- erty; that in England, where the taxation of capital value has hitherto been unpopular, if not obnoxious, a plurality of duties an almost fantastic adaptation of a transplanted system of taxation was deemed necessary to effect the purpose in view. Again we find that where the purpose was fiscal rather than social or economic, the proportional direct levy oi unimproved value was found most productive and most expedient; that where the purpose was social, where, for example, the disintegration of large estates, and the dis- couragement of speculation and absenteeism were sought, the progressive scale of rates, or the especially discrimina- tory undeveloped land tax, was most effective; that where the ethical, or economic motive, the question of the "un- earned increment" was uppermost, the indirect mode of^ levy, i.e., on occasions when the increment would accru^ was adopted; and that where a particular system of h tenure, such as the leasing system, had taken deep root, as in England, a new form of levy had to be devised, namely, the reversion duty. ^ See supra, chapter iv, 3. * That the German system is to tax the increment which has actually accrued at the time it is appropriated is seen from the fact that the occasion of the levy of duty is on transfer of property by sale. This is in contrast with the English system which levies a duty on a hypothetical or anticipated increment, as, in the reversion duty, undeveloped-land duty, and value-increment duty in case of death, or lease, etc. d04 THE TAXATION OF LAND VALUE Assuming that in spite of the differences in form and purpose, these various imposts are essentially the same in principle, it is necessary to consider the tax on land value in the light of fiscal theory and of modern thought gener- ally. 2. As to the place of the land tax in the general cate- gories of taxation, it is evident that the tax on land value belongs to the genus property tax, and to the species real property tax. As already set forth, ^ the direct, proportional tax on land value is merely a modified form of the realty tax. This was made clearly evident in the discussion of the Canadian system. As for the value-increment tax, al- though the method of assessment and collection varies from the usual methods of taxing real property, it is never- theless like the realty tax in that the basis of taxation, the income accruing from landed property, is the same in both cases. But just as the real property tax is differenti- ated from the general property tax by the elimination of personalty from taxation, so the tax on land value is differ- entiated similarly from the real property tax by the exemp- tion of improvements from taxation. A second criterion of classification of taxes concerns their relative importance in the fiscal system whether they are principal, subsidiary, or single sources of revenue. If by a "single source" is meant one covering at once all federal, state, and local needs, it is to be remarked that there is no single tax in existence anywhere; and according to fiscal authorities a single tax, whether the base be general income, land value, or something else, is for a variety of reasons fiscally undesirable.^ For municipal purposes the land tax in certain Canadian and Australasian communities consti- tutes the chief source of public income, although not the sole source, since as we have seen, licenses and subsidies ^ See chapter i, 7. ' Cf. Seligman, Essays in Taxation (1913), chapter iii; Bastable, Public Finance (1903), pp. 343/; Cossa, Taxation (1889), pp. 128/. THE TAX IN ITS FISCAL ASPECT 305 from the provincial government supplement the local revenue. As for the value-increment, undeveloped land, reversion, and mineral-rights duties, the intention has always been to make these merely subsidiary sources of revenue. In fact, the nature of these forms of the tax pre- vent them from becoming the prevailing taxes, since their yield is uncertain and inelastic. Thus, the revenue from the undeveloped land duty, unless the purpose of the tax is frustrated, should diminish in amount as the land becomes better utilized. It would seem that only the direct pro- portional tax is adapted to a general levy, that is for general purposes, while the revenue accruing from the other forms of the land-value tax has been sometimes devoted to a special fund, as, for example, for municipal improvements ^ or old-age pensions. With the exception of one form of the tax, then, the direct proportional, the tax on land value constitutes a subsidiary impost. Indeed, wherever levied, the accruing revenue constitutes a trifling proportion of the total public income. 3. Taxes may further be classified according to the civic division, local, state, or national, by which and for whose use they are raised. Great emphasis is laid by au- thorities on public finance upon the problem of separating the sources of revenue according to their suitabiHty for local, state, or federal purposes.^ It is, therefore, necessary to show to what extent, if at all, the tax on land value con- forms to the most authoritative scheme of separation. The tax on land value is in essence a tax on real property. Now, whatever difference of opinion there may exist with regard to the classification of the other taxes, there seems to be a consensus of opinion, in this at least, that the real property tax should be relegated to the local governments.' 1 As in Frankfurt a. M., for example. Cf. supra, chapter iv, 20. * Cf. Seligman, Essays in Taxation (1913), chapters xi and xii. * This position is taken primarily because it accords with the wide- spread practice in this country of supplying nearly all the municipal budgets by means of the realty tax. 306 THE TAXATION OF LAND VALUE The arguments upon which the defense of this position is based are the following: First, from the standpoint of administration, the local assessors, especially if they are civil service appointees, are most likely to know the actual value of the property, and to have an understanding of the peculiar local conditions influencing values. Secondly, there is the "situs" argument, that the property should be taxed where it is located, so that the community in which the value of the land has been created may be benefited by appropriating a part of that value. It accords, therefore, with the principle that land value is a socially created, or community value. Again, it also accords with the "bene- fit" theory of taxation, that the individual ought to con- tribute to the state in proportion to the services received by him. Thirdly, the local assessment of realty conforms with the principle of local autonomy. The levy of a prop- erty tax by the state, for example, often results in the sup- port of the poorer sections by the more wealthy sections of the state. But under local autonomy, i.e., where each com- munity provides its own budget from its own resources, the rural districts and the urban districts will be self-de- pendent. This, then, meets the objection, for example, that by the exemption of improvements, the urban communi- ties will be relieved from some of the burden of taxation at the expense of the rural districts where the value of the land compared with the value of the improvements is pro- portionally greater than in cities.^ Fourthly, it is also argued that no other tax is more appropriate or more avail- able for local purposes than the real property tax. The income, inheritance, railway, corporation and excise taxes are held to be more suited for the other taxing jurisdictions. Moreover, to tax business or any form of capital in one locality and not in the others, is very likely to drive out the business or capital taxed, to the detriment of the in- dustrial progress of the community. These reasons, there- * Cf. Seligman, Essays in Taxalion (1913), p. 85; and infra., pp. 344 jf. THE TAX IN ITS FISCAL ASPECT 307 fore, favor the relegation of the tax on real property to the local governments. In actual practice the tax on land value, in spite of its kinship to the realty tax, has been levied now by the muni- cipality, now by the state, and again, by the federal au- thority. As we have seen, however, the proportional, direct, general land-value tax, such as is levied in the Cana- dian municipalities, has down to the present been confined to municipal purposes, while the progressive, indirect, and subsidiary forms of the land- value tax are state and federal taxes.^ Thus, it would seem, the purpose of the respective forms of the tax determines by what civic division it should be levied. Where fiscal considerations predominate, as in the case of the Canadian and Australasian municipal levies, land-value taxes are as yet strictly municipal taxes; where the purpose of the levy is primarily not revenue, but social- economic reform, the tax is levied by authorities of wider jurisdiction. It is significant in this connection, and in view of the apprehensions of some economists with regard to the results of separating the sources of public revenue,^ that in both the Canadian and Australasian municipalities, where the tax is in operation, not only is the principle of separa- tion in force, but autonomy, or rather local option, in taxa- tion exists in a great measure.' . If it were necessary to justify the levy of the discrimina- tory land tax by the state or imperial governments, in accordance with the fiscal principle discussed above, it might be contended that the cause of the value increment of land is not wholly local, but that the expenditures of the * The German " Wertzuwachssteuer" is an imperial tax in form only, the revenue accruing to the local bodies. * For example. Professor Bullock, who is opposed to the principle of separating the sources of revenue partly because it will lead to local option in taxation. Cf. Seligman, Essays in Taxation (1913), p. 367. * Nevertheless, the provincial government in Canada and the state gov- ernment in Australasia control the local authorities in their tax legisla- tion, while in Queensland the local tax on unimproved value is even compulsory, not optional. 808 THE TAXATION OF LAND VALUE larger and higher civic divisions affect the value of the land as well. In the case of mines and other natural resources, whose value depends and is generally attributable to a more extended market than the immediate locality, the imperial and state duties can indeed be defended theoreti- cally from this standpoint. Or, it may be argued that the fluctuating and indefinite yield of these indirect taxes, which, if levied by the local authority, would be very slight, becomes considerable when the base is broadened by making them state or federal imposts.^ 4. The distinguishing features of the land- value tax, and those which render its levy so popular with certain groups of people are its underlying fisco-economic prin- ciples of incidence, amortization, and the taxation of capi- tal versus rental value. From the time the Ricardian rent theory ^ was pro- mulgated to the present day, economists have been in general agreement as to the theory of the incidence of a tax on rent. Accepting the Ricardian theory of rent as a surplus value, economic theory holds that a tax on rent or on the differential value of land cannot be shifted. A sharp distinction is drawn in this theory between land and other commodities; land is non-reproducible; its supply is fixed irrespective of the demand. Further analysis of distinc- tions between land and other objects of value led econo- mists to hold that the essential differentiating character- istics of land consist only in its qualities of extension and situation. The principle that a tax on rental cannot be shifted is held to be applicable only in so far as rent is due * Cf. Seligman, op. cit., p. 354. ' The credit of discovery of this principle belongs to a number of writers who anticipated Ricardo. They were James Anderson {An In- quiry into the Nature of the Com Laws, with a view to the new Com Bill proposed for Scotland, 1777), Sir Edward West (An Essay on the Applica- tion of Capital to Land, etc., 1815), Thomas R. Malthus {An Inquiry into the Nature and Progress of Rent, and the Principles by which it is regulated, 1815), and Robert Torrens {An Essay on the External Com Trade, etc., 1815). THE TAX IN ITS FISCAL ASPECT 309 to the "location" or "diflFerential site" value.^ It is as- sumed by this theory that the landlord always exacts the highest possible rental from his tenant, a "rack" rent. Hence an additional burden, as a tax on rent, cannot be shifted to the occupier or lessee, but must be borne by the landlord himself. Now, where conditions are as thus assumed,'^ this prin- ciple of incidence logically follows. But whether the tax on rent as ordinarily charged can be shifted or not has not yet been experimentally demonstrated. Indeed, Professor Nicholson ' and others seem to have refuted the doctrine with respect to agricultural land in England by demon- strating that rating on agricultural land values having declined so considerably during the last quarter of a cen- tury is a tax on profits, and is borne by the tenant in part, as well as by the landlord. Does it mean, therefore, in so far as the tenant bears the tax, that the much maligned English landlord had not exacted the highest rack rent from the occupier after all? It is also to be noted that practical students do not accept the principle of rent un- questioningly. Thus, for example, in the conference pro- ceedings of the " Verein fiir Sozialpolitik " the question of the incidence of the "Zuwachssteuer" was admitted to be ^ According to Professor Davenport, unless the fertility differentials be separated from the location differentials, and unless the tax fall only on the latter, it will be shifted to the tenant who will in turn recoup himself by "skimming the soil" or exhausting the fertility. See his Value and Dis- tribution, p. 249, note. * Like many other assumptions of the cla^ical economists, those under which the rent theory was worked out are preposterously inconsistent with the facts. Free competitive conditions do not exist; in the variety of the uses of land, the differential value cannot be computed except theoretically and diagrammatically; and, moreover, numerous other factors enter into the determination of rent besides the economic. * Cf. Rates and Taxes as Affecting Agriculture, pp. 124 jf., 146. His ex- planation is, of course, that there exists little agricultural land subject to economic rent; that the rent paid is to a great extent profit on capital sunk in the land by the owner. This does not contradict the Ricardian theory, but illustrates how the theory is inapplicable to existing condi- tions. 810 THE TAXATION OF LAND VALUE unsolved.^ To take another example, in the debates in the British Pariiament on the mineral-rights duty the attitude of practical men with regard to the classical theory of incidence was very skeptical. Even among the supporters of the land duties, especially among the mining operators (not owners), the proposal to impose a tax on mineral rights, on the royalty, caused much apprehension that the price of minerals might be enhanced.^ The evidence from the countries we have studied, furthermore, is equally inconclusive as regards the incidence of the tax. With respect to urban land, however, general observation seems to confirm the classical principle of incidence,^ probably because of the great demand and the active competition for particular sites and because of the impersonal relation- ship that exists for the most part in cities between land- lord and tenant. In the generally accepted theory of the incidence of taxation on buildings and other improvements, is to be found the ground for advocating the exemption of improve- ments from taxation. Buildings and improvements are capital, reproducible and subject to decay. The value of reproducible commodities is held to approximate their cost of production. In the long run, therefore, a tax on build- ings will tend to be shifted to the occupier.* The conse- quences of this theory will be further discussed in the fol- lowing chapter. Here, it may be questioned whether the incidence of the tax on land and building respectively can be so nicely determined as the above statement of the theory suggests, or whether the two do not constitute a unit subject to a new law of incidence. The process of shifting * Cf. VerhancUungen des Vereinsfiir Sozialpolitik, Schnften des Vereins (1911), vol. cxxxviii, pp. 45-46, and elsewhere. Pari. Debates (1909), vol. ix, p. 415; vol. xi, pp. 1147 Jf. Cf. Verhandlungen des Vereinsfiir Sozialpolitik (1911) p. 46. * Two conditions limit the application of this principle, namely, when the tax is imposed uniformly on all kinds of capital, and in the case of old buildings, when the owner may have to bear the tax. THE TAX IN ITS FISCAL ASPECT Sll an additional tax on buildings, for example, assumes a readjustment in the demand and supply of houses. That is, fewer new dwellings would be built until the rentals ad- vanced sufficiently to cover the tax burden. The remission of the tax would similarly cause a readjustment in the demand and supply resulting in reduced rentals. Other factors enter, however, to complicate the problem of in- cidence, because the tax on land value may raise the tax on land, synchronously with the remission of the tax on build- ings. To elucidate some of the frictional factors arising from this twofold change in taxation, its probable effects on building operations must be discussed. 5. The recent developments in the economic theory revolving about the effects of the taxation of land value, called forth by the Single Tax agitation, are notable. It used to be consistent with sound theory to believe on the one hand that the remission of the tax from buildings, as from any reproducible good, would act as an incentive to their production; on the other, that the expectation of rising land value and of landownership was responsible for the development of new countries and new communities. Now, once we recognize that building too is inevitably bound up with land-value increments and landownership, and that, as Professor A. S. Johnson believes,^ the latter are incentives to building operations, the antagonistic tendencies arising from the untaxing of buildings and from the appropriation of the value increment become apparent. Before attempting to determine which tendency will be the stronger, it is necessary to point out the refutation on theoretical grounds of the doctrine that the owner is in- duced to build by the prospect of the future rise in land value. Dr. Anderson ^ has shown by a mathematical illus- ^ Cf. " The Case Against the Single Tax," in Atlaniic Monthly, January, 1914, p. 36. * Anderson, " ' Unearned Increments,' Land Taxes, and the Building Trade," in Quarterly Journal of Economica, vol. xxvni, pp. 811 ff. 812 THE TAXATION OF LAND VALUE tration, on the principle that earnings in all lines of indus- try tend to become equalized, that the increment is an irrelevant factor in the determination to build. Whether his exposition accords with the facts or not, it would seem that in general the speculative character of the "un- earned increment" would scarcely be conducive to build- ing that was not capable of a return on the whole ground rent and interest on the investment. A distinction must be made between the ordinary investor in real estate and the speculator. The investor in urban property expects an an- nual income on his investments. The anticipated incre- ment may make a smaller annual return satisfactory to the investor. This may also account for the fact that the de- terioration of the building is often not amortised, and for the fact that the mortgagee often counts on the incre- ment in making the loan. ^ But it seems clear that the in- fluence of the future value increment can affect the rate of income only in communities where land values are based on actual rentals and where the rate of increment is con- stant and reflected from time to time in the higher rents. The investor in farm land, on the other hand, is the farmer himself, who is willing to forego an immediate re- turn from his improvements, because of the prospective value increments. 2 It is otherwise with the speculator, including the " land- poor" owner as well as the capitalist operator. Now in case of land not yet ripe for building, where the increment is more or less remote and speculative, an owner unable to pay the carrying charges on the land, i.e., taxes and special ^ In the instance cited by Dr. Haig to show that realty operations also are financed on the expectation of the increment, it will be noted that it is a steady annual increment founded on the increase of the earning power of the land in New York City. Cf. " The Effects of Increment Taxes upon Building Operations," in Quarterly Journal of Economics, vol. xxix, p. 831. * It is interesting to point out in this connection that the money invest- ment in the land by the pioneer, or the promoter of a new town is almost nil; hence his readiness to wait a long time for the inevitable increments. THE TAX IN ITS FISCAL ASPECT SIS assessments, might be tempted to build even when the ren- tal did not promise a greater return than the interest on his borrowed capital,^ and the carrying charges on the land. But such operations would be confined necessarily to outlying districts and new communities, and even there their scope would be limited. For the borrowing power of the "land-poor" builder, where the rise in value is re- mote is very much limited, and the rate of interest higher. The best proof, on the other hand, that the speculator with means is not induced to build prematurely is the large number of vacant lots in every city, and the large expanse of uncultivated rural land in the hands of ab- sentee owners. And are they not deterred from building prematurely by the fact also that the low income would be a convincing proof to them, and to their creditors, of the true low value of their property? The importance of this psychological factor is seen in the usual practice of land- lords to allow their apartments to stand vacant, or to offer "concessions" to the renter, rather than to accept a lower rental. It is scarcely credible that, taking any city as a whole, building operations could be based on the whims of speculators, rather than on actual values. Altogether then, whether he builds on leased ground, on ground which is not rising in value, or on ground which does promise an incre- ment, the landlord "must extort from his tenants rental covering both the ground rent and interest on the invest- ment." 2 Now, grant that the development of a new coimtry and that premature building, e.g., the "pay tax" kind of structures in Western Canada,' are attributable to the ^ Disregarding the depreciation of the building to be covered by the anticipated " unearned increment." * That there could be a difference in rentals according as the builder is the owner or lessee, if it does not invalidate the argument, at least shows that the number of operations that do not cover interest on the land in- vestment can be but exceptional. Cf. Johnson, (yp. cit. * Haig, Exemption of Improvements from Taxation in Canada and the United States, p. 47. 814 THE TAXATION OF LAND VALUE anticipated increment. They are not, however, the basis of our present agricultural progress or urban development, any more than speculation in stocks and produce, which assist general production and distribution, is the cause of the progress of the latter. The more than two million tenant farmers in this country, an ever-increasing class, not to mention the farm laborers, contradict the alleged eflBcacy of the "unearned increment" to preserve our agri- cultural population and progress.^ So does the widespread leasing system in England discredit the potency of the "unearned increment" as the incentive to building opera- tions. If, then, the cases where premature building is in- duced by rising land value are limited to the "land-poor" owners, the effect of the tax on land value on them, it has been pointed out,^ will be a twofold one. First, as an in- crease in the annual burden on the land, the tax will have the tendency to induce early building; secondly, as an appropriation of more of the prospective increments, it will discourage building. Now, turning to the influence of the untaxing of im- provements on the building trade, the effect, it is generally held, would be to stimulate building. But in so far as this tendency would result merely from the exemption of one form of capital now disproportionately burdened by taxation, the stimulation would cease with the equaliza- tion of the rates of profit in competitive industries. Should, however, the demand for new buildings increase through other causes,^ the building trade will continue active. After these theoretical considerations, we may inquire whether the study of the tax does not elucidate the prob- lem. Briefly, if it has been difficult or impossible to trace the great building activity in the Australasian and Cana- ^ Cf. Johnson, oj). cit., p. 34. * Haig, in Quarterly Journal oj Economics, vol. xxix, p. 838. Cf. supra, 4, p. 311. THE TAX IN ITS FISCAL ASPECT S15 dian municipalities to the operation of the land tax, it can be said with confidence nevertheless, that no evidence of a restriction of building operations appeared anywhere. Nor could the inactivity in the building trade which followed the enactment of the land-value duties in England, and of the imperial increment tax in Germany, be charged to the tax on the "unearned increment." ^ 6. The principle of "amortization" rests on the as- sumption that the land tax is not shifted. The argument runs as follows : Since the value of the land represents the capitalized annual net rental actually accruing or antici- pated, and since the tax on this rental cannot be shifted to the tenant, the value of the land when the tax is imposed is reduced by the capitalized value of the tax. Therefore, the proprietor in possession, when the tax is levied, alone pays the tax, as is evident from the reduction in the selling value of his property. When the tax is thus capitalized, or "amortized," the purchaser of the land subsequent to the imposition of the tax is in reality exempt from its payment. The process of "amortization " applies to the land tax in so far as the latter is an exclusive tax, i.e., not levied on other forms of capital, or income. The facility of capi- talizing the tax depends upon the certainty of the levy, that is, the constancy of the rate of tax and of the assessed value. Provided the amount of the tax can be coimted upon, the purchaser will deduct its capitalized value, for he will not pay more for the property than the capitalized value of the anticipated net rental. The fact that land falls in value on the imposition of a tax, therefore, corroborates the principle of incidence of a tax on land value. Theoreti- cally the value of the improvements will not fall, for their value equals the cost of their production and it would seem as if their value could not fall below their cost. In other words, the tax on improvements is shifted to the tenant. Practically, however, especially when the structures are * Cf. chapters iv and v. 316 THE TAXATION OF LAND VALUE old, the tax may affect their value. At any rate it is dif- ficult to measure or trace the exact decline in the value of improvements in case of an imposition of a new tax on real estate. In our American cities, with the general property tax, under which most forms of wealth except real property practically escape taxation, the "amortization" process is not only theoretically possible, but is the estabUshed pro- cedure. In purchasing property every one takes into ac- count the amount of taxes, deducting their capitalized value from the value of the capitalized rental of the prop- erty. Theoretically, then, the tax is no burden on the land owner who has purchased subsequent to the imposition of the tax. In this country, indeed, where the rate of tax is more or less constant the land tax essentially ceases to be a tax at all. The ease and certainty of this kind of taxa- tion accords well, indeed, with American individualism, respect for private property, and general distaste for pay- ing taxes. The "amortization" process may well be an ex- planation not only of the absence of full-value and uniform assessment, and of the general undervaluation of real estate, but also of the popularity of the real property tax in this country, as compared with other taxes. ^ Whatever makes the ascertainment and computation of the untaxed value of the land difficult, checks or frustrates this process of "amortization." Not that the expectation of a tax will not always affect the value of the property, but by keeping the assessment at the actual value by fre- quent valuations, by graduating the scale of rates, by tax- ing the value increment, the landowner will at least be made to share the income from his value increment with the government to a greater degree than at present. Take, * This is illustrated by the diflBculties encountered with legislatures in revising the statutes to j)ermit of a full-value assessment, in spite of the advantages it may have industrially in lowering the rate of tax, and broadening the basis for public loan purposes. A readjustment of values gives rise to apprehension among landlords. See infra, chapter x. THE TAX IN ITS FISCAL ASPECT 817 for example, the progressive urban communities where land tends to appreciate in value, as in western Canada, and where the untaxed value of the land one year may not rep- resent the net value the following year. Again, by intro- ducing a progressive scale of rates, how shall the purchaser estimate the capitalized value of the tax with any degree of accuracy? Even more does the tax on value increment de- feat the process of "amortization" of the tax; for as the owner is taxed, not on the selling value, but on the profit or surplus likely to accrue in the future, the untaxed value of the land cannot be foretold. The amount by which such a tax may reduce the value of land becomes entirely specu- lative. Indeed, as the interest of both speculator and tax- ing authority is the same, namely, that the land appreciate in value, the value-increment tax may not have a severely depreciating influence on the value of the land at all. At any rate, the objection by some that the real property tax is no tax whatever because it is "amortized," does not apply so much to the tax on land value, especially to the value-increment form of the tax. 7. The question whether the capital value, i.e., the capitalized net income, or whether the net income of the land (not deducting taxes) should be made the base of tax- ation is unimportant as regards the slight tax on land value at present in operation. Inasmuch, however, as critics of the Single Tax have pointed out the futility of attempting to raise revenue by a tax on the capital value of land and have employed the argument also against the proposal of land-value taxation,^ it is necessary to analyze the point at issue. As a fiscal policy taxation on the capital value of land may be regarded as a paradoxical proposal, for by taxing land value you destroy the value by the amount of the tax capitalized. If, as has been pointed out,^ the mar- * For example, see E. R. A. Seligman, in The Survey, March, 7, 1914, p. 701. ' Mr. Pleydell, Secretary of the International Conference on State and S18 THE TAXATION OF LAND VALUE ket value declines by reason of the tax, there will be less and less to tax as the rate increases. For example, suppose the annual tax on land is two and one-half per cent. The market value of a parcel of ground yielding an income of $50 was before the levy of the tax $1000,^ and after the im- position only $666|.2 Instead of yielding a tax of $25 on $1000, the tax on $666 is only $16.66f , from the stand- point of revenue a loss of about $8. Indeed, if the rate of tax were sufficiently increased, in accordance with the Single Tax proposal, the very purpose of the tax would be frustrated. Thus, were the rate fixed at five per cent, and were the capital value to remain the base of the tax, there would be no value to tax, the capitalized tax having ab- sorbed or destroyed all the income. The significant thing, however, is that all this time the rental remains undis- turbed. In view of this situation it has been proposed ^ that the annual rental rather than the selling value (the untaxed value) be made the basis of assessment. Or, if ad valorem Local Taxation says: "I was rather surprised to hear the advocates of Single Tax speak in the same breath of taxing the unearned increment by taxing a certain amount out of the value of land at the time of sale. All attempts to deal with selling values in this way are dealing with what in one sense is legal fiction. The only reason land has value at all is that you can get a certain rental out of it. If you keep people from collecting rents you destroy values. Now, how are you going to tax the unearned incre- ment which disapi>ears wherever you increase a tax on the rental value is a problem I have not yet been able to understand. It is interesting to see how that would work out. A man pays a certain amount of money for his land based upon the estimated net return, but if he is deprived of a certain amount of his net return by an increase in the annual tax, the land will have its selling value reduced. The intricacies would amuse one," etc. Quoted by Marsh, Taxation of Land Values in American Cities, p. 49. ^ At five per cent. ' Because two and one-half per cent of $6663, capitalized, plus the net value $666j, make up the $1000 original value. * See Davenport, " The Single Tax in the English Budget," in Quar- terly Journal of Economics (1910), vol. xxiv, pp. 283 jf. Also Pleydell, "The Incidence of Taxation," in First Conference on Stale and Local Taxation" (1907), p. 432. THE TAX IN ITS FISCAL ASPECT S19 taxation is preferred, that the actual or anticipated rental be capitaHzed for purposes of taxation. From the stand- point of the proprietor certainly the change is of no conse- quence. Whether you tax the market value or the rental his net income will remain practically unaltered. From the point of view of fiscal poUcy, however, the change is im- portant. Since, according to theory, the rent remains un- affected by the tax on land value, the government can always appropriate a portion of this economic rent by taxation, irrespective of market conditions. For practical purposes, however important these sug- gestions may be for the Single Tax policy, the tax on land value may continue to be levied on the selling value with- out loss to the government. So long as confiscation is not proposed, through the regulation of the rate of tax the state can appropriate whatever share of land value it de- crees by taxing the selling value. More practical difficulties may be raised when the as- sessment is reduced by the decHne in the value of the land. For, if a law exist limiting the rate of tax in the municipal- ity, or if, as is customary, the amount of municipal indebt- edness is restricted legally by the amount of the assessment of real property, the exemption of improvements, or any other cause of restricting the base of revenue, may neces- sitate a change in the statute. This is again a matter of ad- ministration, necessary to point out, but which does not vitiate the fiscal principle of the tax.^ Moreover, full-value assessment and the tendency of appreciating land value will counteract the restriction of the base of taxation. Another consideration important alike from the stand- point of the taxing authority and that of the taxpayer, is ^ To circumvent the constitutional diflSculties with respect to the legal limitation of the borrowing power of the city, the recent proposal for untaxing buildings in New York City retains one per cent of the value of improvements in the tax base. Thus, it is hoped, the total value of the improvements would continue to constitute part of the assessment value, by which the borrowing power of the city is limited. 320 THE TAXATION OF LAND VALUE raised by the value-increment duty. As the selling value is the basis of computing the increment, any change in that value occasioned by a change, not in income, but in the interest rate will contract or swell the taxable differential. Any fall in the rate of interest will, therefore, entail an unintentional hardship on the taxpayer; while a rise in rate will entail a loss in revenue. This diflSculty, which raises a serious objection to the levy of the value-increment tax, could be obviated by making the gross rental the basis of computation.^ 8. This fine, even subtle, distinction in method of as- sessment for administrative purposes is not to be confused with the ordinarily understood difference between taxing the capital value and the rental of land. Historically the assessment on the basis of rents paid preceded that on the basis of capital value. In fact the latter method has only recently superseded, or is superseding, the assessment of rental income. With few exceptions,'' the general assess- ment on the basis of the capital value of property is con- fined to the United States, Canada, Australasia, and (since the enactment of the land-value duties) to England. In Germany, the system of assessment "nach dem ge- meinen Wert" has only recently begun to supersede the older method. The advantages and causes of this change in method have already been reviewed.' The chief argument is that the taxation of rentals encourages the withholding of land from use. Land bought and kept undeveloped for specu- lative purposes is exempted from the tax provided no rent ^ Cf. Davenport, in Quarterly Journal of Economics (1910), vol. xxiv, pp. 28^90. * In some of the Swiss cantons, in Rome for building land, and in Hol- land for the property tax, capital value, rather than rental, is now also made the basis of assessment. Cf. Papers Bearing on Land Taxes, etc. (Cd. 4750), 1909, p. 50, and (Cd. 4845). The supplementary income tax in Prussia and some of the other states is levied on the capital value of property, while in Great Britain the death duties are so levied. See ihid. ^ See supra, chapters v and vi. THE TAX IN ITS FISCAL ASPECT 821 is yielded; therefore, speculation is fostered. In urban communities the withholding of land from use has been said to promote congestion and unsanitary housing condi- tions. Furthermore, the exemption of vacant and poorly utilized land from taxation is fiscally inexpedient, for it becomes a means of escaping taxation. When it is con- sidered also that the value of vacant land tends to appre- ciate equally, sometimes even more ^ than the improved lots, it will be admitted that the rent does not constitute a test of the taxpayer's ability to contribute, unless sup- plementary taxes are levied. For these reasons, the local authorities in England are desirous of adopting the pro- posed change from rental to capital value assessment.^ And the purpose of the undeveloped land duty in England was to correct the inequalities resulting from the older sys- tem of assessment. Similarly in Canada, the wild-land tax and the method of superassessment have been resorted to, to offset the tendency of evading taxation by keeping the land undeveloped. A word about the status of the absentee. Not all unim- proved land is owned by non-residents; yet, in many com- munities much of the vacant land is the property of ab- sentees. In the countries where vacant property is not liable to taxation, the general antipathy to the non-resi- dent is comprehensible. But where taxation on capital value is in vogue, the non-resident contributes to the reve- * For example, when a parcel of ground is sold, the building which may be out of date may be an impediment to the plans of the buyer. Thus, as the writer has been informed, the site on which the Masonic Temple is located in Chicago would be worth a great deal more if there were no building upon it. * Cf. E. Porritt, " The Struggle over the Lloyd George Budget," in Quarterly Journal of Economics (1910), vol. xxiv, p. 257. " The mansions have been on the rate books at merely nominal rental values. They have stayed at such ridiculous valuations because no one in the parishes con- cerned cared to antagonize the local feudal aristocracy by objecting to the assessments." The new system of land valuation which is being completed in England will help usher in the rating of capital value. 322 THE TAXATION OF LAND VALUE nue in proportion to the assessed value of his property. He is also liable to special assessments, and special rates for services by which he only remotely benefits. Nor, must it be overlooked that he has no voice in the enactment of measures pertaining to taxes and expenditures. The ex- planation of the discriminatory legislation against the ab- sentee-owner lies in local conditions. Thus, in Canada, it is the enormous increments that accrue to the absentee, through the efforts of the settler in building up the com- munity, that breed the spirit of opposition and discrimina- tion. Then, it will be remembered that the Hudson's Bay Company is classed with the absentees. And lastly, in many towns half or more than half the area may be owned by such a company, or other absentees, pre- venting the closer settlement and the growth of the com- munity. 9. It is necessary next to test the tax on land value by the canons of taxation laid down by fiscal authorities. Those canons are justice, economy, and fiiscal adequacy. To be just a tax must be equal, universal, uniform ; to be economical, it must accord with the criteria of certainty and convenience; to be fiscally adequate it must be pro- ductive and elastic.^ There is no tax in our complex sys- tem, however, which does not practically, if not theoreti- cally, sin against these canons, especially those requiring equality and universality.^ Whether you make your stand- ard of justice fit the "benefit" or the "faculty" theory, a great deal of ingenuity must be employed to prove existent taxes in harmony with the criteria of justice. The fact is, as one writer has well expressed it, "expediency, not logic, * Cf. Eheberg, Finanztoissenschaft, p. 165. ' We are aware that fiscal authorities have reconciled even the inheri- tance and corporation taxes with the canons of taxation. See Seligman, Essays in Taxation (1913), pp. 126 Jf., for a justification of the inheritance taxes according to equity. However ingenious such proof of the consis- tency of the inheritance tax with the faculty theory may be, its adoption was more a matter of fiscal expediency than of adherence to doctrine. THE TAX IN ITS FISCAL ASPECT 823 governs taxation." ^ So long as the ideal, a single tax, if such exist, is found impracticable, and it is necessary to have a multiple system in the hope that the inequalities of the respective taxes will offset one another,^ the justifica- tion of a subsidiary tax on the basis of justice will be prac- tically futile. Now, the tax on land value is not only a subsidiary, but it is a discriminatory tax. But there is need of subsidiary taxes, and like the corporation, inheritance, business, and other imposts, the tax on land value may be made to per- form a valuable function, wherever it is found expedient. As to its discriminatory character, all subsidiary taxes are discriminatory. Like the corporation tax, for example, the tax on land value is class legislation, an attempt of the dominant party to place an extra burden on the land- owners. The excuse of course is that this particular group or class fails to contribute to the public budget in propor- tion to its ability.' In calling the tax confiscatory, the opponents of the tax forget that all taxation is essentially confiscatory. A tax is no voluntary contribution, it will be recalled; it is "a compulsory contribution from the person to the govern- ment to defray the expenses incurred in the common interest of all, without reference to special benefits con- * Firtt Naiional Conference on State and Local Taxation (1907), p. 219. ' Thus Cossa said, "by means of their variety rendering the burden less oppressive to the taxpayers." Premiers Eliments de la Science des Finances, p. 108. * It is possible to argue that the landlord is better able to pay this extra charge because of his particular position of special privilege and because the growth of the community enhances the value of his land, so that his income is augmented over and above the interest on his invest- ment. "Is it too much, is it unfair, is it inequitable, that Parliament should demand a special contribution from these fortunate owners to- wards the defense of the country and the social needs of the unfortunate in the community, whose efforts have so materially contributed to the opulence which they are enjoying." From Lloyd George's Budget Speech, Pari. Debates (1909), vol. iv, p. 536. S24 THE TAXATION OF LAND VALUE ferred." ^ Strictly speaking, every tax is an infringement of the individual's property rights, therefore.^ But there is common agreement that the rights of the individual are subordinate to the will of society. Society has the power and, therefore, the right to single out one social group and place a special impost upon it, provided such action is proved expedient.^ 10. What, then, constitutes expediency in taxation? The effects of the levy of a tax are far-reaching. Professor Ely's ^ words are still valid: "Taxation may create monop- olies, or it may prevent them; it may diffuse wealth or con- centrate it; it may promote liberty and equality of rights, or it may tend to the establishment of tyranny and des- potism; it may be used to bring about reforms, or "foster dissension and hatred between classes. . ." The impor- tance of choosing the most suitable object for taxation is thus made evident. If, then, besides satisfying the eco- nomic and fiscal canons, a tax is no more discriminatory and confiscatory than the other existent imposts, and, further- more, does not create monopoly, concentrate wealth, pro- mote tyranny and social conflict, it is to be accounted expedient. Before discussing the expediency of the tax on land value as judged from its operation, it is necessary to point out a serious objection to its levy. The tax on land value, it is claimed, is merely a pretext for the confiscation of property for the purpose of promoting some social or economic re- form; in reality it is no tax at all. It has been questioned whether the government should exercise its taxing power ^ Seligman, Essays in Taxation (1913), p. 432. ' Cf. First National Conference on State and Local Taxation (1907), p. 214. Those who protest against the introduction of a tax on the ground that one class is discriminated against overlook the gross inequalities tolerated under the present system of taxation. * To a great extent legislation, when proved expedient, has had to be reconciled to the standards of right and justice, or has even modified the latter. * Taxation in American States and Ciiiea (1888), p. 65. THE TAX IN ITS FISCAL ASPECT 325 for other than fiscal purposes, i.e., to secure an adequate revenue. Since Professor Adolf Wagner promulgated his "socio- political" theory of taxation, this question has aroused considerable controversy. But as regards many a contested theory, the opponents are nearer agreement than they will admit. Professor Seligman denies Wagner's thesis that taxation " is something more than a means of raising reve- nue, that it is also a means of correcting the distribution of wealth which results from competition." ^ Yet Professor Seligman reaches the same conclusion through reconstruct- ing the conception of justice.'' In setting up this socio- political point of view, Wagner was merely interpreting the new basis of justice, the socio-political versus the eight- eenth-century competitive and individualistic basis. And that is what Seligman has done in constructing the " Social Theory of Finance." ' Where shall the line be drawn be- tween the socio-political theory stated in Wagner's own words above and the admission that the government should be able "to utilize the taxing power as a political or social engine?"* Nothing, indeed, shows this socio- political tendency more than progressive taxation and the English income tax, which distinguishes earned from un- earned income. These may be explained on the assump- tion that they measure better the ability of the taxpayer than the proportional or ordinary income taxes. On this basis, however, the tax on land value can similarly be defended, for the profits accruing from land ownership can bear a heavier tax with less sacrifice on the part of the owner, it may be argued, than can earnings of labor. Nevertheless, in this age when, it will be agreed, wealth ' Lehr- und Handbuch der Pditischen Oekonomie : Finanzwissenschaft, vol. n, bk. V, chap. 3, 159. * Seligman, " Progressive Taxation," American Economic Association Quarterly, vol. ix, pp. 130-31, and his practical admission of the stand- point in Essays in Taxation, pp. 316-17. im., p. 342. * lUd., p. 78. 326 THE TAXATION OF LAND VALUE is being accumulated because of special privilege, as shown, for example, in the monopolistic control of industry, and when the laboring class is assuming greater power, the tendency of all legislation, including fiscal, to keep in view a more equitable distribution of wealth is inevitable. The extent to which the tax on land value has been in- stituted as a reform measure, rather than as a source of revenue varies with its several forms. As has been dis- cussed in the preceding chapters, the municipal land taxes in Canada and Australasia are purely fiscal in char- acter. It will be recalled that in these cases the tax is a direct, proportional levy. Theoretically, this is explainable on the ground that for local purposes benefit, rather than faculty,^ is the criterion of taxation; and that the degree of benefit to the individuals cannot be measured accord- ing to a graduated scale. Practically, it may be explained by the fact that the ratepayers are the voters, that in the above-mentioned communities opportunities are equal, and that the progressive tax is discriminatory, and would upset the stability of land values, the chief source of pros- perity and income. In other words, the tax has no other purpose than to make every landowner pay toward the expenditures of government in proportion to the value of his land. In a way, then, the progressive and value-increment taxes disclose the purpose of their levy. For the disinte- gration of large estates, indeed, the graduated scale is more effective than the proportional tax would be. So also, when the rate of tax in Germany varies with the length of owner- ship and condition of the land, the social purpose is clearly manifested. The EngUsh land duties, however, are an exception, for, although the predominant motive was non- fiscal, the rates of tax are proportional, not progressive. Either to avoid the additional complexity which the pro- ^ Seligman, " Progressive Taxation in Theory and Practice," American Economic Association Quarterly, vol. ix, p. 301. THE TAX IN ITS FISCAL ASPECT 327 gressive scale of rates must occasion, or, what is more likely, to avoid the more strenuous opposition that would have been aroused by a departure from the traditional adherence to proportional land taxes, Lloyd George and his party con- tented themselves with proportional duties on land value. ^ 11. There remains, then, by far the most important question, the fiscal expediency of the tax on land value. First, as to its productiveness. At the present rate of taxa- tion, the conclusion from the data in the preceding chapters must be that the tax for state or federal purposes can sup- plement the sources of revenue but meagerly. Further- more, the duties on increment, on undeveloped land, and on mineral rights are inelastic sources of revenue. Not only is the base of the tax limited, but the yield cannot be regu- lated. Fiscally, therefore, the value-increment duty and the other imperial duties are unimportant imposts. For local purposes, on the other hand, when all land is sub- ject to a direct, proportional levy, the tax is not only pro- ductive but elastic. The experience with the tax in the Australasian and Canadian municipalities is evidence of this. Wherever the value of the land tends to increase enormously, so that the rate of tax can remain moderate, the yield of the tax on land value can be regulated so as to supply not only the major portion, but even the entire local revenue. The recent depression in Canada has not necessitated a change in the system even in "Single Tax" communities, but it is doubtful whether an additional source of income would not have facilitated the collection of revenue and relieved somewhat the landowners already hard hit by the collapse of land values. This would apply more strongly to older communities, where landowners constitute a small proportion of the population, and where landed property is not the chief source of wealth. The * Instead of adopting the progressive scale as in Germany, the average rate of the increment duty in England, however, was made higher than under the German system. 828 THE TAXATION OF LAND VALUE fiscal expediency of the new system will vary with the con- ditions in the different cities; but the following facts must be borne in mind; that even today (l)the tax on real estate suflBces for nearly the entire budget of numerous munici- palities and partly also for state purposes; (2) full- value assessment is practically unknown; (3) the value of im- provements does not increase so rapidly as that of the land. Secondly, the convenience and certainty of the levy on land value compare favorably with other imposts. No ar- guments need be brought forth to substantiate this fact, but it is necessary to point out a few cases of economic hardship or inconvenience. In England, where taxation on capital value was practically unknown, attention has been called to the injustice or inconvenience of taxing the person who is in receipt of no income out of which to pay, as under the undeveloped-land duty.^ Likewise, we have heard often of the hardship the tax would impose upon the widow, owner of her own old home. So also the owner of land whose value has depreciated has been commiserated. Again, it may be feared that the local option, where the tax on land value is in force at the option of municipaUties, may en- danger industry through the rivalry which exists between cities. Hardship has also been incurred by the retroactive feature of the "Zuwachssteuer" in Germany. It must be replied, however, that such instances of inconvenience and hardship can be cited in the case of almost every tax.^ Of course in communities of rapidly rising land value, the land tax of a few per cent of the land value is easily dis- counted and is scarcely felt. The best proof that the tax is not oppressive in new countries is furnished in the adop- tion of the proportional form of the impost by such demo- Cf. Pari. Debates (1909), vol. xii, p. 516. Not to mention the hardship of the excise and import taxes on the poorest classes, the widow's case cited above is probably no worse than that of the German wage-earner who out of his 900 marks annual income pays a tax to the state. THE TAX IN ITS FISCAL ASPECT 829 eratic and virgin communities as in Australasia and in western Canada. In these cases, the "leveling" factor, the use of the tax to right a social evil, moreover, played little or scarcely any part. As regards the other forms of the tax, the exemption of a minimum increment under the value- increment duty shields the less fortunate landowner from the burden. It will be remembered also that the retroac- tive feature of the "Zuwachssteuer," however inconsist- ent with our standards of justice, was upheld by the courts. It is improbable that the tax would have been upheld, if, besides being unprecedented, it were oppressive. This illustrates, indeed, how local conditions may influence the criterion of justice, how expediency overrides abstract principle. Thirdly, in considering the discriminatory feature of the tax on land value, the local tax must be again differentiated from the imperial and state taxes. As subsidiary sources of revenue the latter are no more discriminatory than the corporation, inheritance, business, or even realty taxes. But, when the tax on land value is made the only tax, the expediency of exempting all other income from taxation even for local purposes may be questioned. The fact is, however, that setting against the apparent inequality created by the exemption of other than the landowning class from taxation the comparative difficulty of assess- ment and collection of other imposts, and considering, too, that the value of the land depends so much upon the public expenditure, the apparent injustice dwindles. Especially is this true where the land constitutes the chief source of wealth and income, as in the new communities where the land tax is now in operation as the only source of public revenue, and where the municipality itself, given the op- tion, wills to exempt wage-earners and the capital invested in industry from taxation. In that case only the non-resi- dent landowner is discriminated against, and has cause to complain. SSO THE TAXATION OF LAND VALUE Fourthly, it is evident both from the discussion of the un- derlying principles and from the operation of the tax, that it does not create a monopoly, nor concentrate wealth, nor promote tyranny, nor foster social conflict. The fact is that by this tax the community shares a little more of the value increment which accrues to the landowner than before. 12. Aside from the above considerations, there is an- other criterion of expediency by which the tax must be tested, namely, the facility of its administration. In gen- eral, the prevalence of the realty tax is due to the compara- tive ease with which land and other real property can be assessed. Since an early period, the "cadastral" system of assessment has served a useful purpose. Not only for tax purposes, but for statistical, juridical,^ political, and mili- tary purposes, the "Domesday Book" was of invaluable assistance to the government. In modern times, however, an extensive system of accurate valuation and registration of the land by the central government, so far as we know, exists nowhere. The reason is that such a valuation is very expensive and subject to change because of the frequent fluctuations in the value of the land. One of the results of the tax reforms in England has been to necessitate just such an extensive system, and the valuation of all the land in Great Britain is now under way. It is difficult to say whether in England the fear of the tax on land value had for a long time prevented an accurate and separate assessment of the land and improvements respectively, or whether the accurate and separate assess- ment was feared as a consequence of the imperial land value duties. 2 At any rate, the most effective argument perhaps against the adoption of rating on land value and the argu- ment which delayed its introduction in England, has been ^ Namely, to guide the court in the division and adjustment of the estates of the deceased. * That is, the increment and undeveloped land duties were opposed, because the latter at least would necessitate a valuation which might lead to the adoption of rating on land value. THE TAX IN ITS FISCAL ASPECT 831 the practical difficulty in the way of an accurate valuation of the site. Although some experts had declared such valua- tion practicable, public opinion generally opposed what was called a hypothetical valuation. Under the theoretical assumption that the tax on land value should fall on eco- nomic rent, and that, therefore, it was necessary to take ac- count of all the capital ever sunk into the soil which might have affected the present value of the site, every one will readily admit the hypothetical character of such a valua- tion. The ascertainment of the exact "location" rental is an impossibility. Professor Seligman makes this clear in the following passage: ^ "Now, it is manifestly not so easy to assess the land values that is, the bare value of the land irrespective of all improvements as it is to assess the selling value of a piece of real estate. For instance, an acre of agricultural land near a large town may be worth $200; but if used for truck-farming, considerably more than $200 may have been expended on it during the last cen- tury or two. Who can tell how much of the $200 present value is the value of the bare land and how much is to be assigned to the labor expended? Under the present method we have at least a definite test the selling value; under the new method we should have no test at all. There is every likelihood, therefore, that the difficulties of the pres- ent situation would be intensified." If every reform had to be rejected on account of some theoretical objection little progress would be made. In the case of valuation, the experience in this country with sepa- rate valuations for land and improvements has demon- strated the practicability as well as the usefulness of the system. In fact, the theoretical objection seems unwar- ranted in the present advance made toward the more scien- tific valuation of land. Even admitting that improvements made a century or two ago have had an influence on the present value of agricultural and even urban land, that * Essays in Taxation (1913), p. 77. 8S2 THE TAXATION OF LAND VALUE influence could be only slight on land whose value is due almost entirely to the growth of population. As for im- provements made on land in recent years, their cost, in so far as they add to the value of the property, is deducted from the value of the site, and this suffices for all practical purposes. One of the important effects of the adoption of the tax on land value will be the development of expert and more accurate, or even scientific, methods of valuation of the land separated from the improvements upon it.^ This is because the system of taxing land value exempts improve- ments from taxation and requires fuU value assessments. But irrespective of this tax, considerable progress has al- ready been made toward accurate valuation. So far as we have been able to ascertain, the best experiments toward a scientific method to displace the crude assessments based on estimate, have been worked out in a few American cities, for example. New York, Newark, Cleveland, etc.'^ In the United States, with the development of the assessment on capital value, some systematic method of valuation was inevitable. It is being realized that not only to avoid the present bickering between the county, state, and city au- thorities and to do away with the inequalities arising from imderassessment, but for business purposes as well, full value assessment is necessary. As some one has pointed out, "if a person is seeking investment for capital he will not ask you what the standard of value is but what is the rate of taxation." ^ And by assessing property at its full value a reduction in rate is made possible. Moreover, such ^ The agitation of the Single Taxers for a scientific valuation of the land and improvements and for full-value assessment has been especially influential and promises to eradicate some of the gross inequalities grow- ing out of imdervaluation. ' Montreal also is now experimenting with the new method. Cf. Re- port of Assessment Department, City of Montreal (1913), pp. 11-15. Cf. also infra, chapter x. * International Conference on State and Local Taxation (1909), p. 348. THE TAX IN ITS FISCAL ASPECT 333 an assessment broadens the base on which the municipal loans may be contracted. It is furthermore being recognized that to attain accuracy in assessment it is necessary to determine the value of the land and of the improvements separately.^ The system of separate assessment is almost universal in the Australasian colonies and in Canada and is becoming so for England, Ireland, and Scotland. In this country only Indiana, Mon- tana, North Dakota, Wisconsin, New York, and California provide for separate Usting of land and improvements. It is also practiced in a number of American cities in other states.^ The application of the more or less scientific prin- ciples, which have been evolved, to the ascertainment of the value of the site, is as yet confined to less than a dozen cities in the United States.' 13. How does a scientific method of valuation differ from the present method? In general the assessment of property is now based on an estimate, for which there is more or less warrant, depending largely on the experience of the assessor, the time he can devote to this office, and on the political and personal influences at work. The assessor is guided by the selling price of land, by the rental, and by the assessment returns of the property owner. An expert, scientific valuation, on the other hand, must be based on certain principles of value which will assure uniformity and accuracy, and which will eliminate wholly the influence of personal and political considerations. The possibility of finding a more accurate value than the selling price may * Such was the opinion of some of the expert valuers who testified before the different British Select Committees {cf. supra, chapter v), and such is the practice of realty appraisers in the United States. See also Webb, Valuation of Real Estate, p. 6. * National Conference on State and Local Taxation (1907), pp. 131 ff. The following cities, besides those using the Somers system of valuation, also list the value of improvements and site separately: Washington, and the cities of New Jersey and Massachusetts. Cf. Report of Commissioners of Taxes and Assessments of the City of New York (1913), p. 120. See infra, 13-15. 834 THE TAXATION OF LAND VALUE well be questioned. Indeed, if the selling price of every plot of land could always be had the difficulty of valuation would largely disappear. What is actually done is to com- pare the dififerent lots on a block, for example, with one whose selling price happens to be known. It is the basis of this comparison that has been systematized and made scientific. What a scientific valuation of real property comprises is summarized in the following resolution which was adopted unanimously at the conference of the International Tax Association in 1911; ^ Resolved, that as steps towards an equitable and scientific as- sessment of real estate we earnestly recommend : that the method of assessment in rem be extended to all districts in all states; the preparation and use of tax maps in each taxing district; the sepa- rate assessment of land and buildings; and the use of standard units of measurement as a basis of valuation for both land and buildings to assist the assessor in the exercise of his judgment, such standards of value to be determined for each locality by its officials with the greatest possible cooperation of its citizens, hav- ing due regard to local conditions. First, then, the valuation must be impersonal, in rem, not in personam;^ only those factors that influence the value of the site, irrespective of the owner's particular cir- cumstances, irrespective also of the influence of the improv- ments on the site, must be taken account of by the assessor. Secondly, the essential apparatus for the valuation is a tax map. These maps "shall show the area, dimensions, and locations of the real property, and the various subdivisions of ownership." The maps shall be used alike in assessing city and country real estate, mining and forest land. In each case, however, the construction of the map will vary > International Conference on State and Local Taxation (1911), p. 25. * The assessment in rem does not take the owner into account, as it were, but only the real estate. It is an assessment of real estate geo- graphically located, not in alphabetical order according to owner. Cf. Seligman, Essays in Taxation (1918), pp. 325-26. THE TAX IN ITS FISCAL ASPECT S35 according to the unit of measurement. Thus, the lot or block system for urban land is inapplicable for farm land, for which the acre constitutes a more appropriate unit.^ Tax maps have been in use in the city of Newark, New Jersey, for forty years, in Milwaukee, Wisconsin, for nearly twenty years, in the Province of Quebec for even a longer period. 2 In 1907, a "timber cruise" was inaugurated in King County, Washington; maps were then employed which are expected to form an accurate basis for all future valuations.^ Thirdly, the separate valuation of land and buildings is necessary, because the causes of their value are different. Fourthly, the selection of a unit of measurement and of a table to compute the relative values of other tracts of land is requisite to an efficient valuation. The two well- known systems for computing relative values for urban real estate assessment are the Hoffman-Neill Rule and the Somers system.* 14. The function of the table employed to compute the relative values of different shapes and sizes of land is more important for assessment purposes than even the ascer- tainment of the accurate value of the unit, for it secures uniformity and equality in assessment; and uniformity and equality even exceed in importance the search after ab- solutely accurate values. The "Hoffman-Neill Rule"^ is * L. G. Powers has classified non-urban land into eight kinds for assess- ment purposes: (1) acres under cultivation, or being used for meadows; (2) land not under cultivation, but capable of being plowed; (3) land covered with a heavy growth of timber; (4) with orchards; and (5) acres properly classed as waste land because incapable of cultivation or of growing timber; (6) the number of acres of mineral land; (7) of quarry land; (8) land valuable by reason of oil, gas or other deposits. Interna- tional Conference on State and Local Taxation (1909), p. 326. * Ibid. (1911), pp. 347-48. * It is interesting incidentally that the "cruise" cost $70,000, lasted a year, but resulted in an increased valuation of the timber land in the county of over $12,000,000., ibid. (1909), pp. 335-36. * For other rules see Manual on the Methods of Assessment of Real Estate in New York City (1914). * The " Rule," first used in New York, ia known by that name because 836 THE TAXATION OF LAND VALUE a table showing the percentage of value for various depths of the unit, which is a 100-foot lot, as follows: ^ Fed Per cent Feet Per cent Feet Per cent 1 .0676 22.... .4123 53.... .6899 2 .1014 23.... .4232 54.... .6975 8 .1286 24.... .4339 55.... .7051 4 .1520 25.... .4444 56.... .7126 5 .1732 26.... .4548 67.... .7201 6 .1929 27.... .4650 58.... .1115 7 .2112 28.... .4751 59.... .7348 8 .2282 29.... .4850 60.... .7420 9 .2443 30.... .4947 61.... .7492 10 .2598 50.... .6667 98.... .9882 20 .3899 51 ... . .6745 99.... .9941 21 .4012 52.... .6822 100.... 1.0000 Having determined the value of one-foot frontage, the assessor, with the help of the above table, is able to ascertain the value of the entire lot. The following is a description of a land- value map when completed: An outline map of the city is used, subdivided into such areas as may be convenient. On each side of each street, for each block, the unit value of the normal unit is entered. Thus the relation of value on one street with values on another street is at once ap)- parent. Points showing high value will grade off towards the points showing low values, and everywhere the values on one street will interlock with the values on the next street in a way that can be seen, understood, and explained. Accuracy and pre- cision will be introduced into an assessment. The disturbing in- Judge Hoffman a half-century ago, in deciding a lawsuit before him, laid down the rule that the ordinary city lot fifty feet deep was worth two- thirds as much as an adjoining lot one hundred feet deep. Cf. Interna- tional Conference on State and Local Taxation (1911), p. 351. * Montreal has adopted the " Hoff man-Neill Rule" for determining the value of lots of a greater or less depth than one hundred feet. See Report of Assessment Department, City of Montreal (1913), pp. 12-13, where the whole table of which the above is an incomplete copy is given. See also International Conference, etc. (1911), p. 360. THE TAX IN ITS FISCAL ASPECT 8S7 fluences of abnormally high or abnormally low sales will be mini- mized, and the assessor will be doing what he ought to do; namely, exercising his judgment in assessing all lots within a given area in their relative values to one another.* The most difficult problem that the assessor encomiters under this system is the valuation of corner lots. It is ob- vious that a corner lot has more value than an inside lot. There is no standard under the Hoffman-Neill Rule, how- ever, as to hovjr much greater the value is. "All that we can at present say on this point is that the consensus of opinion appears to be that corner influence varies according to the use to which the property is put, being greatest in retail business districts, and smallest in suburban residence dis- tricts." 2 The accuracy of this new system of valuation, mechanical and hypothetical as it may seem, can be sur- mised from the fact that purchases and sales of property in New York City are based on the same scale or rule as the assessor uses.' 15. Based on the same principle, namely, that there is a mathematical relation between the values of the different city sites affected by the same influences, but with a some- what different method of computation of this relationship, the Somers system of valuation has been devised.^ This system is more complete than the Hoffman-Neill Rule, for besides the table of percentage of value of different depths of lot, Mr. Somers has worked out a scheme of valuing 1 Intemaiional Conference on State and Local Taxation (1911), p. 853. For a more detailed account of the "Rule" see Craigen, Practical Methods for Appraising Lands, Buildings, and Improvements. ' Ibid., pp. 353-54. ' In Chicago a similar plan for computing the value of urban land was worked out, but according to the Manufacturers' Appraisal Company, for whom Mr. Somers has become land valuation actuary and who have pur- chased control of his system, the Chicago plan is less scientific and less accurate. Cf. Report of Manufacturers' Appraisal Company, Analysis of the Chicago Assessors^ Plan of Computing Site Values, etc. * Somers, The Valuaiion of Real Estate for the Purpose of Taxation. See also The Somers Unit System of Realty Valuaiion (pamphlet issued by the Manufacturers' Appraisal Company). 338 THE TAXATION OF LAND VALUE corner ^ and alley lots, as well as other irregular and excep- tional shapes and sizes of land. Very noteworthy also is the method of ascertaining the value of the "unit foot." "A unit foot is a frontage of ground one foot wide and 100 feet deep, located in the central section of a block at a dis- tance from any street corner or other influence that might affect its value, other than which it obtains by reason of access to the life and business of the city through its own frontage." ^ To appraise the unit, persons with a knowl- edge of urban conditions, and of realty values are called in. Thus the system invites publicity and public interest. " There always exists in cities," says Mr. Somers,^ " a Com- munity Opinion that a certain street is the best for busi- ness and a consequent idea that land fronting thereon is the most valuable. From this most valuable street other streets of less value will be compared, a well-defined opin- ion being present that the property on the less valuable street is less valuable just in proportion as the street is less valuable, and the comparison will reach out from the cen- ter or best p>ortion and embrace the entire city. . . ." To appreciate the method of establishing the value of the unit by ** Community Opinion " we quote the following procedure in the valuation of Cleveland: "The City Ap- praisal Board of Cleveland estimates tentatively the unit values of the various streets, beginning at the Public Square and working out in every direction to the corpora- tion limits.* By means of maps and a campaign of pub- * There is much skepticism among taxing authorities as to the prin- ciple underlying Somers' tables for computing the value of comer lots. Mr. Somers keeps his process secret. * Vancil, Somers Unit System of Realty Valuation, p. 1. ' Op. cit., p. 19. * " The Board adopted the rule that property should be valued on the basis of the best use of it, i.e., a lot in the business section which was being used for residence purposes should be valued as business property. The owner and not the public, should bear the loss if the property were put to any other than its best use. Another rule followed was that thorough- fares, which were defined as the main channels of trade and travel, should be valued uniformly higher than the minor streets." THE TAX m ITS FISCAL ASPECT 839 licity in the city newspapers, these tentative valuations are scattered broadcast, and the community is invited to discuss them. At a series of pubHc meetings of the Board, section after section of the city is covered, many parts being gone over several times, until all interested persons are given ample opportunity to appear before the Board and submit evidence in favor of changing the tentative unit values. After being thoroughly debated by the public in this manner, the unit values finally agreed to by the ma- jority are regarded as representing the consensus of opin- ion. These unit values are confirmed by the Board, and are not open to further discussion." ^ When these unit values have been thus agreed upon, the individual lots are then valued in accordance with a systematic table or curve of values. Corner lots and those abutting upon the alleys, and lots near corners or alleys are appraised according to a complicated table, whose underlying principle is that the influence of corner proximity on the value of the lot ex- tends both ways from the corner, growing less as the dis- tance from the corner increases, until it disappears. In the following table the apphcation of this principle is illustrated in part merely: ^ Ratio of poorer frontage Ratio of comer lot to Ratio of second to better middle lot lot .1 1.11 .2 1.14 i.ia .8 1.17 1.03 .4 1.22 1.03 .5 1.28 1.04 .6 1.86 1.05 .7 1.48 1.06 .8 1.60 1.08 .0 1.74 1.10 1.0 1.90 1.12 * Lutz, " The Somers System of Realty Valuation," in Quarterly Jour- nal of Economics, vol. xxv, p. 174. * First National Conference on State and Local Taxation (1907), p. 132. S40 THE TAXATION OF LAND VALUE The above table shows "the ratios assumed to exist be- tween the values of the corner and second lots, and of the middle lots, where the lots are twice as long as they are broad and the corner lot has its shorter frontage on a street where the frontage is worth twice as much per foot as on the side street, these middle lots also fronting on the better street." ^ The Somers system of valuation, of which the above description is brief and inadequate, was first put into opera- tion by Mr. Somers in St. Paul, Minnesota, as early as 1896. Since then the following cities have tried the sys- tem: Columbus, Cleveland, Ohio, Philadelphia, Pennsyl- vania, Springfield, East St. Louis and Joliet, Illinois, Denver, Colorado, Houston and Beaumont, Texas. The appraisal of buildings has also been systematized. Blank forms are used for gathering the data descriptive of the structures. The basis of the valuation is the cost of reproduction of the building minus the value of the de- preciation. The cost and depreciation factors are based on the assessor's estimate, the valuation is then computed mechanically, the square foot of floor space being the unit of calculation.^ The advantages of a systematized method of assess- ment as compared with the haphazard guess-work of the prevailing system need no elaboration. More than that, the scientific, expert valuation on lines described above will exert a wholesome influence on the community socially. For example, one result would be the awakening of discussion and interest among the property owners, who will be urged and called upon to appraise the unit foot. Such participation * For the determination of lots abutting upon the alley and of irregular shap>ed lots " where a high value from one street overlaps a lower value from another street," for example, other methods are employed. See pamphlets issued by the Manufacturers' Appraisal Company. * The Somers Unit System of Realty Valuation (pamphlet issued by the Manufacturers' Appraisal Company), p. 10. See also Report of Commis' turners of Taxes and Assessments of New York (1913), pp. 136-39. THE TAX IN ITS FISCAL ASPECT S41 cannot fail to arouse public spirit and interest in one of the most essential, but shunned, fields of legislation, taxa- tion. The efficiency of the assessors and of the other tax officials will also follow; while the economic influences of the standardization of the value of real estate, upon con- tracting loans, and upon realty investment, for example, will likewise be advantageous. Moreover, the taxpayer will be able to compare his assessment made in rem with that of his immediate neighbors, which under the system of in personam assessment is not so simple. 16. The classification, underlying principles, and fiscal expediency of the tax on land value having been discussed, there remains the consideration of the objections raised against its levy. The most vehement opposition which the . new proposal has to brook grows out of its identification ^'"'^ with the Single Tax. ^ The apprehension is current that the tax is merely the entering wedge to the Single Tax regime. Bearing in mind the differentiation made between the two proposals, however, most of the objections vanish. For example, such questions as the elasticity of the yield, which for the Single Tax is an all-important query, becomes in- significant for a subsidiary impost. So also with regard to the discriminatory, confiscatory character of the tax, and with regard to the generally accepted theory of justice in taxation. If the land-value tax be opposed on any such ground, any of the numerous excise duties, or the inheri- tance tax, must be similarly opposed. On the contrary, it has been argued that by the new land tax the govern- ment aims merely to shift or to impose a heavier burden of taxation, occasioned by the ever-increasing budget, on a class which is thought to be best able to bear it; just as is its purpose always in choosing one object, rather than another, ^ It is almost entirely through fear of the adoption of the Single Tax that Professor Bullock opposes local autonomy in taxation, as is in- dicated strongly in his article in International Conference on State and Local Taxation (1911), p. 271. See also Prof essor Seligman, in The Survey, March?, 1914, pp. 697/. 342 THE TAXATION OF LAND VALUE* for revenue purposes; that, in exempting improvements from taxation, the aim is to appropriate a greater share of the profit arising from land ownership, and at the same time reheve the capital invested in improvements and buildings. Whatever the social and economic effects may be, the proposal seems fiscally justifiable.^ As to the ex- * Professor Seligman brings forward certain objections to the Herrick- Schaap Bill, a proposal to untax buUdings in New York City, which it may be profitable to touch upon at this point, in so far as they are fiscal in character. (See rAeSuroey, March?, 1914, pp. 697 j^.) (1) Concerning the fiscal theory of the tax it violates even the theory of "Benefits" inas- much as the buildings which it proposes to untax derive benefit from the public expenditures. Consider fire and police protection (p. 700). It is noteworthy that in Canada this has been urged repeatedly against the ex- emption of improvements. But the theoretical objection had little weight there, in view of the object to promote industry and business. It will scarcely be denied that the high rent paid by retail dealers, for example, enters more or less into the price of the commodities. Nor will it be denied that in many urban communities the tax on buildings is heavier than on other forms of capital. The consequence of this is that the tax is borne not by the owner of the skyscraper, but by the general consumer, and as Professor Seligman points out, by the big banks, the big lawyers, etc. (2) With regard to the incidence of the tax he holds that so much of the tax as does not fall on pure rent, but falls on improvements sunk in the land, will be borne by the tenant, not by the owner (p. 698). Hence the increased tax on that part of the land value will tend to be shifted in part to the tenant. From a theoretical standpoint, in urban communities, land-value increments are attributable primarily to the congestion of population. But, whatever of the value added by the improvements simk in the land escap>es exemption under a system of expert valuation may be regarded as in the nature of old and fixed structures. The tax on such a value would as likely fall on the owner as on the tenant, unless the invest- ment for rock excavations, etc. were the general practice. From a practi- cable standpoint, the hypothetical diflScultiies in valuation have given the assessors in western Canada and Australasia little concern. Land and improvements are there assessed separately as a matter of course. (3) The introduction of the tax on land value in New York City would result in a decline in the value of the land as Professor Seligman points out (p. 701). This would not only narrow the base of taxation, but would narrow the base of assessment by which the amount of indebtedness that may be incurred by municipalities is limited. It may be true that a constitutional amendment would be necessary in the case of New York City, and the tax may be, therefore, locally inexpedient. But the principle of the tax, and its expediency elsewhere are not invalidated thereby. It is interest- ing to point out a few changes which the tax might occasion in New York THE TAX IN ITS FISCAL ASPECT 343 tent to which the share of the state should be increased, the community must be guided by local conditions, the rate of increase of value increment of land, the amount of revenue needed, the expediency of exempting other forms of in- come, and so forth. There is, however, one serious objection which we have City. Real estate is in this city assessed at very nearly the full value, and the land is listed separately from the improvements. Assuming that the rate of increase in the value of all the land, which the tax commissioners of New York City estimate at from four to five per cent annually, will counterbalance the fall in value as the result of the tax, the rate of tax will have to be raised through the exemption of all the improvements. Taking all five boroughs comprising New York City together, it is found that 37.9 per cent of the assessment in 1913 was on buildings. In order, then, to raise the same revenue as in 1913, the rate of tax would be increased from $1.81 on $100 to about $2.92. Whether the constitutional requirement which limits the rate to two per cent could be amended or not, it is interesting to note that in 1899 the rate was $2.48 for Manhattan and $3.27 for Queens. This reduc- tion in tax rate on real property since 1899 means that purchasers of land before that year, and in fact before 1902 (see table on p. 92 of Report of Commissioners of Taxes of New York, 1913), according to the principle of " amortization," were granted a donation as it were. By raising the rate under the new system the long-time owners will have little cause to com- plain. It must, however, be borne in mind that the increased rate will not necessitate an increase in the amount of tax for all landowners. All those whose property has upon it structures of a value of at least 37.9 per cent the value of the site will find their tax bill either the same or reduced under the land- value tax; only those whose land is unimproved will bear a heavier burden. The fact that the value of the land in certain sections of Manhattan is nearly 70 per cent of the assessment corroborates the con- tention that the buildings there are not as they should be to accommodate the congested population. Brooklyn, the town of small dwellings, on the other hand, and which has called forth recently commiseration on ac- count of the excessive assessment (see Cederstrom, Unjust Taxation) will be most relieved through the new system, because the value of im- provements in Brooklyn exceeds the ratio existing between buildings and land values in Greater New York taken as a whole. For the probable redistribution of tax burden on the different classes of landowners result- ing from the untaxing of buildings, cf. Haig, Some Probable Effects of the Exemption of Improvements from Taxation in the City of New York. The changes proposed by the Herrick-Schaap Bill will be slighter than those incurred by the total exemption of improvements and will be discussed in chapter x. The non-fiscal objections of Professor Seligman to the tax are treated in the following chapters. SU THE TAXATION OF LAND VALUE not yet discussed in this chapter, namely, the relative ex- pediency of introducing the tax on land value in urban and rural communities. It is claimed that the tax would oc- casion a greater hardship on rural districts than on urban municipalities. The reason is that in the latter the value of the improvements and buildings exceeds the value of the site, whereas in the coimtry the reverse is true. Now, if im- provements are exempted from the tax, the rural communi- ties will bear the heavier burden as compared with the cities. First, as to the facts with regard to the assessment. In New York City, in Boston, in Montreal, and other old cities the land value has been found to exceed that of the improvements. In Greater New York land value in 1913 constituted 62.1 per cent of the total assessment; in Mon- treal and Boston about the same.^ In Brooklyn the per- centage of building to land value was greater than in Man- hattan (49.8 per cent to 34 per cent), in spite of the fact that the skyscrapers and mansions are in Manhattan. Sta- tistics about other cities are unavailable because the land and buildings are not listed separately. But in Baltimore, according to Lawson Purdy,^ the value of the buildings is fifty-six per cent of the total value. In the rural districts farm land has on the whole the higher value relatively to buildings.' Nevertheless, exceptions were found to this general characteristic in a nmnber of counties in New England and east central states. In the following states the value of the buildings on farms exceeded that of the * Report of the Commissioners of Taxes and Assessments in New York (1913), pp. 2&-53; Report of Assessment Department, City of Montreal (1913), p. 4. ' First National Conference on State and Local Taxation (1907), p. 879. * Taking the country as a whole, less than 20 per cent of the combined value of all the farm land and buildings represented the value of the build- ings. Oidy in New England and the middle Atlantic states did the value of the buildings on farms approach near the value of the land. In New England, in fact, the buildings and the farm machinery and implements exceeded the value of the land. Cf. Thirteenth Census of the United States (1910), vol. V, Table 20. THE TAX IN ITS FISCAL ASPECT S45 land in 1910: Pennsylvania, in ten counties; New York, in ten; Maine, in nine (total number of counties, 16); Connecticut, in four; Massachusetts, in two; New Hamp- shire in one; New Jersey, in two; Vermont, in four; Rhode Island, in one.^ Moreover, if farm machinery, implements, etc., were added to the buildings, a legitimate assumj)- tion in view of the purpose of the tax to exempt all im- provements, the land would show the smaller value in many more cases. But in the main we may assume that the value of the land in the country is higher relatively to that of the structures than in cities. What will be the burden on rural land- owners? That will depend upon the method of levy and assessment. If the tax is raised for state or even county purposes, and is apportioned according to valuation,'^ the relative burden of rural districts may be inordinately in- creased under the taxation of land value. Thus, in Aus- tralasia, in those cases where the tax is obligatory, the rural districts were said to be proportionately more burdened than the urban mimicipalities. But where the principle of local option is instituted, local conditions will deter- mine the expediency of the tax in the various districts. In those poorer communities where land even has not a suf- ficient value to yield any considerable revenue, 'other taxes must be levied. It is noteworthy, nevertheless, that in both Australasia and in western Canada, among the localities that have optionally adopted the tax on land value are many rural communities.* In the country, when levied for * Thirteenth Census of the United States (1910), vols, vi, vii. * As compared with apportionment by expenditure or revenue. Cf. Seligman, Essays in Taxation (1913), pp. S59ff. Ibid., p. 85. * A contributor to The PtcUic (August 22, 1913) claims that the reform in taxation in western Canada is a farmers' movement. " These Canadian farmers are not satisfied, however, to have only municipal taxes levied on the land. Their organizations . . . have expressed themselves as in favor of levying all taxes. Dominion, Provincial, and Municipal on land values " (p. 800). The President of the United Farmers of Alberta spoke as fol- 346 THE TAXATION OF LAND VALUE local purposes, or even when levied for state or county pur- poses, provided the apportionment of the quota of the tax among the locaUties is made according to the expenditure of the respective localities,^ the exemption of structures will not increase the rate of tax much over the present rate, because of the relatively small value of the buildings. The solution of the difficulty raised by the objection would seem to be local option in taxation, which the rural dis- tricts especially need to rid themselves of the tax on per- sonal property as well.' Finally, it may be asked which form of the tax is fiscally most expedient. Obviously the reply will differ according to the purpose of the tax and the conditions in the various countries. In the United States, where real estate taxa- tion prevails, but where value-increment and indirect land taxes are unknown, and where progressive taxation was until recently practically non-existent and is yet unpopu- lar, the annual, direct tax would seem more expedient than the European forms. Moreover, we lack the conditions of land tenure of England to seek the more discriminatory forms of the tax. For general purposes and for local revenue the exemption of improvements, scientific valuation, and full value assessment, would have the effect of taxing the "unearned increment" accruing from landownership, without introducing the novel system of value-increment and progressive rates.^ Nevertheless, where the fiscal con- lows in his Annual Report: "Few realize the importance of, and what Single Tax really will accomplish. Let me point out some of its most im- portant recommendations. It will take the weight of taxation oflF the agricultural districts, where land has little or no value, irrespective of improvements, and put it on towns and cities where bare land rises to the value of millions of dollars per acre. . . . Thus the farmer would have to pay no more taxes than the speculator," etc. United Farmers of Alberta, Official Report (1912), p. 9. ^ Cf. Purdy, Local Option in Taxation. * Reasons for the social inexpediency of the tax on rural land is dis- cussed infra, in the following chapters. ' It is doubtful whether certain fiscal authorities in this country would THE TAX IN ITS FISCAL ASPECT S47 sideration is not uppermost and where taxes are levied for special purposes, the value-increment tax has certain ad- vantages: first, its collection is simple; secondly, it can be levied on future increment only, thus interfering less with the present owner's expectations of profit; thirdly, it lends itself better to the progressive scale of rates. In view of the system of realty taxation in this country, however, these considerations have less value for the United States.* favor the value-increment tax in preference to the annual, direct tax on land value, if the spectre of the Single Tax regime were to them less im- minent. ^ The machinery for assessing and collecting the direct tax already exists in this country. CHAPTER Vin THE TAX AS A SOCIAL REFORM 1. If it is true of all taxes that the fiscal considerations are not to be divorced from the economic and other effects in judging of then: expediency, it is especially important to consider the economic and social effects of the tax on land value. As a modified realty tax, the proposed changes in- volved in the tax on land value must be discussed in all their aspects. While no one will dispute the expediency and necessity of full-value assessment and of scientific valua- tion of real property, there is less unanimity of judgment with regard to the exemption of improvements from taxa- tion. This is not strange when we consider that some funda- mental social problems are involved in the proposal to ex- empt improvements. There is no agreement upon the meaning and prevalence of "unearned increment" and of speculation in land, nor upon the seriousness of the so-called housing problem in the various communities; while the whole problem of property in land will ever remain a logi- cally controversial one. The best that can be done is to attempt to understand the nature of the above-mentioned problems in the light of the facts under the existent order; to examine certain social evils and the proposed reforms; and to test the efficacy of the tax on land value as a social reform by the effects of its operation where it exists. It will be agreed that the most currently potent argu- ment for the taxation of land value is that land rent is an "unearned" increment. The justification of this view is based on the rent concept explained in the preceding chap- ter. Now, the criticism generally directed by economists and laymen alike against the tax is that land rent is not the sole differential, that other incomes are likewise "im- THE TAX AS A SOCIAL REFORM 349 earned." Thus quasi-rents arising from capitalistic enter- prises, from speculation in general, and even from nat- ural ability ^ are likewise called "unearned" increments. As commonly understood "unearned" increment is any surplus value accruing to an individual not by virtue of sacrifice or exertion on his part, but by virtue of his prop- erty right to a commodity. But it is also questioned whether even a transaction in landed property does not involve some labor on the part of the owner. Whatever view we admit, so much is certain. There is a tendency in recent years to diflferentiate between income accruing to labor in its widest sense including entrepreneurship, and that accruing from the investment of capital in any form. The latter is com- monly considered the source of the enormous wealth ac- cumulated by individuals which, it is evident, the modern "Sozialpolitik" would prevent. Misleading as the term " unearned " income may logically appear, it will probably be retained, since English and German legislation has recog- nized the distinction between earned and imearned income.* Just as in the case of monopoly and large scale capitalistic' production, legislation has been employed to check the concentration of wealth in the interest of the social well- being, so with regard to the land-value increments, it is proposed to prevent some of the putative evils by means of a tax. The fiscal expediency of the proposal having been discussed,^ the problem is now to discover (1) whether those putative increments in land value are of widespread occurrence, if they occur at all, (2) the causes and the social evils that ensue therefrom, and (3) the effectiveness of the tax to remedy the evils. 2. What are the facts concerning the appreciation in the value of the land? The diflBculties encountered in at- * Cf. Marshall, Principles of Economics (5th ed.), p. 579. * Cf. the English income tax and the German "Wertzuwachssteuer" where the term "unearned" is employed. * See supra, chapter vu. 350 THE TAXATION OF LAND VALUE tempting an answer become apparent when we consider the several kinds of land, the lack of uniformity in the development of the several comitries, the social, economic, and physical differences of communities, and the inadequate data due partly to insufficient information, partly to the practice of assessing, as a single class of property, both the land and improvements upon it. / To begin with, it will be necessary to classify land into / three main categories: S, (1) Land used in the production of raw stuffs, i.e., agri- V\ cultural land which forms the main source of human sus- Itenance. J / (2) Land necessary for dwellings and industrial pur- poses, i.e., urban land. (3) Land containing the product in a form ready for use / in contradistinction to that requiring fertilization 7- kl i.e., mines and forests. _ ^p^ / The following considerations make the distinction be- / tween rural and urban land apparent: First, agricultural / production must be put in a class by itself. And it must / be borne in mind that as yet the prevaiUng unit in agricul- 1 tural industry is the small farm. Secondly, the transition I from extensive to intensive farm cultivation has been very much retarded on account of the relative abundance of vir- gin soil. Thirdly, the demand for urban land is not merely for industrial purposes. The demand is composite; for it is a demand also for dwellings by a comparatively numer- \ ous population in a comparatively hmited area. Fourthly, \the unit of valuation of rural land is the acre, as compared with the lot in towns. The third kind of land, namely, nat- ural resources in a limited sense, must be differentiated from the other kinds for many reasons. Unlike the other kinds, mines and forests belong in the category of wasting assets.^ Upon their proper use or misuse, therefore, de- * In a larger sense this is true also of agricultural land which may be used up through a careless, extensive cultivation. THE TAX AS A SOCIAL REFORM 351 pends the welfare of society. Hence in considering this kind of land, the whole problem of conservation confronts us. In the following sections, then, we may expect to find the tendency of values in the three kinds of land to vary not only with regard to one another, but with regard to the diverse conditions of place, population, and stage of development. 3. The discussion of agricultural values necessitates a fm-ther division, for the lands under cultivation in the old countries are not comparable to the virgin soils of Austral- asia and America. Bearing this fact in mind, we shall first present some data regarding the European situation, and then shall endeavor to show the tendency of value changes in the newer countries. TABLE SHOWING THE RENTAL OF AGRICULTURAL LAND IN THE UNITED KINGDOM, 1750-19041 Year] Rental in millions () Per cent of change in value 1750 1776 1800 1815 1843 1860 1870 1880 1888 1894 1904 16.6 22.4 32.6 46.5 54.4 58.3 64.1 69.5 61.2 56.2* 52.0 increase, 34.9 45.5 " 46.5 " 17.0 7.1 9.1 8.5 decrease, 11.9 8.1 7.1 * This figure was obtained from Mulhall, Indxutries and Wealth of Nations, p. 406. From the above table we note that the rental value rose steadily until early in the nineteenth century, held its own 1 Mulhall, Dictionary of Statistics (1899), p. 341; the figures before 1870 are estimates; from that date, the figures are those taken from the Reports of Inland Revenue. Cf. Agricultural Statistics (Cd. 3870), 1907, Table XXIV. S52 THE TAXATION OF LAND VALUE until the eighties, although the percentage of increase diminished gradually, and since the eighties has declined considerably. The tendency of agricultural land values in the United Kingdom (1781-1880) to fluctuate about an average, showing comparative stability and appreciation in the price of the land, is illustrated also by the following table: AVERAGE PRICE OF FARM LAND PER ACRE 1781-1800 33.8 1801-1820 36.2 1821-1840 23.7 1841-1860 36.4 1861-1870 43. 1871-1880 61.3 Average price 35.1 Evidence of the decline in agricultural land values in Great Britain since the eighties is abundant. For example, the Royal Commission on Agriculture of 1895 ^ quoted numerous illustrations of the decline in rental; in fact cases occurred where no rent could be paid. That this de- pression has continued to the present the following state- ment by Professor Nicholson' is evidence: "The conclu- sion, then, is that for the last half centmy instead of an unearned increment from agricultm^al land, there has been an unearned (and certainly undeserved) decrement." Turning to France the situation regarding agricultural land values is similar to that in England. In France " land trebled in value between 1817 and 1879, but it has since fallen one-third." * This estimate is borne out by the fol- lowing table showing the value of arable land in France : ^ * Mulhall, Dictionary of Statistics (1899), p. 759. Average prices of estates sold in those years. * See Final Report of the Royal Commission of Agriculture, 1894-97 (C. 8540), pp. 207-08; also Particulars of Expenditures and Outgoings, etc. (C. 8125), 1896, pp. 40/. ' Rates and Taxes as Affecting Agriculture, p. 72. * Mulhall, Industries and WeaWi of Nations, p. 413. ^ Ibid. THE TAX AS A SOCIAL REFORM 353 Year Value in millions () Per cent of change in value 1817 548 2,801 2,986 1,386 1879 1881 1895 increase, 319.8 29.7 decrease, 53.2 From another source of information, the percentage of decrease in the value of agricultural land in France was estimated at less than appears from the preceding figures.^ This more conservative estimate was derived after a care- ful valuation of the land in 13,606 French communes, covering, therefore, a large part of the territory of France. From 1879 to 1884 the rural land in these communes was valued at 783,636,000 fr.; in 1909-10 the value had fallen to 616,540,000 fr., or 21.3 per cent. Another authority- estimates the dechne in the value of farm land at forty per cent.* Although the estimates of the extent of the depres- sion vary, the fact remains that during the last generation the value of agricultural land has considerably depreciated. Belgium has been likewise affected by the agricultural depression of the eighties. The average value of farm land per hectare declined from 4261 fr. in 1880 to 2838 fr. in 1895, about thirty-one per cent; the rental value declined during the same period from 107 fr. to 90 fr.^ Ample evi- dence exists to show that this trend of values has been general throughout Europe. The causes for this situation are not far to seek. They are to be found chiefly in the low prices of grain due to American and AustraUan competition, resulting from the * International Institute of Agriculture. Bulletin of Bureau of Economic and Social Intelligence, vol. xviii, April, 1912, pp. 220 jf. The author esti- mates the depression in the price of typical holdings from 600 fr. in 1856 to 210 fr. in 1908, or 65 per cent. * Cf. Congr^s International de la ProjmStS Fonciere (1900), p. 561. * Annuaire Siatislique de la Belgique (1902), vol. xxxin, p. 291. 854 THE TAXATION OF LAND VALUE improved facilities for transportation, and in the greater profitableness of manufacturing industries. An effect which is at the same time a proof of the general condition of agri- cultural depression in Europe is the marked decrease in the rural population. For example, the English rural popula- tion, which was 42 per cent of the total population in 1771, constituted 22 per cent of the total in 1841 and less since then; ^ the agricultural population in Belgium fell from 24.98 per cent to 18.79 per cent of the total population from 1846 to 1895.2 jjj Grermany too the percentage of those en- gaged in agricultural production decreased from 42.5 per cent in 1882 to 28.65 per cent in 1907.' 4. But while value decrements, not value increments, characterize European farm land, the opposite tendency seems characteristic of the newer countries. Generally speaking, with the progress of the nineteenth century to the present, with the introduction of railroad and improved waterway transportation, the superior fertility of the soil in America and Australasia caused an extension of the grain market to a world market, while the growth in pop- ulation had the same effect, an increased demand for agri- cultural land. The result has been a corresponding in- crease in the value of farm land as the accompanying table shows. It is obvious that to determiae precisely the real in- crease in the value of the land when farms and buildings are classed together as in the subjoined table is impossible. Nevertheless, as the ratio of the value of the buildings to that of the land in the country is small, the degree of error in estimating the percentage of increase can be but slight. It will be noted that while the number of farms since 1850 increased nearly 339 per cent, the value of the farm land * Weber, Growth of Cities in the Nineteenth Century, Columbia Univer- sity Studies in Political Science, vol. xi, p. 166. * Annuaire Staiistique de La Belgique (1902), vol. XSXni, p. 272. Handbuch der Politik, vol. u, p. 263. THE TAX AS A SOCIAL REFORM 355 INCREASE IN THE VALUE OP FARM PROPERTY AND IN AGRICULTURAL PRODUCTION IN THE UNITED STATES 1 Year No. of farms No. engaged in agriculture Value of farms and buildings 1850 1,449,073 2,044,077 2,659,985 4,008,907 4,564,641 5,737,372 6,361,502 6,922,471 8,565,926 10,438,219 12,659,203 $3,271,675,426 1860 6,645,045,007 1870 7,444,054,462 1880 10,197,090,776 1890 13,279,252,649 1900 (13,058,007,995* \ 3,556,639,496 / 28,475,674,169 \ 6,325,451,628 1910 * The upper figure is the value of the farm land, the lower one that of the buildings. and buildings increased almost 964 per cent. Furthermore, during the last decade, 1900-10, the increase in farm land per se was over fifteen billion dollars, or 118 per cent. If we turn to the conditions in Australasia, it will be discovered that a similar trend of value increment exists there as appears from the data given in the table on page 356. It would be possible to show the same tendency of rising value for farm land in the other Australian states and Canada ^ and wherever the development of the country and the demand for foodstuffs is growing. 5. It may be expected that with the further extension of the cultivation of the soil and with the closer settlement of the country rural land will continue to rise in value in new countries and ultimately in the European countries. Nevertheless, it would be erroneous to assume that all farm land even in the newer countries tends to rise in value. The fact is that the value of farm land is subject to ^ Statistical Abstract of the United States Census (1910), pp. 119, 121, 265; also Report of the Twelfth Census, vol. v. Table ix. , Cf. Statistical Year Books of Canada (1904, 1910, etc.). 356 THE TAXATION OF LAND VALUE INCREASE IN THE VALUE OF RURAL LAND IN AUSTRALASIA Ywr Unimproved value of land in counties of New Zealand Unimproved value of rural land in Victoria 1878 48,212,290 57,201,387 57,880,233 63,732,516 71,747,758 82,513.630 99,236,462 114,301,726 124,560,720 138,813,886 152,273,929 1888 1891 1897 1902 1904 77,557,628 1906 81,198,431 1908 91,025,874 1910 100,646,814 1912 106,752,622 1913 109 512.311 great fluctuation. In many parts of the United States, for example, much country land has become impoverished and abandoned. This impoverishment has been greatest in our south central states, except Alabama, Kentucky, and Ten- nessee. There has also been considerable impoverishment and retardation in the southeastern states, especially in West Virginia and Georgia; also in North Dakota, Ne- braska, and Kansas land values have depreciated when cultivation of the soil had to be abandoned. West of the Mississippi four states reported a considerable reduction in productivity. The total area of counties comprising im- poverished land has been estimated as 307,730 square miles or 10.3 per cent of the total land area of the United States.^ Moreover, 16,597 square miles, 0,6 per cent of the total area, have been abandoned. Half of this abandoned land is in southeastern United States.^ Temporary fluc- ^ New Zealand Official Year Book (1913), p. 860; Victorian Year Book (1911-12). p. 223. Cf. also, Mulhall, Dictionary of Statistics (1911), p. 367. * Report of the National Conservation Commission (1909), vol. i, p. 77. ' Ibid., p. 78. It is not generally known that the oft-mentioned aban- THE TAX AS A SOCIAL REFORM 357 tuations frequently occur with the extension of production to our western prairie regions as well as with the exhaiis- tion of the soil. Again, considered for short periods of time, through the introduction of improvements in the methods of cultivation and the substitution of intensive for extensive production nu-al land values are very often affected.^ Similarly, fluctuations are frequent in Australasia and Canada. Speculation in these countries has been and con- tinues to be rampant, leading to "land booms" or to in- ordinate appreciation in land value, which later result in precipitate depressions. An illustration from Ontario, Canada, will make this tendency of rural land value to fluctuate more apparent. Consequent upon the opening up of Manitoba, the value of farm land experienced a de- clme in Ontario from $625,478,706 in 1884 to $587,246,117 in 1894.2 To conclude: (1) The extension of distant sources of grain supply due to the improvement of transportation facilities, along with social causes, e.g., dissatisfaction with rural Hfe, changed conditions of labor, etc., has been the cause of the agricultural depressions and of the dechne of rural land value in European countries. (2) In the new world, the extension of production, so detrimental to European agriculture, has not only been a boon to the farmers, but is also the cause of the appreciation in the value of rural land of the country as a whole. (3) The gen- eral upward trend of values is, however, not universal throughout the more newly opened countries, nor is the rise in value uniform. In many states and sections of the country, the value of rural land is subject to great fluctua- tion; in others the value remains constant. (4) Although, doned farms common in New England have been largely reoccupied and rendered productive recently by Italian and French-Canadian farmers. ilbid.) 1 Cf. Fairchild, Rural Wealth and Welfare, pp. 300/. Statistical Year Book of Canada (1895), p. 303. 358 THE TAXATION OF LAND VALUE as free land is taken up and cultivated, as intensive super- sedes extensive cultivation, and as the population in- creases, agricultural land will tend to appreciate in value; for a long time to come, we may expect to find constant values and decrements, more often than increments, charac- teristic of rural land. 6. The problem of determining the trend of land value in urban communities presents serious diflficulties. The rise and growth of cities in the nineteenth century have been phenomenal and unprecedented in the history of the world. And it is generally held that the movement of con- centration of the population in cities will tend to continue.^ Cities, however, do not always progress in the same way, nor to the same degree, the growth of some being far more rapid than that of others. Their relative growth depends upon such factors as differences in wealth, in the character of the industries undertaken, in the number of population, in topography, in transportation facilities, in climate, in the platting system, and so forth.^ All these factors in urban growth likewise exercise an influence on the value of the land. The value of urban land, indeed, is affected and disturbed even by changes in the current rate of interest (the capitalization rate for realty varies with the character and use of the building and neighborhood, etc.), and by any judicial decisions affecting property rights. Other influences that are apt to depreciate land value are public or quasi- public structures, as, for example, the elevated roads and other so-called "nuisances." In studying the data pre- sented below, therefore, showing the general movement of values, it must not be overlooked that even in the most de- veloped cities there are districts markedly retrogressive and deteriorated. The value of urban land is, of course, attributable to the * Cf. Weber, Growth of Cities in the Nineteenth Century, in Columhia Univ. Studies, vol. xi, chap. ix. * Hurd, " Distribution of Land Values," in Yale Review, vol. xi, p. 144. THE TAX AS A SOCIAL REFORM 359 fact that land is needed for residence and business purposes and that the number of more desirable sites is limited. It may therefore be laid down as a general principle that in all countries, wherever the concentration of population and progress are in evidence, the value of land will tend to rise. Not to illustrate any abnormal growth in value, but to show the general trend and to emphasize the extraor- dinary character of the increase especially in the larger cities, the following statistics are presented. In New York City the assessed value of real estate has increased as follows: ^ Year 1898 1900 1902 1904 1906 1908 1910 1912 1913 1914 1915 Total real estate $1,856,567,923 8,168,557,700 3,332,647,579 5,015,463,779 5,738,487,245 6,722,415,789 7,044,192,674 7,861,898,890 8,006,647,861 8,049,859,912 8,108,760,787 Land $3,367, 3,843, 4,001, 4,563, 4,590, 4,602, 4,643, 233,746 165,597 129,651 357,514 ,892,350 852,107 414,776 Improvements $1,959, 2,298, 2,490, 2,716, 2,796, 2,855, 2.884, 179,364 334,522 206,348 222,137 344,754 932,518 475,851 In considering the above figures, it must be noted that the assessed value of the land here given does not include the value of the land owned by corporations, which is, how- ever, included in the total value of the real estate; and that until a few years ago the assessment was much below the actual value, in some cases as much as thirty per cent be- low. Since 1906 the per capita value of the land itself has fluctuated from between eight and nine hundred dollars. * Report of Tax Commissioners of New York City (1915), pp. 20-21, 71. The discrepancy in the figures between the separate and combined values of real estate is accounted for by the separate classification of the real estate owned by corporations and special franchises which are included in the total value of real estate. S60 THE TAXATION OF LAND VALUE In 1915, the per capita value was estimated at $816. Allow- ing for the incompleteness of the data, the enormous in- crements in land value are, nevertheless, evident. In the decade, 1898-1908, the increase in the total value of real estate was nearly j^ve thousand millions of dollars, or 262 per cent; since 1908, the increment has been again more than one thousand millions. To take a particidar instance of the enrichment of private individuals by the enormous incre- ments of land value, it was estimated by the assessors that the bare site on which Macy's store in New York City is located was worth, in 1907, $10,000,000 per acre.^ And lest this be considered an exceptional case, attention is again called to the fact that for every additional member to the population of New York City the value of the land is en- hanced about $800.2 Similar value increments have occurred in London, where it has been estimated that the increase in the value of the land from 1870-90 amounted to about 7,620,000, annually, and where every new inhabitant added during that same period more than $400 to the value of the land.' Or take Chicago for illustration. The financial history of a quarter acre of land in Chicago, not unlike that in all the larger cities, has been traced as shown in the subjoined table." The correlation of land- value increments with the growth of population will be noted. In the same connection the * First Conference on State and Local Taxation (1907), p. 401. There are sites in New York valued at $40,000,000 per acre. * "The bona fide land values of New York City exclusive of expendi- tures by the owners or assessments by the city increase about $800 a year for every person who has been admitted to the population." (Marsh, op. cit., p. 23.) * Weber, Ueber Bodenrente und Bodenspekulation, pp. 1S28-29. * Eighth Biennial Report of the Illinois Bureau of Labor Statistics (1894), p. 277. The enormous rise in the value of land in Chicago is even more astonishing than that in New York City and London because the terri- tory comprised by Chicago is much greater in proportion to population than in the other two cities. THE TAX AS A SOCIAL REFORM S61 Year 1830 1831 1832 1833 1834 1835 1840 1845 1850 1855 1860 1865 1870 1875 1880 1885 1890 1892 1894 Population of Chicago Percent Value of one quar- ter acre increase in value Numbers Increase per cent 60 $20 100 100 22 io 200 100 SO 40 350 75 60 67 2,000 467 200 300 3,265 60 5,000 2400 4,470 37 1,500 12,088 170 6,000 233 28,269 134 17,600 250 80,023 183 40,000 129 109,000 36 28,000 178,900 64 45,000 61 298,977 67 120,000 167 400,000 34 92,500 603,298 26 130,000 40 700,000 40 275,000 111 1,098,570 57 900,000 228 1,300,000 19 1,000,000 111 1,500,000 16 1.250,000 26 Per cent of decrease in value following estimate quoted by Mr. Marsh * is impressive: " In 1818 the United States gave the square mile between State, Madison, Halsted, and Twelfth Streets (Chicago) to the State of Illinois to be held in trust for the support of the pubUc schools and the education of the children of Chicago. Except for one block between Madison, Dear- born, State, and Monroe Streets, nearly all of this square mile was sold about seventy years ago for less than $40,000. Within fifteen years after it was sold this square mile was worth six million dollars. To-day its value is himdreds of millions of dollars (without improvements). The rent from this square mile of land would be suflficient to support for all time the entire school system of the State of Ilhnois with- out an additional dollar of taxation." The development of Grerman cities, likewise, has been Op. cU., p. 109. 362 THE TAXATION OF LAND VALUE and continues to be extraordinary. From agricultural values about 1870, land has risen many hundred fold in value as the towns grew. Examples have already been given of this oft-cited phenomenon. ^ A few more must suf- fice here. As in the other countries the metropolis, in this case Beriin, leads and exemplifies this tendency best. The approximate value of the area on Kurfiirstendamm, the principal thoroughfare of Charlottenburg, a compara- tively new portion of Berlin, is shown below: ^ Year VoXue in million marks Per cent of increase 1860 1865 1870 : 1872 1885 1890 1898 0.1 1.0 2.5 6.5 14.0 30,0 50.0 100 1,000 2,500 6,500 14,000 30,000 50,000 The value of the land in Charlottenburg as a whole has also appreciated enormously: ' Value in million marks Year Improved Per cent of Unimproved Per cent of land increase land increase 1865 6 4 1880 SO 400 20 400 1886 45 50 30 50 1897 300 566 100 233 From Professor Conrad's * illustrations of land-value increments we quote the following: "In Frankfurt a. M m * Cf. chapter iv, 7. ' Mangoldt, op. cit., p. 62. * Voigt, P., Qrundrente und Wohnungsfrage in Berlin and seinen Vororten, p. 217. * Grundriss Zum Studium der Poliiiachen Oekonomie, vol. i, p. 128. THE TAX AS A SOCIAL REFORM 363 a period of fifteen years, 1880-95, the land had appreciated sixty per cent in value, while in Karlsruhe it had increased from 400 to 500 per cent in a period of thirty years." In a paper delivered before the Congres International de la Propriete Fonciere, Professor Philippovich was cited as authority for the case of a piece of land in Vienna whose present value increment amounted to 3526 per cent of its original value in 1875.^ Similar striking instances were cited at this conference. For example, a certain part of Paris was worth, less than a century ago, scarcely fifty centimes per square metre (5000 fr. per hectare) ; this land has since increased 699,900 per cent in value. "The value increment of unbuilt property in the environs of Paris, that is suburban land, has been estimated to have increased 1,793.07 per cent between the years 1851-79." 2 The general trend of urban land values is unmistakable. The best proof of this is the fact that realty experts have been able to formulate an approximate scale of normal values per front foot like the following one,' " it being un- derstood that the actual highest values in the various cities vary widely from any average scale, owing to the marked differences between these cities in wealth, char- acter of industries . . .": City population Beat business per front foot Best residences, per front foot 25,000 $300 to $400 600 " 800 1.200 " 1,600 1,800 " 2,400 2,400 " 3,200 3,600 " 4,800 7,200 " 9,600 23,000 " 31,000 42,000 " 66,000 $25 to $40 60,000 40 " 76 100,000 76 " 150 160,000 100 " 200 200,000 100 " 300 300,000 200 " 500 600,000 1500 " 2000 2,000,000 2000 " 3000 8,500,000 6000 " 9000 * Congrh International de la PropriSti Fonciere (1900), pp. 566-67. * Ibid. Quotation translated from the French. * Hurd, "Distribution of Urban Land Values," in Yale Review, vol. xi, p. 144. 364 THE TAXATION OF LAND VALUE According to Lawson Purdy, the president of the tax department of New York City, the annual rate of increase of real property in New York City should be from four to five per cent, since real property tends to increase some- what faster than the annual increase in population, which is about three per cent.^ 7. In spite of the facts cited to show the upward tend- ency of urban land value, it must not be inferred that no decrements occur. Even in the most advanced urban com- munities, land does not increase in value always and every- where. Some of the reasons have already been given for the occurrence of depreciation in value.^ Changes in the development of the city or town are apt to depress values in certain districts. For example, when the utilization of land either for business or residence purposes declines, the value of the land likewise declines. Sometimes through changes in the internal structure of the city, e.g., when the residence section is superseded by industrial undertakings, or when a factory and a foreign population invade a neigh- borhood, values are adversely affected. Sometimes districts retrograde because of encroachments of public utiUties or so-called "nuisances." ' As a general rule retail property tends to follow the best residence section, while wholesale business replaces retail property or changes its location so as to be near the wharves and railroad terminals.* Besides decrements that reflect changes in the city's development,^ urban land has often experienced a deprecia- * Report of the Commissioners of Taxes and Assessment of the City of New York (1909), p. 17; (1908), p. 7. * Cf. supra, 6. * The improvement of transportation facilities, moreover, such as the construction of elevated roads, may cause a decline in land value by open- ing up suburban land. Some public improvements such as parks in- crease values generally. Cf. Real Estate Magazine, November, 1918, pp. 61/. * Cf. Practical Real Estate Methods (1909), pp. 202-03. * There are many other causes than changes in the population. The New York Tax Commissioners found that the owners' failure to replace THE TAX AS A SOCIAL REFORM 865 tion in value because of a previous overvaluation. For example, take the case of the quarter acre of Chicago land whose changing value has been tabulated.^ Had the com- plete original table in which the annual changes were traced been reproduced, it would have been observed that in the sixty-five years, from 1830 to 1894, decrements in its value had occurred seventeen times. ^ Indeed, Chicago is an illustration of fluctuating values in real estate. As a result of the speculation and overcapitaHzation of land, Chicago real estate is said to be valued to-day on an 1889 basis,' for the expected rentals on which the value of the land was then based have failed to materialize. For example, in 1851 certain sites on Twenty-fifth Street were valued at $250 per acre; six years later the value had risen to $5000; after three years it sold for $25,000; in 1862 the value fell to $20,000, after which the property was improved, its value rising enormously until 1900, when it sold for only one-half its value twenty years earHer.* According to a real estate dealer this example is typical of Chicago property. "Real estate is now selling about on an 1889 basis. It reached high figures in the early seventies, too high for that time, and it required some fifteen or twenty years for the city to reach the values fixed in 1873; but while the city was growing to these values, the values themselves were falling back, so that somewhere about 1885 real estate was selling at about what it was worth. Another upward movement in the their obsolete buildings with new ones resulted in lower returns and the depreciation of land value. See Report of Commissioners (1913), p. 8. * Supra, 6. * These decrements, it is noteworthy, occurred in 1837, again in 1857, again in 1873, showing the effect of the panics and hard times on the value of realty. * That is because, on account of the immense territory of Chicago and on account of the easy transportation facilities, the congestion of popu- lation is less imminent. This is shown by the comparative average value of land quoted in the Chicago Tribune, August 26, 1913, as follows: the average for Pittsburgh was $19,096; for New York City, $19,887; for Chicago, only $8138. * Chicago Red Estate News (1909), p. 186. see THE TAXATION OF LAND VALUE early nineties carried values some ten years ahead of real conditions. The city began rapidly to overtake these values while the values themselves fell back to meet real conditions. This process has gone on now for fifteen years. Since the World's Fair a new city has been added to each of the sides of the river, wealth has accumulated, public improvements have been made, every token which goes to make a great metropohs has come into evidence, but the real estate pendulum has only begun to swing upward." ^ In still another way are depreciations hkely to occur for a shorter or longer period. Whenever the attempt to build artificial towns or cities, " paper towns," fails, the result is disastrous to the value of land. In Kurd's words i'^ "An apparent exception to the general law of no value in the site when the city starts occurs where cities are specula- tively undertaken and the future is discounted, lots selling at comparatively high prices in advance of utility. The difference between price and value is usually demonstrated before many years, the swing of the pendulum carrying these lots as far below their value as prices were formerly above it. Thus lots in Columbus, Ohio, which sold in 1812 at $200 to $300, sold in 1820 at $7 to $20, and of recent in- stances there are many, such as the collapses in the early history of the speculatively started towns of West Superior, Wis., Tacoma, Wash., Everett, Wash., and Birmingham, Ala." 8. With regard to the third class of land, namely, mines and forests, the problem is of a different character. We are here concerned with the problem of the conserva- tion of natural resources. Mineral and forest lands are, moreover, distinguished from each other by the important fact that when exhausted or used up minerals cannot be replaced, while forests can be cultivated provided a suf- * Chicago Real Estate News (1909), p. 186. ' " Distribution of Urban Land Values," in Yale Review, vol. xi, pp. 126-27. THE TAX AS A SOCIAL REFORM 367 ficiently long time is allowed. Nevertheless, as operated to-day forests as well as mines may be regarded as wast- ing assets. The United States Conservation Commission estimated that at the present increasing rate of production the coal supply of the United States will be near exhaustion before the middle of the next century, and that the high- grade iron ore will not last beyond the middle of the pres- ent century; so with the known supply of petroleum in the United States. "The consumption of nearly all our min- eral products is increasing far more rapidly than our popu- lation. In many cases the waste is increasing more rapidly than the number of our people. In 1776 but a few dozen pounds of iron were in use by the average family; now, cm* annual consumption of high-grade ore is over 1200 pounds per capita. In 1812 no coal was used; now, the con- sumption is over five tons and the waste nearly three tons per capita.** ^ As regards our forests there are to-day over 200,000,000 acres less forest land than there were originally. "We take from our forests each year, not counting the loss by fire, three and one haK times their yearly growth." ^ Of the coimtries exporting timber, only three, Russia, Finland, and Sweden, " have increased their exports to great extent without encroaching on their timber capital." ' Yet, in spite of the substitutes for timber for various purposes, the consumption of timber has increased many fold. In these circumstances the value of mineral and forest land has enormously appreciated. And taking these lands as a whole, the upward trend of values will continue as the opening of inferior mines is necessitated, and as the sup- ply of timber is lessened. But the exhaustion of these nat- ural resources, unless a pohcy of conservation is pursued, is inevitable. Moreover, as regards particular mines or forests, under ordinary circumstances, when the resources * Report of the National Conservaiion Commission (1909), vol. i, p. 16. Ibid., p. 58. Ihid., vol. ii, pp. 351. 368 THE TAXATION OF LAND VALUE give out the value increments do also. Great fortunes have been made through the increased value of natural resources and great fortunes will continue to be thus gained, but the process is limited. This class of land, then, is not only to be differentiated from the other two classes; but the prob- lem presented by it is also of a different character from that which either the agricultural or urban land presents.^ 9. If we summarize the results concerning the three kinds of land we shall answer the inquiries: First, what gives land its value and its value-increment? Secondly, what factors distinguish one kind of land from each of the others? Thirdly, what problems does the phenomenon of increments and decrements present? Scarcity, not of land as such, but of the various grades of land, depending upon the fertility, location, or richness of deposit, is the cause of the value of land. Land as a non- reproducible good becomes subject to monopoly price, whenever the demand for a certain quality or kind exceeds the supply. This demand, which is reflected in the high value or value increment, is created by an ever-increasing population and progress. By the latter are meant the changes in mode of life, pleasures, and comfort which oc- casion a proportionately greater demand for all products, including urban land. Granting that the population will grow and progress continue, we may assume that higher values wiU follow in all three classes of land. That, how- ever, is a hypothesis concerned with the remote future. At present the problem is practically different for each kind of land and it is with the present conditions that we are here concerned. To-day, in the case of agricultural land, the fact that decrements in value prevail in the older countries shows that there exists no world scarcity of farm land below a ^ In essence there is less difference between agricultural land and for- ests, for example. Both need to be conserved. In the present era, however, the problem of conservation is not the same for both. THE TAX AS A SOCIAL REFORM 369 certain grade. And the fact that in new countries agricul- tural land tends to appreciate in value in some sections, but to depreciate in others, shows exceptionally favorable conditions of the soil which render the competition with foreign countries and with other parts of the same coun- try profitable. Here, then, there is no problem of discrim- inatory legislation to divert to the cofTers of the state the excessive profit accruing from the rise in the value of land. On the contrary, the government may find it expedient to promote the profit of the farm owners in the interest of greater and cheaper production. With regard to urban land, on the other hand, the prob- lem of monopoly value becomes more acute. Every person added to the urban population affects the value of the land more or less. The tendency of urban land value to appre- ciate is unmistakable. The result is that the owners of this commodity, land, reap the ever-increasing profit at the expense of the consumers, the tenants. The first problem, therefore, is that of the distribution of the value increment of the land. But the universal need on the one hand, and the scarcity of the commodity on the other, raises a second question, namely, does the present system of land tenure insm*e the best utilization of the land; since apy misuse of the land by self-seeking individuals affects the social well- being. The evils charged to the present system of tenure I ^^ are briefly: (1) speculation in land; (2) the so-called housing^J--''''''**^ problem; (3) the misuse of natural resources. I y'^^^The charges against speculation in land are that it fosters I V the monopolization of an indispensable commodity; that j y it artificially screws up the value of land; that it enriches / one class at the expense of society in general. It is claimed I that in cities a great deal of ripe building land is kept out S of use by speculators who wait to pocket the profits arising from the appreciation in value. In this way they control or affect the supply Hke other monopolists, and through this practice rent in urban communities is unnecessarily THE TAXATION OF LAND VALUE exorbitant. As a further result, it is contended, the masses, upon whom the expenditure of rent falls most heavily as compared with the wealthier classes, are compelled either to resort to poorer dwellings, in the unsanitary and congested districts, or to give up a greater proportion of their income for rent, leaving other urgent wants unsatisfied. It is further charged that the private appropriation of land value breeds and perpetuates an idle class who contribute nothing to the improvement of the land or to social well- being. Such are the criticisms and problems which the phenomenon of urban land-value increments awakens. As for mines and forests where speculation is also ram- pant, it is not so much the matter of distribution of the value, as the matter of conserving the natural resources, which calls for solution. Yet, it must not be overlooked that in this country, at any rate, the mineral and forest wealth is in the possession of a comparatively small group of persons, who practically control the prices of the nat- ural products. The recent protests of the governments against the wasteful management of the natural resources which is a menace to social welfare is proof of the necessity for reform. As regards this class of land, therefore, the most expedient use of the resources must be considered. All the above-mentioned problems fundamentally in- volve the expediency of private land ownership. Before, however, the latter is even considered, certainly before any conclusions can be reached, it is necessary to raise the questions: How rampant is speculation in land? What evils does it create? What are the extent and effect of bad housing? It is to the examination of these conditions that we now turn. 10. That speculation in land exists needs no elaborate proof. The value of land is subject to change, and the es- sence of speculation in any commodity consists in the anti- cipated fluctuations in its value. Yet there is a marked distinction between the speculation in land and that in THE TAX AS A SOCIAL REFORM S71 other commodities which deserves mention. We note that practically no real estate stock is sold on the stock ex- change in this country/ and that no dealings in realty on the other exchanges occur.'^ The explanation for this lies in the peculiarity of land speculation, namely, that no short selling in land occurs. Land speculation is always " bul- lish." 3 The fact seems to be that of all investments real estate is considered the safest and as yielding the most permanent income. " Nothing is more solid and permanent, more en- during in its nature and steadier in its value during cycles of time. Land cannot be destroyed, burned up, carried away by thieves, worn out or lost, nor can its real value be * watered* by exploiters and impaired by the peculations and speculations of dishonest bank or corporation offi- cials." ..." It has been proved that the element of gamble in realty is less than in any other venture. Life itself is not so certain. ..." * It is said that no commodity is so little affected in value during depressions as land. Some one has described the cycle of speculation somewhat as follows: At the beginning of a "boom" period there is but slight demand for real estate; at such times even realty dealers * In New York, for example, the stock of only one real estate company is listed on the Stock Exchange. Cf. Practical Real Estate Methods, p. 273. * So, too, guaranteed real estate mortgages are not attractive to speculators. Real Estate Magazine, October, 1912, p. 55. * Dr. Eberstadt calls attention to this fact as follows: " Speculation in land is one-sided speculation; it differs decidedly from other kinds of speculation, such as, for example, speculation in stocks and grain. In the latter, the bids are up and down ('long' and 'short'), and in such trans- actions two parties try synchronously to further their diametrically op- ^ posed interests. In land, on the contrary, no one can speculate 'short';' without exception speculation tends to bring about a rise in price. Irre- spective of the ownership, speculative land values are always ' bullish.' By this very fact speculation in land assumes a singular position as com- pared with all other objects of speculation." Translated from Die SpelcU' laiion im neuzeitlichen Stddtebau, pp. 30-31. * By an enthusiastic realty dealer. SeeChic&go Real Estate News (1909), p. 186; also Kirkman, " Real Estate," in Biuinets, Commerce and Finance (1910), p. 819. S7 THE TAXATION OF LAND VALUE turn to the stock market. Everybody invests in personal property. Then the demand for realty improves, and so does its value. Although real property is the last thing to be affected, the speculative mania does finally set in, screwing up the value of land. The result is an overvalua- tion of property that cannot last long. As some one put it, "after real estate speculation comes the deluge." ^ It is these "fictitious" values that when the panic sets in need readjustment for the most part.'^ Aside from this element of safety and aside from the "bullish" character of the specu- lation in land, the fact that real estate security constitutes poor collateral for banks, makes this class of property a less attractive commodity for exchange speculation. Thus speculation in land must be placed in a class by itself.* 11. Since the essence of speculation is to buy cheap and sell dear, we find the best examples of land speculation in new settlements where there is an abundance of free land, e.g., in the United States when first settled, the Austral- asian colonies, or western Canada. With the extended use of minerals in industry, mines formed an especially fertile field for speculators. And as urban communities as- sumed greater and greater importance, a fmlher field was opened up for speculative operations. So long as free and cheap land existed, the speculator was generally an indi- vidual. All he had to do was to invest in a piece of land in 1 Carney, How to Buy and Sell Real Estate at a Profit, pp. 202, 207. * While stocks fell during 1907 more than half in value, real estate values were said to have depreciated very little and there were fewer foreclosures than in normal times. Practical Real Estate Methods, pp. 232-33. * This anomalous character of the real estate market explains what to Mr. Cederstrom (cf. Unjust Taxation) seems irreconcilable, namely, the continued increase of real estate assessments in New York City diu-ing a time of a depressed market for real estate. The fact that p>eople prefer some other investments to real property by no means signifies that real property has fallen in value. There is no overproduction or oversupply as in case of reproducible and perishable commodities. While the market activity, no doubt, in the case of real estate also, is an index to general values, yet the actual, stable value of land will rise without a market, pro- vided the demand for dwellings and raw materials continues to rise. THE TAX AS A SOCIAL REFORM 875 a district which he expected to develop, sit down and wait until the anticipated value was realized. For example, lots in the Bronx, New York, which sold in the eighties for $200 are now valued at $16,000 to $18,000 apiece. One who at that time invested $60 or $65, if he retained posses- sion, can now sell the land for $6500 to $7000.^ The returns, to be sure, were not immediate, but one of the cardinal traits of the land speculator is patience. Here is an actual illustration of a speculative transaction: In 1853 Morris sold to Nimphius a parcel of land, 150 feet front, for $300; in 1895 two lots of the parcel were sold for $9500. The fol- lowing year the owner received from the city for exercising its right of eminent domain, for 9 feet, $40,000. In 1900 he received $70,000 for the balance of the land, making on his outlay of $300, $119,500, be^des the usufruct of the property for fifty years. ^ Another person similarly reaUzed, on an investment of $8000, $295,000 plus the rent of $4000 to $5000 annually. In this connection it may be pointed out that many of the milUonaires owe their vast fortunes in part to land-value appreciations. The Astor fortune of $450,000,000 is a standard example. Accord- ing to one writer ' eighty-nine per cent of the million- aires started with real estate investments, and sixty per cent continue to invest in it largely. But land speculation is no longer the same as it was even a generation ago. Of coiu*se, to this day, let the building of a railroad or a subway be contemplated and the surround- ing ground becomes appropriated, to be sold at a profit in the future. Or, let a new mine be discovered, and not only the mine but the country round about is soon in the hands of promoters or speculators. " Long Island's waste land," quotes Marsh,* "is much of it held now by speculators Practical Real Estate Methods, p. 349. Ibid., p. 354. Real Estate News (1909), p. 186. Quoted from Cincinnati Real Estate Bulletin. ^ * Op. cU., p. 70. S74 THE TAXATION OF LAND VALUE who, paying no taxes to speak of and undoubtedly in many cases none at all, can afford to wait for the natural rise. . . .** In Brooklyn, where a subway is waiting construction, 20,000 lots, assessed at a value of $15,000,000, are in the hands of speculators, who are waiting for the value incre- ments.^ Speculation in suburban and vacant land to-day, however, is mainly in the hands of realty dealers or of " de- velopment" companies. Land speculation, according to realty men themselves, is a profession, the four requisites of the speculator being time, capital, courage and judg- ment.2 "The real estate operator at one time was a drone in the community. He was really a real estate speculator, would buy and sell at a profit, but would do nothing him- self to create increased value. To-day realty operating is a profession, and the speculative side is very unimportant." That is, the real estate operator must be familiar with the market situation, with the economic conditions which in- fluence values, and he must recognize, too, the social forces which tend to build up the community. In this country, speculators in land are in the main individuals, while realty corporations are comparatively few; ' in Germany, on the contrary, the latter are said to control realty operations. In the German cities, especially in Berlin, professional realty speculation is said to flourish as nowhere else. These corporations resemble the so-called "development" companies of this country in that build- ing forms part of their operations. It is claimed that the seventy-three or more " Terraingesellschaf ten " have practically controlled building operations in Berlin and its suburbs. In fact the magnificent apartment houses of un- Marsh, op. cit., pp. 108-09. " It is stated that withm five years after the completion of the Market Street subway-elevated road in Philadel- phia the assessed valuation of the property within its sphere of influence increased in value by $130,000,000. The cost of the subway was in the neighborhood of $20,000,000." Real Estate Magazine. July, 1913, p. 84. Practical Real Estate Methods, p. 235. In Illinois realty corporations are forbidden by law. THE TAX AS A SOCIAL REFORM 375 iform size and structure in and around Berlin are attrib- uted to the activity of these speculators. The extent and character of these operations is shown in the following statement by an American realty agent: * "I have great respect for the magnitude of our realty operations in New York, but Berlin can make us sit up and take notice when it comes to buying undeveloped suburban land and taking chances. Imagine a seventeen-million dollar deal in vacant lots in New York. Recently a part of the Tempelhof Parade Ground was bought by a syndicate from the gov- ernment for 72,000,000 Marks." Then he tells how the Schoenberg apartment-house quarter was founded by the President of the Berlin Realty Company, which has paid one hundred per cent dividends annually for years. The president formed a syndicate and bought the site which ten years ago had been farm land. " It took him several years to get control of what he wanted and he then started to lay out model streets on curved lines." This land was afterwards sold to building contractors, but the realty company retained control of the architectural de- signs. In this manner some sections of Charlottenburg, Grlinewald, and other suburbs were foimded.^ 12. From the social standpoint it is questionable whether this changed character of land speculation is an improvement. To-day the professional land speculator and the building operator are generally combined in the same person. Or they form a corporation. The methods of operation vary. In some cases the speculator borrows money with the land as security to finance the building. Or he may arrange with the building contractor for the construction of the building, and thus undertake opera- tions involving hundreds of thousands of dollars with only a small sum of his own. In many cases speculators have manipulated deals so as to get both the value of the lot Chicago Real Estate News, (1911) p. 169. * See Voigt, Grundrente und Wohnungafrage in Berliiit pp. 218^. . 876 THE TAXATION OF LAND VALUE and house, the latter costing him practically nothing. This is said to be a common practice in New York State where he can exploit the workmen, because in New York State the mechanic's Uen does not take precedence over a mortgage claim except when such a claim is recorded prior to the recording of the mortgage.^ In fact, between the speculator, the loan association and the building contractor, many kinds of frauds and socially disadvantageous operations are perpetrated. For example, some cheaply built, ill-equipped houses are often erected, advertised, and sold to workingmen for the most part at a price exceeding enormously the actual value of the property. Nor is this all ; in most cases the terms of sale are so manip- ulated that after a failm-e to pay interest on the mortgage, the property reverts to the sp)eculator, who repeats the deal, exploiting one person after another. Through cooperation with building-loan associations enormous sums of capital are put at the command of land speculators, which must facilitate their control of the com- munity's housing. WTiole towns have been established, streets laid out and houses built by such operators, who reap enormous profits through the growth of settlements and of industry. A recent illustration is Gary, Indiana.^ It is claimed, of course, that these land promoters, by develop- ing the subiu-bs and erecting houses, are benefactors to the city population in relieving the congestion of the cities. This to a certain degree must be admitted. Nevertheless, when the importance of the commodities they deal in, i.e., land and houses, are considered, the expediency of putting the welfare of the community into the hands of money- making corporations may well be questioned. ^ Practical Real Estate Methods, p. 217. This has been declared, by the decision rendered in AUis-Chalmers Co. vs. Central Trust Co. (190 Fed. Rep. 700), to hold everywhere. * The Gary Land Company, the real estate department of the United States Steel Corporation, is described as the largest real estate corpora- tion in the world. See Chicago Real Estate News, August, 1912, p. 141. THE TAX AS A SOCIAL REFORM 877 One kind of operation, for example, undertaken by the above-mentioned cooperative speculators and financed by banking or other loan associations, is the erection of the magnificent apartment houses in suburban districts. The timehness, that is, the need for these is in question. Ac- cording to some realty authorities these operations in New York City (the upper part of the city) have been losing ventures because untimely. In Germany the erection of these tenements or " Mietkasernen " has given rise to a great deal of controversy as to their social value. ^ The enormously rapid growth of speculative building operations in communities scarcely iu*ban has been pointed out by Professor Eberstadt as a social evil. Quoting from a work entitled, " Viel Hauser und Kein Heim," he illustrates his theory that besides its untimeliness, speculative building drives up rather than reduces rents. ^ In the city of Cassel, according to him, a wealthy man bought up some land which would have yielded a good profit at twenty-five marks per square metre, if three-story hoases with gardens had been erected thereon. But the landowner had tall tenements put up to yield him a rental from fifty to seventy- five marks per square metre. This resulted in higher rents to the tenants; but because of the oversupply of apart- ments, many of which remained vacant, the income of the landlord was no higher than if the three-story houses had been built. This violation of the law of supply and demand is illustrated also by the facts in om* cities where, in spite of the imsatisfied demand for better dwellings, many apart- ments stay vacant indefinitely. A significant example of this is furnished by St. Louis. A few years ago it was esti- * The chief contestants have been Dr. R. Eberstadt who holds that the "tenements" are socially injurious as well as the cause of high rent, and Dr. Andreas Voigt, who has defended the erection of these buildings in Kleinhaus und Mietkaseme. Brentano asks: " Woher kommt jene Teuerung der Wohnungen, die sich gerade in den 90*' Jahren in steigendem Masse fiihlbar gemacht hat? Die Antwort lautet: Es ist die Folge der Wohlorganizierten Terrain- gpekulation." Cf. Soziale Zeitfragen (1904), vol. xvii, p. 7. * Eberstadt, Die Spekulation im neuzeitlichen Stadiebau, p. 15. - 378 THE TAXATION OF LAND VALUE / mated that about 11,000 houses and flats in St. Louis, ex- / elusive of stores and oflBces, were vacant. Nevertheless, rents were said to have been higher there than in Chicago.* The reason is probably, as in the instance cited from Eber- stadt, that it is to the advantage of the owner who is a speculator ^ to keep the houses vacant rather than to reduce the rent, for by reducing the rent the market or capitalized value of his property is depreciated. 1 l/^ 13. A graver charge even than those discussed above is f f that m urban communities land is kept from its best utili- * ^ ' zation by owners whose chief interest Ues in the value in- t crement which the property will in time realize. That the withholding from market and from improvement of land ; situated in the heart of a populous city causes unnecessary I enhancement of rent is logical. The question is whether I there actually are so many such undeveloped sites ripe for I building as to cause concern to the community. Full data I regarding this point are lacking. Upon an examination of { the assessment roll of the downtown section of Chicago I the central business property from the river to Sixteenth \ Street and the river to Lake Michigan ' not counting i the property owned and occupied by the raihoads, nearly ; one hundred vacant lots with from twenty-five to two / hundred feet frontage each were enumerated by the writer. / The number of frame buildings, moreover, of trifling value ( was considerable, although most of these deteriorated I structures were on the outskirts rather than in the center I of this section. But taking Chicago as a whole, the propor- tion of vacant lots would undoubtedly be much greater than in the business center. Valuable data in regard to vacant land in New York City are reproduced in the following table: * Chicago Real Estate News (1909), p. 136. * There are few urban or other landowners who are not speculators, i.e., who do not anticipate an increase in the value of their property. * See Assessed Value of Property in Chicago, compiled by Chicago Real Estate Index Company, issue 1908-12. * Report of Commissioners of Taxes . . . of New York City (1913), p. 67. ^ 2 CO 00 1 oc r- < s 9' << 5 ^ PH r4 FN CD ^ S 15 3 i> 3 fe (^ 00 l^ I-H t^ oo ^ ^ o I-M GO oo ^ 13 c f. (M o q CO 09 00 CO o> o oo 00 OS t> ^ oc t- CO I- 1>H o> o F-^ oi 00 00 o CD -* rH <-l f-4 1-4 PH ee ** .. -5 5 CD o 00 J o 00 >>< 00 S3 ^ ^ 1 ^ ^1 o o q 5 (M 00 >o CO S s ^ 1 l-t O) 00 rH ^ 9) 1 11 "* t- > 00 00 I-l o W w 00 1> g M o 00 PH OS i-^ rH CO -s> 00 ^ >* S O CO * - 00 2 fH s >e c 1 a 1 * 1 C 1 1 a J -5 1 i f s d 380 THE TAXATION OF LAND VALUE With reference to the above table it is evident that there are relatively fewer vacant lots in Manhattan than in the other boroughs. In Manhattan, where property is so enormously high, rents so excessive, and the tax rate on improved and unimproved land alike so heavy, it is less profitable to keep land vacant than in Queens, where 62.5 per cent is unimproved.^ The demand for dwellings is also less in the latter borough; perhaps much of the land is not yet ripe for building purposes in Queens. Nevertheless, the enormous value of this vacant land, over 142 million dollars in Queens alone, is significant. When it is considered that in all the boroughs about 645 millions represent specu- lative values, since the vacant property does not yield any annual income, the problem as to the regulation of private ownership of land in New York City is seen to be a serious one.^ Moreover, the number of vacant parcels enumerated by the tax assessors does not include land with deteriorated and almost valueless improvements upon it.^ During the Lloyd George Budget agitation, the discus- sions with regard to imdeveloped land revealed the condi- tions in Great Britain. For example, it was said that one- fifth of the land within the boundaries of the County of London lay vacant; that in Edinburgh 2000 acres of un- ^ According to the report of the tax commissioners, vacant parcels were frequently acreage plots in the suburbs, so that the actual area vacant is greater than indicated in the table. See Report (1913), p. 64. * The serious consequences of keeping land out of use and underde- veloped is recognized by the President of the Allied Real Estate Interests, Allan Robinson, as appears from the following exhortation to the ' real estate ground hog': "But the owner of underimproved property has a responsibility to the community in the same way that the owner of un- improved has. . . . Inertia and hoggishness on the part of real estate owners underlie the Single Tax menace. . . With the removal of the causes which have brought about the Single Tax agitation and a changed point of view on the part of real estate owners and brokers as to the duties of land ownership, the Socialistic campaign aimed against real estate will die of its own weight." {Reed Estate Magazine, October, 1913, p. 63.) * " Every parcel which contains any improvement, however slight, is counted as improved." Report of Commissioners of Taxes of New York City (1913), p. 64.. THE TAX AS A SOCIAL REFORM 381 used land excluding parks and gardens were kept unused, " until a clear feu-duty of 160 per acre per annum can be obtained." ^ It was estimated in 1892 that in Manchester the total area of vacant land (excluding gardens, roads, and other land unsuitable for building purposes) was 4200 acres. In Birmingham, out of 13,477 acres, 3500 were un- built upon. It was shown that in Bradford the density in some sections was 301 persons to the acre, although the average density was only 21; and that of 10,776 acres of the land in that city, 4512 acres available for building were still vacant. Indeed, two-fifths of the entire population of England and Wales, it is claimed, are crowded on about one eight-hundredth part of the total area of the country, another two-fifths occupy a little more than one two- hundred-and-fiftieth part, and the remainder are scattered over the rest of the land. There is, however, more reason for the withholding of land from use in European countries than in the United States. In England unimproved land is not taxable imder the rating system, and the land is largely inherited. In this country, to hold vacant or undeveloped land involves the payment of taxes and special assessments as well as the foregoing for a long time of the return on the capital in- vested. Real estate authorities confirm this opinion. " Where assessed valuation and taxes are both high, there is no money to be made in holding vacant land for an in- definite period. Every lot which is worth say $3000 and which is unimproved has annual charges against it of at least $200, not to speak of assessments. This charge is so heavy that it usually counterbalances the increase in value. Money made in vacant land accrues to purchasers who are shrewd or lucky enough to buy at just the right moment, ' Chomley and Outhwaite, Land Values Taxation in Theory and Prac- tice, pp. 73 Jf. In the Town Council it was said that Edinburgh contained 8000 acres rated at agricultural value. Cf. The Budget, the Land and the People (1909), pp. 68/. 882 THE TAXATION OF LAND VALUE and who capture a quick profit." ^ Or, as another one puts it: * "Unless a lot doubles in value every five years, its value will not keep pace with taxes, special assessments and interest." In cities, therefore, as in New York, where an earnest attempt is made to assess landed property at its full value and where the tax rate is considerable, specula- tion in vacant land is probably less prevalent than in other cities. Nor must it be thought that such speculation is always profitable.' Concerning vacant land that bears an urban value, so much may be said in conclusion : either the land is not yet ripe for building, or if ripe for building it is deUberately withheld from utili25ation. In both cases the purpose is speculative, but it is only in the latter that the practice is reprehensible. And yet the following considera- tion deserves attention. In a large, congested city, where land values are high but stable,^ and taxes high, the ordi- nary investor will more likely find it profitable to build upon his land, if only to cover its annual cost. This holds true even of the land owned by the thirteen milhonaire families quoted as the landed monop>olists of Manhattan. For of the 205 or more millions of land value owned by them, less than ten miUions comprise vacant land.^ To be sure this does not take into account the underdeveloped land held by them. 14. Another evil which speculation in land is known to foster concerns the investor. Of course it will be said that speculation of any kind is a game in which the investor Chicago Real Estate News, April, 1912, p. 53. ' Reed, Science of Real Estate and Mortgage Investment, p. 77. See also Practical Real Estate Methods, p. 242. ' " They do not hear of the thousands of unsuccessful prospectors or the many thousand proprietors of vacant property who wait for years for an improvement in values and finally see their profits disappear in interest charges and taxes." Real Estate and Builders' Guide, March 16, 1912, p. 540. * Not constant, but in the sense of steadily increasing. * From a statement by the Society to Lower Rents and Reduce Taxes on Homes. THE TAX AS A SOCIAL REFORM 383 consciously takes a risk, and must bear his losses. In land speculation, however, it is not a mistaken judgment in the investment so much as the system of mortgage which most often ruins him. The heavy indebtedness incurred by the purchaser results often in foreclosure, by which the mort- gagee profits by more than the value of the mortgage. According to Professor Eberstadt,^ six and one-half thou- sand million of the seven and one-half thousand million marks, the estimated value of the occupied land in Greater Berlin, were mortgaged. The general phenomenon of in- debtedness and land speculation is described as follows by Professor Adolf Wagner: ^ "The factors which enter into this tendency are the fluctuations in the current rate of interest and of the rent. With the fall in the rate of interest and with the increase in rent, the capitalized value of land tends to rise. This induces the people, even with borrowed money, to invest in land. If the market price continues to rise as expected, the reahzation of profits is sought by con- tinuing the sales, and this by means of more borrowed capi- tal. The gratifying terms of credit which the banks offer at such times only draw more men on to such transactions. Then the market value changes, a higher rate of interest ensues, and, in consequence of the improved transportation facilities, the rent falls, tending further to decrease land values. The value of the land no longer covers the capital invested, there ensues a crisis in real estate, and mortgages falling due, the land is sold at auction, and once more the moneyed interests profit from the transactions." Occur- rences of enormous gains in this country which have ac- crued to individuals as a result of such foreclosures could be readily cited. One example must here suffice. Mr. Hurd ' tells of a piece of land 89 feet by 99 feet in Denver, Colo., ^ Op. cit, pp. 54, 207. Land speculators are called by him " Prekaristen, die von der Gnade unserer Institutionen leben." * Grundlegung der Politischen Oekonomie (1894), Pt. II, p. 389. (Trans- lated freely from the German.) * Principles of City Land Values, p. 131. 884 THE TAXATION OF LAND VALUE which had been bought on a tax title many years ago for $500. In 1890 it was leased for $14,000 annual net ground rent for a period of ninety-nine years. That made the land value $280,000 capitalized at five per cent. Every front foot of ground was thus worth $3150. A nine-story building was erected upon it in 1890 costing $325,000. In 1894 the net rents were about $17,500. The leasehold was mort- gaged for about $75,000, and when the rent dropped, the building was surrendered to the mortgagee and then to the ground-owner, who thus acquired the building and the land, worth together $330,000, for an original outlay of $500. Such losses, however, are attributable to miscalculations and short-sightedness such as appear in all speculation. Speculation in land cannot be condemned on account of this evil alone. And yet, when, as in Germany, mortgage mdebtedness has proved a means of exploiting the farmer or peasant class, and a means also of concentrating farm land in the hands of the few, speculation in land which facilitates and creates indebtedness among the less wary I owners should be subject to regulation.^ 15. Conclusions: Land speculation may prove socially injurious in four ways: (1) by preventing the best utiliza- tion of agricultural, mineral, and forest land; (2) by keep- ing land ripe for building out of use; (3) by controlling building operations; (4) by overcapitalizing the land. It is evident that agricultural land no longer offers such a fertile field for speculative operations as formerly. The immense wealth amassed by individuals as a result of the generous land grants and speculative operations will not be duplicated anywhere soon, but should serve as a lesson to statesmen in their land policies of the future. Even yet, however, when this country has been almost all appropri- ated, agricultural land speculation in the United States has not ceased. Thus the hope of reclaiming some of our * CJ. Buchenberger, GrundzUge der deutschen Agrarpolitik (1897), pp. 78/. THE TAX AS A SOCIAL REFORM 385 western prairies by means of irrigation has given rise to more speculation, resulting in the appreciation of from one hundred per cent to one thousand per cent in the value of some of our western farm land. Sites unsalable at $2 per acre ten or twelve years ago now command $10 to $15 per acre. ^ In general, nevertheless, it cannot be claimed that speculation has led to monopolization in agricultural land. For particular countries and localities, however, the appropriation and withholding of vacant land may entail social losses. The following illustration from Australia will show how this can happen : ^ " In every one of these colonies millions of acres of the richest agricultural land, with ample rainfall and near to markets and ports of ship- ment are used for mere grazing purposes. As a consequence most of the farmers were forced to settle on poorer land, farther from markets and ports, and where the rainfall is less abundant. Land fit only for grazing is thus used for agriculture, while the land fittest for agriculture is used for grazing only." Enough has been said about the practice of keeping land vacant or partially utilized in the heart of large cities. It will be noted that several factors determine the extent and effect of this kind of speculation. While high carrying charges and taxation on capital value make the withhold- ing of land unprofitable, they do not foster its best utiliza- tion. Nevertheless, the conditions of congestion are so vari- ous in this country, that there are comparatively few cities where the withholding of urban land is as yet a social menace. Only a careful study of the housing problem could decide in each case the harmful effect of uncontrolled build- ing operations. Although on the whole our American cities may be said to suffer from the laissez-faire housing system that pre- vails, attention must also be called to a species of controlled Chicago, Real Estate News (1910), p. 106. * Hirsch, Democracy versus Socialism, p. 131. 886 THE TAXATION OF LAND VALUE building to be equally deprecated. We refer to the laying- out of towns by "development" companies. Gary, Ind- iana, is an illustration. The Gary Land Company not only graded, laid out, and subdivided the land and under- took the house building, but to this day it withholds the deed of sale from the purchasers of the lots until they shall have complied with the agreement to build within a cer- tain time and on plans approved by the company. ^ How- ever praiseworthy the intentions of certain of such under- takings, abuses of the power which such operations involve can easily be imagined.^ Overcapitalization of land, though a common phenom- enon, varies in degree and extent. It is commonly known that suburban land is largely in the hands of speculators. Land near cities, the normal value of which for farming is from $50 to $100 per acre, and for gardening from $300 to $1000, may be held at $500 to $5000 per acre by specu- lators, who estimate values in accordance with the antici- pated earnings of the land when it shall have secured the expected utilization.* As to the evil of inflated values, it would seem that this would aflfect only the less shrewd in- vestor, who when values declined to the actual earning capacity of the land might be ruined. From his stand- point we might see nothing unusual in land speculation as compared with speculation in general. But just as over- ^ Chicago Red Estate News, 1912, pp. 141-42. ' An interesting example in point is thp Pullman City experiment. Mr. Pullman had erected, not only the dwellings for his workmen, but a library, hotel, church, etc. The latter remained vacant for some time, because there was no denomination large enough to pay the required rental. The arbitrary control which the Pullman Company might have exercised over the residents can easily be imagined. Indeed, the possibil- ity of misusing the powers which the company had over the living con- ditions of its employees led to the decision of the court in 1899 requiring the Pullman Car Company to dispose of all its real estate holdings not used in the industry. Cf. Report of the Commissioners of the State Bureaus of Labor Statistics on the Industrial, Social and Economic Conditions of Pull- man, III. (1884), p. 12; also Carwardine, The Pullman Strike (1894), p. 20. * Cf. Hurd. Principles of City Land Values, p. 133. THE TAX AS A SOCIAL REFORM 387 capitalization in other industries indirectly may enhance prices; so to a greater degree as concerns dwellings, the choice of which involves so many factors besides rental, rents may very likely be affected. To take, for example, the value of land in Chicago; are we to beUeve that the landlords who bought their property on the 1889 basis, to which we are told the value of real estate is only now apn proaching, have been on the whole recipients of less than the expected interest on their investment until the present? Or, in spite of the law of competition,^ did the landlord in many cases not find ample excuse for charging a higher rental because he had overpaid? On the whole, therefore, as we contemplate the import- ance of the commodity which is made the object of specu- lative operations, when we consider that the speculator is guided by the possibilities of greatest gain to himself, a motive not always in accord with social welfare, when we recall that the problems of suitable housing and of the con- servation of natural resources are involved, speculation in land is not an unmixed good.^ On the other hand, consider- ing that the complete suppression of speculation involves practically the abolition of private property, and consider- ing the difficulties in the way of such abolition, even if found expedient, this solution is problematical. Govern- ment restriction, however, has been, and will undoubtedly continue to be employed in checking the abuses of specu- lation in land as they arise, and when and where they be- come a menace to the public welfare. The efficacy and expediency of the land tax in suppressing speculation will be considered in connection with the housing problem. * The frictional forces that prevent the operation of this law will be discussed in the following chapter. * The fact that in some countries, e.g., England, Germany, many muni- cipalities have been compelled to purchase land and to undertake the building of houses for the working classes is a sign of the inadequacy of the present system of realty operations. C/. infra, chapter ix, 10. CHAPTER IX THE TAX AS A SOCIAL REFORM (CONCLUDED) 1. The growth of cities in the nineteenth century has given rise to numerous social problems, among which there is none more vital than the housing problem. It is unneces- sary to point out that shelter constitutes one of the indis- pensable conditions of existence, nor that land is requisite for the provision of dwelling places. The latter fact shows the relation between housing and land values, for any in- fluences that affect the value of land in any community will be reflected in the housing system of that community. Shelter, it need scarcely be pointed out, means more than protection from the physical elements; it implies all that we to-day regard as essential for the physical, moral and intellectual development of the individual. The home is the basis of the "sacred" family relationships, of physical efficiency, of sociability, of profitable leisure, and of char- acter unfolding. Social workers especially are well aware how the eco- nomic, moral, and social welfare of the greater part of the urban population, if not of the entire population, is af- fected by the housing facilities. We need only reflect that from twenty to thirty per cent of the income of the major portion of urban dwellers is expended for rent, and that the industrial development of a community, moreover, is dependent upon the accessibility to suitable locations, to understand how the economic interests of the population are rooted in the housing problem. How the social well- being of a community is hampered by such evils as con- gestion and overcrowding within the home, insanitary buildings, dark and poorly ventilated rooms, the lack of open spaces, has recently been shown in numerous trea- THE TAX AS A SOCIAL REFORM 889 tises, in the reports of commissions and congresses, and in various hygienic and social exhibits.^ It has been well established by statistical reports that health is greatly undermined and the death-rate enhanced by insanitation and overcrowding. The high death rate of infants has been attributed to these causes.^ " It was the opinion of physi- cians who appeared before the commission that if the occupancy of the dark rooms now legally occupied is per- mitted, we shall continue to have in the city about 28,000 new cases of consumption, and 10,000 deaths from consumption every year." ' When we consider that sick- ness means unemployment and means greater expenditure for medical treatment, the seriousness of the housing problem becomes more obvious. Of no less vital import- ance are the moral influences of insanitary, improper home conditions. It is claimed that the lack of suitable surround- ings in and about the home where the child may play is responsible for much of the delinquency found in large cities. Crime too has been traced to a lack of proper home conditions. This was recognized by the eminent jurist, Liszt, who is credited with saying,* "A reasonable reform in housing is worth more than a dozen penal laws." Another grave evil due to overcrowding is the violation of the recognized standards of decency. In short as Dam- aschke puts it, "Schlafstellenunwesen, Prostitution, Al- koholmissbrauch, Zunehmen des jugendlichen Verbrech- * To mention a few: The Ninth International Housing Congress held in Vienna (1910) ; the Tenement House Commission of New York (1900); the New York Commission on Congestion (1910); Housing Exhibits in Chicago and New York (1913); Hygienic Exhibit in Dresden, etc. See The Tenement House Problem, ed. by R. W. DeForest and L. Veiller. * Dr. Meinert, a physician of Dresden is quoted as saying: " Wir suchen den Feind wo er sich nicht befindet. . . . Die Prage der hohen Sauglings- sterblichkeit ist im wesentlichen eine Wohnungsfrage." quoted from Mangoldt, Die Stddtische Bodenfrage, p. 892. See Eighth Special Report of the United States Commissioner of Labor (1895), p. 79, where the high death-rate in cities is attributed to housing conditions. * Findings of the New Y'^ork City Commission on Congestion (1910). * Damaschke, Bodenreform (1912), p. 7G. 390 THE TAXATION OF LAND VALUE ertums das alles ist in seinem engen Zusammenhang mit Wohnungsnot und Wohntmgselend heute in alien ernsten Kreisen bekannt!" ^ 2. If these be some of the serious effects of bad housing upon health and social efficiency, we must ask where and why this evil has arisen. The "slum" consti- tutes to-day a definite section of most of the populous cities, but displays its worst features in London, Dublin, and in about half a dozen cities in the United States. The housing problem is, however, by no means limited to these cities. We may affirm that not only urban but also rural communities suffer from insanitary dwellings. In Berlin and the other German cities, for example, you look in vain for districts resembling Whitechapel, or the East Side (New York), yet investigations in German cities, some scarcely urban, have revealed startling conditions of over- crowding. A large percentage of families occupied but one or two rooms, while many homes were found in which more than six persons were living in a single room.^ Ac- cording to reports and statistics conditions are not better in English cities. To give a few examples: In Glasgow 100,000 persons, or one-fifth of the whole population, are reported as living in one-room dwellings. In Liverpool thousands of basements and alley houses in dilapi- dated and intolerable condition, without air and sun, are utilized as homes.' As regards overcrowding, conditions are nowhere comparable to those in Berlin and New York. In both cities the " skyscraper " predominates. But while it is claimed that three-fourths of the popula- tion of New York live in tenements, we find that of all the houses in Berlin 93.79 per cent are occupied by ten- ants, 2.57 per cent by proprietors, and 3.64 per cent by * Mangoldt, op. cit., pp. 396-97, * Damaschke, op. cit., p. 69. Cf. also Eberstadt, Handbuch des Woh- nungswesens, passim. * Fuchs, Zur Wohnungsfrage, pp. 118-19. THE TAX AS A SOCIAL REFORM 891 servants. The extent of congestion in Berlin is further- more proved by the following fact: In London there were found to be 7.93 persons to a building site, in Berlin, 76.9 persons.^ 3 The causes of these intolerable conditions are chiefly economic and social. Few cities have originally been laid out deliberately. For the most part their growth has been haphazard. Building permits and sanitation laws were later developments.^ Contractors and owners had houses constructed without regard to artistic design, or uniform height, but after their own sweet will and with the sole purpose of personal gain. It is this laissez-faire policy which is responsible in part for the "slum" conditions. A more fundamental cause is the economic factor as it touches the tenant. If we study the population of the "slum," we find that the south European immigrant pre- dominates.' We know that his standard of living is much lower than that of the country to which he emigrates, such as the United States or England, and that his intention in leaving his native country is to earn and save as much money as possible, often with a view to returning to his native country. Hence we should expect him to settle where rent is the lowest. And so he does. If, now we in- quire where rent is lowest, we find that it is generally in the oldest part of the city, which on account of social changes and of the industrial development has been abandoned by * Pohle, Die Wohnungsfrage, vol. i, pp. 37, 43. The prevalence of tenements is not always a sign of insanitation, but the congestion and construction of the cheaper dwellings tend to make them insanitary as well as to destroy the privacy of home life, and to hinder home-ownership. * For New York the sanitation law of 1882 related to tenements and lodging houses. A similar law was passed for London in 1891. Cf. Eighth Special Report of the Commissioner of Labor (1895), chapter ii. ' In St. Louis, for example, the poorest district was inhabited by Jews, who constituted 28.4 per cent; by Italians, who constituted 27.5 per cent; and by negroes who formed 15.7 per cent of the whole number of residents. The Poles were 13.1 per cent and other various nationalities 15.3 per cent. Report of the Housing Committee of the Civic League of St. Louis (1908), p. 84. 802 THE TAXATION OF LAND VALUE /the native population for uptown residential sections. .Here, where encroachments of all kinds are tolerated and ; where houses have become unfit for habitation, the immi- grant makes his abode. If these insanitary structures are condemned by the building inspector, they are superseded by tenements. The large capital invested in these new structures and the great demand for houses in the "slum" district, cause rents to rise above the level in the suburbs or on the periphery of the town. Then the immigrant is com- pelled to take in more lodgers, to resort to the most in- sanitary, ill-equipped houses (unless the law condemns them all), and to make dwelling-places out of basements, garrets, and dilapidated rear houses. Viewed from another standpoint the low wages of the immigrant may be said to be responsible for the congested and otherwise insanitary conditions. It will be remembered that it is in the " slums " where the sweat shops are to be found. In those sweated industries the insufficient wage forces a lower standard of existence upon the worker. Added to the economic is the social factor. The concen- tration of population is generally within the industrial center, where the workmen may be near their places of employment. This section corresponds to the oldest and most undesirable part for residential purposes. Now, when once settled, clannishness, that great social force, tends to keep the persons of one nationality and family together. The strength of this factor of sociability and family ties in engendering the "slum" district is seen in the unwillingness of tenement dwellers to move to cheaper and at the same time more desirable quarters in the city. That racial and social forces are responsible in part for the "slums" is further made evident by the fact that only where immigration has gathered a large number of foreigners does a Whitechapel or an East Side make its appearance. 4. In view of these conditions it may well be asked, is THE, TAX AS A SOCIAL REFORM 893 it the high rent which creates a lower standard of living among the immigrants, or is it the immigrant and his clannishness that raise rent ? The relation between them is reciprocal. As Hurd says, the cause of rent for residences is social as well as economic.^ It will be agreed that not only in tlie slums but in the city as a whole rent and land value tend to increase with the growth of population, that is with the increase in the demand for houses. On the other hand, for the reasons already given, the congestion per acre, the overcrowding per room, and resultant evils are not likely to be relieved much by the development of transportation facilities or by other methods of extending the available residential area. The seriousness of these conditions in our largest cities can scarcely be exaggerated. How, then, shall the urban housing problem be solved? Obviously, a reduction in rent will not only afford relief to the poorer classes materially, socially, and even ethi- cally, but, together with legislation regulating building operations and stricter laws of sanitation, may help to eliminate the slums. Before discussing the possibility of lower rents, it is necessary to point out the inefficacy of building regulations when unaccompanied by rent reduc- tions. That building and sanit^ion laws are the jfirst steps to- ward the solution of th^ousing problem cannot be ques- tioned. No governmrat, in modern opinion, should permit the individual, even if he so desires, to occupy a dwelling that falls below the recognized standard of sanitation, com- fort and decency. Adequate regulations limiting the height and area to be covered by the building, requiring the in- stallation of sanitary appliances, fixing the minimum width of staircases, the height of ceilings, the size of rooms and windows, and so forth, should not only be enacted, but should be strictly enforced by the building inspectors. Indeed, it might be expedient for all cities to follow the * Principles of City Land Values, pp. 77-78. 8M THE TAXATION OF LAND VALUE lead of German communities in promoting the "city beautiful" as well as the city hygienic. "German cities have taught us a valuable lesson in the matter of laying out suburbs. Improvement plans are furnished by the munici- pality, and architects are invited to compete in presenting designs. After it has been decided that a certain district shall be opened up, a jury is appointed to assess damages, terms are made with private owners, and the architect furnishing the most acceptable scheme is awarded the prize." ^ What, however, must be the effect of such legislation? Evidently the enhancement of rent because of the increase in the cost of construction. Such has been the result in German cities.^ Indeed, the increased overcrowding there is attributable to the high rents which expensive buildings and improvements tend to create. To keep rents down re- course will be had by those of a lower standard of living especially to increase the number of lodgers. In short, "the poorer classes want cheap houses, must have them; they imderstand what a saving of a sixpence a week in the rent means, but they do not understand yet the advantages of concrete foundations, properly jointed drain pipes or wash down water-closets. They do not mind taking a few lodgers into an already well-filled house, because they understand the advantages of a few shillings a week, but they do not understand that each inhabitant of a sleeping- room should have at least 500 cubic feet of air space." ' Thus the method of solving the housing problem by restrictive building regulations may be rejected as futile. In considering the possibility of reducing rents to relieve congestion, we may begin by analyzing the factors that enter into the determination of rent. And it will be con- ^ Eighth Special Report of the U.S. Commissioner of Labor (1895), p. 93. * Pohle, " Die Wohnungsfrage " in Handbuch der Politik, vol. n, pp. 522, 524. 5 Thompson, The Housing Handbook, p. 173. THE TAX AS A SOCIAL REFORM 895 venient to classify these factors under ground rent and building rent. Ground rents are affected by the popula- tion, by transportation facilities, by the industrial devel- opment, including the kinds of industries carried on, by the system of land tenure and speculation, by racial ties and other social considerations. Some of these tend towards a reduction, others towards an advance in rentals. Friction from offsetting and opposing influences may therefore be expected. Thus, the tendency of improved facilities of transit to draw the population to the periphery of the town would be offset by the clannishness which has drawn the foreigners to a particular neighborhood, generally in the center of the town. The elements entering into building rents are chiefly the various expenses of operation, deter- mined by the conditions of the labor market, especially in the building trades, the available capital for building, the cost of materials, taxes, condition of the mortgage loan market, etc. Under frictional influences may be classed the immobihty of invested capital, the leasehold and con- tract system, and above all the strong force of custom. Relief of congestion through a reduction of rents may be of two kinds, reduced congestion per unit of ground space, e.g., per acre, and per room. Viewing the housing problem thus from the economic standpoint, its relation to the tax on land value becomes clear. For the tax may be expected to affect a number of the elements enumerated which make up rent. We have now to examine the possible results on housing of the land tax, as they have been deduced theoretically by the adher- ents of the tax on the one hand, and the adversaries on the other. 5. First, on the part of the advocates it is claimed that the land tax would affect congestion in the following manner: First, as the tax would make it expensive to keep property unoccupied, vacant land would be forced into the market. As a consequence, secondly, the market price of S9G THE TAXATION OF LAND VALUE land would tend to be reduced and land values would be- come more stable. This result would also follow, thirdly, when the lure of the value increment is in part removed; that is, speculation would be curtailed, and overcapitaliza- tion discouraged. Fourthly, the incentive to improvement would be created both by the high carrying charges on unimproved land, and by the untaxing of buildings. The latter would attract more capital into the building trades and would result in a larger number of available houses. Fifthly, the remission of the tax on buildings would benefit, not the builder (except indirectly), but the tenant, upon whom the tax ultimately falls. In the platform of the United Committee for the Tax on Land Values in England it is stated,^ "If urban and suburban land were taxed on its true unimproved value, irrespective of the use to which it happens to be put or not to be put; the iron girdle of land monopoly which now confines every large town and industrial center, every vil- lage, and every hamlet, would be broken through, and we should have more and cheaper dwelling houses, shops, oflSces, warehouses, and factories." The reasoning by which the above deduction was derived needs no further elucidation. It is noteworthy, however, that the argument rests merely on the expediency of the tax on capital value versus that on rental value. Disregarding the assumption of monopoly in urban land, many will agree that the English rating system on annual value tends to encourage the withholding of land from use.^ The passage quoted above, though it contains a grain of truth, is far too sweeping. Obviously, the degree to which the tax will be effective, even if the salutary influence be * Third Annual Report, p. 64. * " Lawson Purdy, the chairman of the Department of Taxes and As- sessments for New York, expressed the opinion that were rates levied on actual capital value in London as in New York, nearly all Regent Street would be pulled down and a large part of the Strand." Chomley and Outhwaite, op. cit., p. 78. THE TAX AS A SOCIAL REFORM 807 admitted, will depend upon the rate of tax, the prospects of its being increased, the amount of available vacant and undeveloped land, the counteracting forces, e.g., the in- crease in population, local improvements, and all other conditions that enter into building rents. With regard to the stimulation of building operations the following passages are illustrative of the trend of thought: *'Yet another argument which may be adduced in favor of the rating of site values, is that in consequence of urban land coming more freely into the market and building enterprises being stimulated, rent would be materially re- lieved; and this relief would come where rent is now at its maximum, i.e., in our large industrial centers. . . . Every opportunity given to the freer growth of the city in the suburbs will tend to reduce this congestion at the center." ^ This quotation refers to the first method of creating an impetus to building, namely, by making the holding of vacant land "for a rise" unprofitable. In the following passage emphasis is laid on the effect of the untaxing of buildings: ' "Again, we should be freeing buildings from the burden of rates. By levying rates on buildings, we make buildings dearer, and the inevitable consequence is that fewer are built. Under our present system of rating, builders cannot afford to build, because occupiers cannot afford to occupy so many or such good houses as they could if buildings were not liable to be rated. If we cease to levy rates on the value of buildings, we shall remove the first of the two main causes of the dearness and scarcity of houses." Here, too, whatever truth the above claims may contain, they are vitiated by too general assumptions. For instance, they take it for granted that the demand for houses is * Alden and Hayward, Housing, p. 94. * Quoted by Thompson {op. dt., p. 264) from a leaflet issued by the Liberal Publication Department. 898 THE TAXATION OF LAND VALUE elastic, that there are no limits to the available capital for building purposes, that mortgage loans will remain un- affected, that the effect of the overbuilding stimulus will not increase the cost of labor and materials, etc. To be sure, when these frictional forces are pointed out to the proponents of the tax they defend their position by more general statements. For example, they maintain that where rent consumes more than one-fifth of a family's income, crowding is the inevitable result. The reduction in rental, through the greater number of available dwellings would increase the demand for newer, larger accommo- dations, and would enable some of the large "lodging" population to establish homes of their own. As to the question of available capital, they point to the present excessive tax on buildings in comparison with that on other forms of capital. They urge further that under the present system of taxation, the cost of building is prohibitive except to meet the urgent demand for housing. That the effect on mortgage loans should be wholesome is deduced from the doctrine of capitalization. The value of the land under the tax would not fall below the capitalized net rental, either accruing or prospective. Land and buildings would, therefore, be safer securities than to-day, when the tendency is to overcapitalize the value of the land. With these important doctrines of the defenders before us, we shall next epitomize the arguments of the opponents of the tax system. 6. The chief criticism of the theories concerning the consequences of the tax on land value, namely, that the numerous and offsetting elements that compose rents are lost sight of, as well as the frictional forces at work in social phenomena, gives the clue to the contentions of the opposition. First, consider the questions of vacant land and speculation. The prevalence of vacant land ripe for building is denied by some, while others even hold that building operations depend upon this speculative feature THE TAX AS A SOCIAL REFORM S99 / in realty holdings.^ So long as there is a large number of vacant houses, it cannot be said that land is held vacant for speculative purposes; especially does this apply where the tax rates are high. The land must sometimes be kept in an unimproved or underimproved condition because of the possibility of change in the character of the neighborhood, and for other sound reasons. The validity of this position, however, cannot be decided theoretically. And yet, in studying the facts, the diflBculty arises of fixing the stand- ards of underdeveloped and appropriately improved land. These terms will probably have different meanings in different localities and countries, and the prevalence of such underdevelopment will probably vary from place to place. ^ Secondly, granting that the imposition of the tax will ^^ cause a decline in land value, and that it will induce the / owner to build upon his land, might not this incentive and / the untaxing of buildings lead to a more intensive use of / the land? The dangers of an overutilization of the land ' from the standpoint of the housing problem are generally admitted. Not the congestion per room, but the greater congestion per acre is threatened thereby. If the improve- ment of the suburban districts only were stimulated by the tax, a general reduction of congestion in the city would be conceivable. But it is reasonable to expect that the more expensive the land, i.e., in the heart of the city, the greater would be the incentive to improve it. It is feared, therefore, that an overdevelopment might ensue, that the skyscraper would become more prevalent than the need of the com- munity would warrant. The possibility of compact build- ing, moreover, carries with it the utilization of the now available open spaces and even of garden space. The ad- herents of the new system admit the gravity of the charge with respect to lofty and compact building; they are less ready to admit the deleterious effect on garden space. To * Cf. supra, chapter ru, 5. 400 THE TAXATION OF LAND VALUE the first charge answer is usually made, that the intensive utilization of the land is a tendency which will continue irrespective of the tax. Indeed, the trend toward compact building may have been caused and furthered by the with- holding of land from use. To overcome the dangers to good housing, the government will be compelled sooner or later to restrict and control building operations according to a well-laid-out town-planning scheme. It would seem, therefore, that legislation, at least restricting the height of bmldings, would have to precede the introduction of the tax. On the other hand, by opening up the suburbs, and by relieving the tenant in the center of the city, the necessity for tall buildings would be removed and the tendency toward more intensive utilization would be checked. Logically, it might even be reasoned that with the greater competition for tenants, the desires of the dwellers would be consulted in building more than at present. Further- more, every one is aware that houses with gardens and open spaces are more desirable and valuable; and if the owner is looking forward to an increase in the value of his property in the future, he will prefer to keep it in a more desirable condition, fronting on a lawn or open space. It should be remembered, moreover, that the decline in the value of the land is expected to enable and encourage more persons to own their homes, especially in the suburbs. It is likewise expected that the reduced value of land will counteract the movement towards the more intensive use of the site. Thirdly, the eflficacy of the tax to promote building op- erations has also been questioned on various grounds. We are famiUar with the theory that the curtailment of specu- lation, i.e., the reduction in prospective value increment, will tend to discourage building.^ Another reason given to * The untaxing of buildings would not necessarily relieve the owners who occupy their homes. The effect would depend upon the relative values of the building and site. THE TAX AS A SOCIAL REFORM 401 deny that a building "boom" will ensue is that the de- mand for houses is inelastic, that overbuilding could not go on indefinitely. While, therefore, a decrease in rent might have the effect of temporarily stimulating the erection of new buildings, and of providing larger and better accommodations, the tendency would check itself. For, granted that modem types of buildings will tend to supersede the older and inappropriate structures, and that the latter will be torn down, the increased cost of con- structing the new buildings will check the overbuilding trend. Moreover, the incentive for capital to be em- ployed in building, which will at first ensue, will be checked when the rate of profit in that industry be- comes the current rate in other industries. But, say the adherents, even these assumptions insure a decided im- provement in housing conditions. Fourthly, with respect to the doctrine that the remission of the tax on buildings would redound to the benefit of the tenant in the shape of reduced rents, no account is taken of the friction that may be expected to develop in the readjustment. Aside from the reputed immobihty of the population, aside from custom which largely determines the possible expenditure for rent, aside from existing lease- holds, the tax on land value may itself set in motion various forces to enhance rents. Most important is the assertion that owners of improved property count upon the prospec- tive increments in land value to counterbalance the de- terioration of the building. Thus rents are assumed to be lower than if the owner had to provide a depreciation fund. With the heavier tax on land value, such a reserve fund would be necessitated, adding to the building cost. This would result in higher rents. Again, by the decline in land value, property would no longer be worth as much as security for mortgage loans. Moreover, since the mort- gagee takes the prospective increment into account in mak- ing the loan, the effect of the tax would be either to reduce ,iOi THE TAXATION OF LAND VALUE the amount of available capital for building, or to raise the interest rate,^ in which cases rents would tend upward. These arguments assume, however, that building opera- tions are a distinctive industry dependent upon land- ownership and land speculation. We have already pointed out how the widespread leasehold system in itself seems to contradict this theory.* Lastly, in a dynamic society, further friction might be expected to arise to counteract the movement toward reduced rents. Assume the reduction of rent in one com- munity, and would there not be an influx of outsiders to take advantage of the reduction.? Moreover, the normal increase in population in a progressive community and the rise in the cost of materials and labor, if the stimulation in building becomes general, would tend to check the allevi- ating influences of the tax. 7. Turning from the theoretical discussion of the effect of the tax on housing, we ask what are the facts? Our study has demonstrated the futility of attempting to determine precisely the influences of the tax in the presence of so many interacting social forces. Whether attributable to the fact that the growth of the community has offset the forces set in motion by the tax, or that the tax rate has been too slight' to affect market values, or that the actual results of the tax on land and of the remission of the tax on im- provements have not conformed with theory, the reports of the officials and the statistics for certain communities where the tax is in operation show that rent cannot have been materially affected by the tax. On the other hand, the available data do reveal an ac- tivity in building operations in the Australian and Cana- ^ A rather ingenious theory with respect to the effect on mortgage loans was propounded at the public hearings of the New York Committee on Taxation. The lower land value would mean less capital loaned on mort- gages, with the result of a larger amount of available capital for building operations at a lower rate of interest.'; * Supra, chapter vii, 5. THE TAX AS A SOCIAL REFORM 403 dian municipalities which is generally attributed in part to the exemption of improvements. There was no evidence of overbuilding in Australasia; in Canada, on the other hand, the excess in vacant buildings in some of the towns in recent years has been charged to the operation of the tax. Whether this condition of overbuilding existed during the land "boom" period, when newcomers in some cities had to resort to tents for shelter,^ has not been established. Nor is it possible to determine the effectiveness of the tax on value increment to influence notably the land market and building operations from the stagnant conditions in both fields after the imposition of the taxes in England and Germany. In the latter country, the unfavorable market conditions, traceable, however, to the general depression for which the tax legislation was not responsible, played a con- siderable r61e in the amendment of the law. The English du- ties on land value were likewise ineffective in preventing the temporary slump in the building trades of London in 1911, and failed to relieve the serious housing conditions there.' But, in judging the tax, aside from the unfavorable effect of the general industrial depression, it must be borne in mind that the stimulation of building in the case of the tax on value increment could not be expected to be the same as in the case of a general untaxing of buildings. While the influence of the tax on building operations is not traceable in the extraordinary increase in structures in western Canada before the depression, the general agreement among the Canadian builders themselves, as to the efficacy of the tax in stimulating building seems to substantiate the generally accepted theory, rather than that which holds that the tax will interfere with building operations. Difficult as it is to assert any positive effect of the tax on housing conditions, it is more difficult to discover its ^ Cf. Haig, Exemption of Improvements from Taxation in Canada and the United States, p. 273. * See supra, chap, v, pp. 248 Jf. 404 THE TAXATION OF LAND VALUE effect on speculation in land. We know that speculation is still rampant in the countries under the system of land- value taxation. And in the circumstances existing in western Canada, it would seem that the tax was introduced in part to further the speculators' interests.^ In Austral- asia, the state land taxes, except in New Zealand, are not heavy. But in the latter colony, evidence of the dis- integration of the large holdings exists, and the cause is generally found in the high graduated and absentee rates. On this question also, our conclusions in the absence of positive proof, must be qualified. We may assume that a tax levied on a commodity on the basis of its capital value will tend to discourage dealings in that commodity. Also that a tax on land, as is generally conceded, tends to encourage its utilization. Thus it would seem that the realty tax on capital value in American cities has made the withholding of land "for a rise" less profitable than in England. It follows, even, that were the tax high enough, as high as the transfer duties in Paris,^ for example, realty operations would be greatly subdued. But where land rises rapidly in value, speculation will continue to thrive, irrespective of the tax. So much may therefore be assumed : since anything which lessens the anticipated income from a commodity will generally decrease the desirability of that commodity for speculative purposes, a discriminatory tax on land will put a damper on realty transactions and speculation. The degree of suppression will depend on the rate of tax and the trend of land-value increments. 8. In the preceding chapter it was found that specula- i * Cf. tupra, chapter vi, 5. * In Paris there is a tax of six per cent on the transfer of the deed and three and one-fourth per cent for other expenses, making a reduction of nine and one-fourth per cent of the value on every transfer. Of course the expectation even of an increase in tax rate suffices to give speculation in land a set-back. Cf. Reports on City Real Estate Values, compiled by Seattle Real Estate Association (1907). Cf. also Congrh International de la PropriStS FoncQre (1900), p. 109. THE TAX AS A SOCIAL REFORM 405 tion in land had its function in society under private ownership, but Hke other social privileges it was capable of abuse. The time arrives when the government is called upon, or compelled, to check the abuses of social institu- tions. The proposals and the legislation already employed to remedy the evils arising from landed property are many, but chiefly ameliorative. The most radical proposal is the public appropriation of the land. The question of the expediency of land nationalization is, moreover, closely allied to that of the tax on land value. For the underlying motives of both proposals, as social reforms, are essentially the same. Without entering into the theoretical inquiry of the justice of private versus social property in land, the facts and arguments for and against the practicability of pubUc appropriation will throw light upon the social ex- pediency of the tax on land value. Of the advocates of public ownership, there are those who, like the Single Taxers,^ favor the nationalization of all the land; others who, like Professor Adolf Wagner,^ have pointed out the need of the municipalization of urban land, not of the rural landed estates; others again, a more numer- ous class, who urge public ownership only of the natiu-al resources, mines and forests for conservation purposes. In examining the reasons advanced in defense of these positions the threefold classification of land of the preced- ing chapter will be of assistance. For it is evident that, if the conclusions with regard to the trend of value of the several kinds of land are valid, public ownership may be less expedient in one case than in another. * Of the noted economists who favored nationalization John Stuart Mill and IA>n Walras (see EUments D' Economic Politique) have exerted a great influence. The latter has even more persistently and tenaciously defended the proposal for the Single Tax. ' How far Professor Wagner would go with regard to restricting the private ownership of urban land is not certain. Cf. his Grundlegung, vol. II, p. 470 ff., as well as his speech on " Finanz- und Steuerfragen," in Schriften der GesellschafifUr Sosiale Reform (1904), Heft 15, pp. 28/. 406 THE TAXATION OF LAND VALUE 9. From the standpoint of the appreciation of land value no reason exists, generally speaking, for the public appropriation of agricultural lands, which are characterized by decrements and fluctuating value, rather than by incre- ments. Nevertheless, large land holdings prevent the best utilization of the land and tend to impoverish the peasant.^ The data showing the extent and significance of this con- centration of land lend weight to the argument. The experience of Australasia ^ with absenteeism and large landed estates is not peculiar. The conditions in most European countries (France and part of Germany ex- cepted) are similar. The concentration of land holdings in England is notorious. From statistics of England and Wales in 1872-73,' it has been shown that 4917 owners (.5 per cent of the. whole 'number) occupied each from 1000 to 10,000 acres, altogether 42.3 per cent of the whole area, and 21.8 per cent of the product. Of the whole area of England and Wales (London not included) 10,207 persons owned two-thirds; of 18,950,000 acres in Scotland, one person owned 1,376,000, while 1700 persons possessed nine-tenths of the whole area. In Ireland, 1942 persons ("these owners cannot even be counted among the inhabit- ants, for they are mostly absentee landlords!") owned out of the 20,160,000 acres, two-thirds of the whole."* "Two- thirds of England, nine-tenths of Ireland, and nineteen- twentieths of Scotland," says Mulhall," ^ "are held in own- * See Sering, "Die Innere Kolonisation in Ostlichen Deutschland," in Schriften des Vereins fiir Socialpolitik, vol. LVI, pp. 26 Jf. * See supra, chapters ii and iii. Wagner, Grundlegung (1894), vol. n, p. 371: "Die colossale Concen- trirung riesiger GrundstUckscomplexe und Grundrentenbeztige in wenigen HS.nden Msst sich aber bestimmt nachweisen. ... In Deutschland und England ist der landliche Kleinbesitzerstand von der Staatsgewalt den grossen Grundherren preisgegeben worden." Then follows a description of the condition, the superseding of the small farmers, and that lawfully, by the big landed proprietors. See ibid., p. 374. * Ibid. ' Mulhall, Industries and Wealth of Nations, p. 64. THE TAX AS A SOCIAL REFORM 407 ership by a small group of persons." The following more recent statistics show clearly the concentration of EngUsh land in the hands of comparatively few individuals. Thus, while in France, of the 7,200,000 of the population engaged in agriculture, 1,638,000 were owners of land; in the United Kingdom out of an agricultural population of 2,530,000 only 19,275 were land owners.^ But the difference in the size of the estates is equally noteworthy; in France the average estate was 56 acres, in the United Kingdom it was 3003 acres. In Austria-Hungary the two largest landholders were said to be the Crown and the Rothschild family, the latter owning eight times as much as the royal family.^ The fol- lowing data appeared in " Vorw^rts,"' the Socialist German daily: Fifty-two per cent of all the landlords owned some- what less than three-fifths of the land in Hungary, while only .09 per cent of the proprietors owned 31.19 per cent, nearly one-third of the land. Or take Bohemia as an illus- tration of the concentration of the land. Here sixteen persons were said to own ten per cent of all the land.* Serious as this charge against private land ownership is, it is highly questionable whether from the standpoint of production state ownership would be advantageous. To utilize rural land most efl&ciently private ownership is regarded as essential. It is an undisputed fact that where the cultivator is the owner under the existing system, the state of husbandry is most favorable. Whether under a * These figures exclude estates of less than twelve acres. (Mulhall, Industries and Wealth of Nations, p. 115.) If, however, the small holdings from one to twelve acres are included, the total number of holdings in Great Britain owned by their occupiers was, in 1911, 60,217 or 11.73 per cent of all the holdings. " Since 1888 there has been an almost uninter- rupted decline in the proportion of the acreage owned by the occupiers." Agricultural Statistics (Cd. 6021), 1911, pp. 9-10. * FlUrscheim, Einziger Rettungsweg, pp. 78, 161. * April 11, 1909. The data were obtained from a current edition of Jahrhundert in Budapest. * FlUrscheim. op. cit. 408 THE TAXATION OF LAND VALUE leasing system by the state a suflficiently secure tenure could be assured the tenant to induce him to invest the same amount of capital as if he owned in fee simple is a matter of speculation. Not only from the standpoint of production, but also from that of administration state ownership would be a precarious undertaking. Added to these considerations the method of appropriation must be inquired into. The impossibility of purchasing all the land leaves only one course clear, namely confiscation, a measure justified in extreme exigencies only. In judging of the expediency of the nationalization of the soil, there- fore, the evils of absenteeism, of large holdings, of peasant exploitation and pauperization in some countries must be weighed on the one hand; on the other, the responsibility that ownership would impose upon the state, the efficiency of public versus individual enterprise, the security of tenure under private ownership, the trend of depreciating and fluctuating agricultural values, and the revolutionary, con- fiscatory means to be employed. Nor must it be forgotten (1) that the concentration of agricultural holdings is characteristic only of certain countries,^ and (2) that other legislative action has been proposed to disintegrate the large estates.^ The effectiveness of the tax on land value to overcome the deficiencies of private landownership, will depend chiefly upon the vigor with which the screw is tightened. The low tax rate which now prevails has had little effect in disintegrating large estates, for the expectation of a future value increment conduces to the payment of the * In the United States about five-sixths of the farm land is in private hands. In forty-eight per cent of our area the size of farm holdings is increasing, in the remaining fifty-two per cent the size is either decreasing or there is no appreciable change. The tendency toward the increase in size of holdings is more pronounced in the newly settled western states. Report of the U.. S. National Conservation Commission, vol. i, p. 84. * Cf. in England, the Small Holdings and Allotments Acts; in Ger- many, the colonization laws (Ansiedelungspolitik). THE TAX AS A SOCIAL REFORM 409 tax rather than to relinquishment of the holding. But if made too discriminatory, the same objections apply as to public appropriation and confiscation with which it may become identical. To be most effective, the tax should be levied (1) according to a progressive scale of rates to strike hardest at the large and absentee landlord, (2) with a minimum exemption embracing most of the land under cultivation, and (3) by the state or central authority, that alone should retain the power to use the tax as a weapon of social reform. Thus far only New Zealand has found it expedient to apply the weapon vigorously. But at all events, by the levy of the wild land, the increment and graduated taxes, the government shares the value incre- ment without imposing a very great burden upon the large holder, while exempting the small owner and cultivator altogether. For local revenue, the expediency of a tax on land value . in rural districts will depend upon other conditions. Levied in conjunction with the state or county rate, the imposi- tion may put an extra burden upon the rural district, while it relieves the owners of urban property. For local purposes, on the other hand, with local autonomy, or with apportion- ment according to expenditure,^ the tax on land value, provided it is sufficiently productive, would be a decided improvement over the present widely current general property tax, which taxes stock and agricultural imple- ments. The exemption of all improvements, such as build- ings, would occasion but a slight increase in rate because their value is small in comparison with that of the land. An additional rate on vacant and absentee holdings, as is practiced in Canadian rural municipalities, might in some cases more than recompense the loss in revenue through the exemption of improvements. 10. In so far as professional land speculation is com- bined with speculative building operations, and in so far as * C/. Purdy, Local Option in Taxation, pp. 18-19. 410 THE TAXATION OF LAND VALUE speculative, overcapitalized values may, though indirectly, drive up rent (especially likely because so many factors enter into the choice of dwellings), the expediency of checking speculation in urban land may become urgent. But these abuses of private property rights have played only minor roles in producing the acute housing prob- lem which it is sought to solve. It is not to be wondered that the improvement in housing considered "as part of the great work of national regeneration with a view to secure the health, safeguard the pockets, and raise the housing standard of the working classes," ^ should be regarded by many as dependent primarily upon govern- ment control of building operations and ownership of the land. The advantages of municipal land ownership have been enumerated as follows: ^ (1) More economical grouping of buildings instead of the odd and scattered houses of the "jerry builder" would ensue. (2) Non-speculative land values would cheapen building sites. (3) Buildings on a large scale erected by the municipality would reduce the expenses of construction. (4) Or, if the land were leased to companies of working men or builders, and capital advanced to them by the public loan association at low rates of interest, a saving would result. (5) The municipality would be satisfied with a smaller profit than the individual owner. (6) The management of a large number of dwellings would reduce expenses. (7) Capital could be borrowed at lower rates of interest. * Thompson, The Housing Handbook, p. 151. * Ibid. Mr. Thompson was not considering the municipalization of all the land, but the housing experiments undertaken by certain English cities. Cf. also, " Report of the Land Enquiry Committee," The Land (1914), vol. II, pp. 108 Jf. THE TAX AS A SOCIAL REFORM 411 It will be noted that this assumes the municipality to be not only the landowner, but the contractor, builder, and loan agency as well. In view of the radical change which is here involved, we may ask to what extent the above ad- vantages of municipalization may be expected to material- ize. In the absence of any experience with municipal land ownership as a whole, it may nevertheless be of value to review the results of minor municipal housing operations. Germany and England furnish examples. The "Boden- politik" of German towns ^ is rapidly spreading. Many building experiments on town land have been tried. In Ulm, for example, where the government owns a large portion of the land, houses have been erected at public expense and the property sold to private individuals under restrictions, e.g., the government retaining the right to repurchase the property under certain conditions (Wieder- kaufsrecht). Frankfurt a. M. and Leipzig, on the other hand, find it expedient to lease their land for building for a term of years, after which the property reverts to the cities (Erbbaurecht). Freiburg i. B. and Zlirich, on the other hand, have experimented with the erection of houses on their town land which they rent directly to the occu- piers.2 As these undertakings have been in operation but a short time, and are of small scope, i.e., only a small per- centage of the population have been accommodated, the evidences of success are inconclusive. According to Dr. Pohle ' only a small proportion of the inhabitants have availed themselves of these houses and, generally speaking, no material reduction in rental has ensued. Similar motives, the betterment of the housing condi- tions of the working classes, actuated the passage of the English Housing Acts of 1890 and 1900. Part III of the amended Act provides for the compulsory purchase by the * See supra, chapter iv, 8. * Pohle, " Die Wohnungsfrage," in EandJbuch der Politik, vol. n, p. 522. * Ibid. Sect also hb Wohnungsfrage, 412 THE TAXATION OF LAND VALUE local authority of land in the outskirts of the town to be built upon in any one of the following ways : ^ (1) By the council. (2) By leasing the land to companies, or builders, or to working men for the erection of workmen's dwellings; or (3) By "any company employing workmen, or estab- lished for constructing or improving workmen's dwellings; or by any private person or persons entitled to a free-hold estate in land or to lease for an unexpired period of fifty- eight years who may borrow from the Public Works Loan Commissioners at low rates of interest for not more than forty years, half the amount required to erect dwellings for the working classes, and may supply water or gas to the tenants free of charge or on favorable terms." Many local authorities have already taken advantage of the provisions of this Act, among which are London, Glasgow, Liverpool, and Manchester. ^ The following sum- marizes the "commercial" success of "sixteen municipal housing schemes involving a capital outlay of about 1,300,000":' "They show a gross return of about 6^ per cent, and a profit of about S^ per cent. ... In eight cases the profits have been more than suflBcient, not only to pay interest on the capital outlay, but also to provide the whole of the sinking fund contributions. In nine cases the profits have been more than sufficient to pay interest on * Thompson, op. cit., p. 35. ' Under the amended Act of 1909, the supply of working-class dwell- ings by local authority and the purchase of land compulsorily have been greatly stimulated, as is shown from the subjoined data {Report of the Land Enquiry Committee, vol. ii, p. 215) : HOUSES AND TENEMENTS BUILT BY THE LOCAL AUTHORITIES IN ENGLAND AND WALES, 1890-1913 Year* Houset TenemenU Lodging-houtet 1890-1899 190<>-1909 1910-1913 822 3594 4867 772 1955 197 S S * Thompson, op. cit., p. 171. , THE TAX AS A SOCIAL REFORM 413 capital, but have only provided part of the sinking fund. In only three cases, Liverpool (blocks) and Manchester (blocks and tenements), have the profits been insufficient to pay all the interest on capital. When it is remembered that the workmen tenants of those dwellings contribute 21,157 a year to the rates and taxes, and over 10,000 a year to a sinking fund for the purpose of buying property for the community at large, it must readily be admitted that more reasonable financial arrangements ought to be supported by Parliament so as to enable the rents to be reduced." When the dilapidated, insanitary housing conditions of a city become as threatening as in Glasgow and London, for example, unless other remedies can be found, the muni- cipality ^ may be compelled to resort to public building operations, just as cities now operate other public utilities. In that case, however, the European experience tends to show that the anticipated economies of government own- ership must be waived, for commercially speaking, such undertakings have seldom been remunerative.'' With all the savings in the expenses of construction, the municipal building enterprises not only have not yielded a profit so high as that of the private landlords, but they have not even been instrumental in lowering the rental.' What they have accomplished is, nevertheless, of great impor- tance, namely, the improvement of the standard of housing. It must be admitted, however, that such partial experi- * In the opinion of certain members of the National Housing Associa- tion the slums in English cities " while similar to those of Philadelphia and Baltimore are not as bad as the worst in the American cities." The Survey, October SI, 1914, p. 108. 2 IWd. * Thomspon, op. cit., p. 178. It may well be that the financial failure of public building operations is due to the present policy, which provides for the purchase of condemned or other property. The purchase price of the land is in many cases exorbitant and this may make impossible an average return on the capital invested. Cf. Report of the Land Enquiry Committee, vol. ii, pp. 242 jf. 414 THE TAXATION OF LAND VALUE ments in municipal housing as have been attempted in Germany and England are far from conclusive evidence of the effect of total municipalization of land on rent and land value. Were this extreme reform practicable, it is readily conceivable how the public appropriation of land value might benefit the urban tenants, not alone in the better utilization of the land, so as to relieve the congestion of population, but also by expending the enormous value increment of urban property which now accrues to private individuals for public utilities and improvements. The question resolves itself into one of practicability. What does the municipalization of the land involve? There are only two ways in which the community could get possession, first, acquisition by purchase, or secondly, confiscation. The first would unquestionably burden the community with a debt too enormous to contemplate, so that compensation for town land, except for new, recently settled communities, is not feasible. As for the second means, the confiscation of urban property, not only would it inflict a severe loss uix)n a single class of the population, but such a revolutionary measure would bring other conse- quences that might disrupt the entire social system. Moreover, society at present and for a long time to come will not tolerate such a course; nor should it be advocated in view of the present conceptions of justice and equality, except in the direst need of the state. For a long time to come, therefore, less drastic and more practicable measures must be found to help solve the urban problem which must be admitted to be grave and urgent. From the tax on land value, however, little is to be hoped in the way of a solution of the housing problem, except as the supply of accommodations may be affected.^ ^ One of the causes of the acute shortage of houses in England was, according to the Land Enquiry Committee (see Report, vol. ii, p. 87), the increased attractiveness of alternative investments. " New house prop- erty, then, b decidedly less attractive as an investment than it was a few years ago." Might not the untaxing of buildings remedy this? THE TAX AS A SOCIAL REFORM 415 Furthermore, the expediency of checking speculation in urban land by means of a tax might be doubted, if it were not for another consideration. We have seen the inevitable upward trend of the value of land in progressive cities. This tendency even public ownership cannot prevent, except in so far as the un- systematic, wasteful use of land under private ownership and the screwing up of speculative values might cease. But it has been asked, why should the increments due to social influences accrue to private individuals? The need for social and recreational centers, for parks and play grounds, and other public utilities is increasing and these in turn tend to increase the value of land. Why not set aside these socially created values to meet the increasing public expenditures? If the argument is advanced from the standpoint of right or justice, the counter-argument is equally valid, namely, that other value increments are socially created and should be likewise appropriated for the benefit of the whole community. From the standpoint of expediency, however, in view of the foregoing reasons for reform, an additional tax on land, which would give the community a share in the increments accruing from land, is winning adherents.^ 11. In the case of agricultural land we saw that government ownership of the land was not expedient; in the case of urban realty, the expediency of the method of municipalization was questionable. Now, we ask, does the need of conservation of natural resources necessitate their appropriation by the state? The need of conservation in the face of the wasting character of these resources has abeady been discussed.^ The reports of the commissions on conservation all agree that most nations have not acted * Cf. Seligman, in Proceedings of National Tax Association (1914), p. 191. * Supra, chapter viii, 9. Cf. also Summary of the Commissioner of Corporations on the Lumber Industry (February 13, 1911), part i. 416 THE TAXATION OF LAND VALUE very expediently in disposing of their forest and mineral land. The following data show the percentage of forest area under government ownership: ^ Great Britain ; 2.2 per cent Italy 4.0 " " France 12.0 " " United States (national and state) 18.9 " " Norway .... 28,5 " " ( imperial 31.9 ) Germany < crown 1.8 > 49.8 " " ( municipal 16.1 ) Finland 61.2 " " Spain 84.0 " " Russia 87.3 " " Recognizing the need of conserving at least the existent forest land, for "forests exercise an influence on the water supply, on agriculture and on the general health of the people,"^ there is a general movement in European coun- tries to add to the public forest reservations by purchase. Since 1870 France has not only made no sale of forest land, but has each year consigned more land to forestry. France has spent nearly 200,000,000 francs in reforesting dunes and devastated mountain sides. Germany likewise spent, in the years 1867-95, over 22,000,000 marks in increasing her forest domain.' This policy is now being followed by Austria and Italy. The United States has only recently been aroused to the problem of conservation. Yet in this country, "in timber lands the tendency toward consolida- tion is strong and has gone far toward placing control of such lands in a few hands. It appears that the monopoly is partly in the interest of economy in logging, milling and manufacturing, but chiefly speculative." * The wasteful- ness of our forestry system has already been pointed out.^ The policy with regard to mines is not different. While the German States and France find it profitable not only to ' Report of the National Conservation Commission (1909), vol. ii, pp. 280, 345. ' Ibid., p. 281. * Adams, Science of Finance, pp. 244-45. * Report of the National Conservation Commission (1909), vol. i, p. 85. * Supra, chapter viii, 9. THE TAX AS A SOCIAL REFORM 417 own but also to operate the mines, England and the United States have disposed of most of their mineral land. Moreover, the tendency of concentration in mine holdings is evident in this country. Especially is this true of the iron mines which is explained by the greater economy of large operations. In oil lands this tendency toward concentra- tion is said to be apparently slight, while in coal lands it is intermediate.^ Now that these important resources have been disposed of by the government, the question of the expediency of repurchasing them arises. To devote a certain sum annually to the repurchase of natural resources as the European countries are doing, is a far different matter than either purchasing or confiscating all the land. Moreover, the operation of mines and forests is different from agri- cultural production. Especially is this true of forests. The forests under state management in Germany are said to yield considerably greater returns than those under private ownership; ^ the protection against waste and fires can be better undertaken by publicly trained officials than by the absentee speculator. But while the nature of forest cultiva- tion permits of public ownership, the efficiency of govern- ment operation of the mines as compared with private enterprise is doubtful. Yet a few government-owned mines operated whenever the private monopolist unwarrantably raises the price of the mineral, or always operated in compe- tition with the privately owned mines, might be highly advantageous to the consumer. Again we say, unless a sufficient amount of government control can be exercised to prevent the enormous waste and to break up the monop- oly (the tendency toward the monoply of natural resources is well established ^), public ownership through the policy of repurchase might be found expedient and feasible. * Report of the National Conservation Commission, vol. i, pp. 84-85. Ibid., vol. ir, p. 388. Cf. Summary of Report . . . on Lumber Industry (1911), vol. i, pp. 6-8. 418 THE TAXATION OF LAND VALUE In the case of forest and mineral land, the taxing authority must be governed by other considerations than the withholding of the land from use. To promote the conservation of forests, the levy should be such as to encourage reforestation, at the same time that it prevents a combination of owners of timber land from limiting and controlling the supply with the purpose of keeping prices high. A heavy annual tax on the value of the land only will not tend to encourage forest reserves; and yet, if assessed by expert valuers and uniformly, it would be an improve- ment over the present system which taxes the value of the trees under haphazard estimates of value. According to an authority on forest taxation. Professor Fairchild,^ the best tax is one based on the yield at the time the trees are cut. This he thinks will encourage the growth of forests, although his discussion discloses numerous difficulties which the proposal involves. Some states, it must be noted, have even subsidized the owners of forests in the interest of conservation, instead of taxing them. Which, then, is the most expedient method? There seems to be one system, which without injury to the lumber industry in any way, and while aiding the conservation of forests, would yet secure to the state a share of the landowner's profits. That method is the taxation of the value increment at the time of transfer of the property. This is on the supposition that the value of the deforested land itseK would show an incre- ment over the purchase price. ^ Taxation, however, will not * Report of the National Conservation Commission (1909), vol. ii, pp. 615 ff. See also Proceedings of the Sixth Conference on State and Local Taxation, pp. 371-93. ^ The supposition is, however, borne out as a fact in the Summary of the Report on the Lumber Industry, Pt. i, p. 87: " After all the timber has been cut from the great private holdings the value of the land alone will be enormous. Much of this cut-over land may be best adapted for new growth, in which case there may be a continuing concentration of timber ownership. A large part of the land, however, may be exceedingly valu- able for agricultural purposes." The system of assessment and collection of the tax could be modeled THE TAX AS A SOCIAL REFORM 419 solve the question of forest conservation. Only by the efforts of the federal government in getting control of a sufficient area on which to grow forests as the European nations are doing, and in this way to compete with the private holders of forest land can we hope that the concen- tration and private control of timber land will be broken. The case is somewhat different with mineral land. The value of the mine, as of all land, depends upon a variety of social causes; but it also depends upon the amount and quality of the minerals it contains. Mines are for the most part exhaustible, and the expense of mining increases the deeper the veins are. For this reason the capital value of mines is determined with difficulty. Because of this pecu- liarity the new English duty calculates the capital value of mines by capitalizing the rental on the basis of twelve and a half years instead of at twenty or more as in the case of other land. Nevertheless, an approximately accurate valuation could be made of a working mine by following the method of rental payments. In England it is customary for the most part to lease the mine to an entrepreneur who pays a "dead rent" for a certain amount of minerals brought to the surface, and a royalty for the excess over that quantity, allowing also for shortages. According to Professor Marshall,^ "the royalty itself on a ton of coal, when accurately adjusted represents that diminution in the value of the mine, regarded as a source of wealth in the future, which is caused by taking the ton out of nature's storehouse." Granted that the economic rent could be thus computed, this value could be found only when the mine was being worked. To levy a tax on the value of mines, therefore, some plan like the English duty must be devised. 2 But a tax will not assure the conservation of this after the English value-increment duty. In case of a corporation, for example, the payment could be made every fifteen or more years. ^ Principles of Economics (6th ed.), p. 439. ' Cf . supra, chapter v, 10, 11. 420 THE TAXATION OF LAND VALUE class of land. To prevent the monopolization and waste of mines, the opinion is current, only public ownership can be effective enough. 12. Having shown the inadequacy of the tax on land value seriously to check speculation, reduce rents, and ameliorate housing conditions, it is needless to dwell long on the further social benefits which have been loudly pro- claimed. Thus, the tax it was claimed would affect in- dustry and the general distribution of wealth. For the exemption of improvements would encourage building operations, and this stimulation in building would promote not only the building trade, but other industries as well. Not only would the employment of capital be aided by the remission of the tax on improvements, but labor too would experience a "boom"; the wages of building employees would tend to rise, the demand for other commodities would be enhanced, production in general would be stimu- lated, leading to a cheapening of many commodities, whereby the laborer as consumer would again benefit.* In this way the simple reform of taxing the value of land would have within itself the possibility of materially in- fluencing the distribution of wealth, not only diverting some of the value increment, now accruing to the landlord, to the relief of the public budget, but uplifting the working class through better housing, cheaper rents, higher wages, lower prices. Judging from our study, these hopes appear vain, on the whole. The reason, perhaps, for the failure of the tax to become a reform of wide-reaching influence lies in the harm- less nature of the change. It is unreasonable to expect that a two or even three per cent tax on the value of land, or that * The United Committee for the Tax on Land Values, Third Report, p. 64: "^By the transfer of the burden of taxation on to Land Values production would be increased and the price of commodities lowered; the conditions of labor of all kinds would be improved; wages would be higher and employment more regular, and the foundation would be laid of equitable relations between man and man." THE TAX AS A SOCIAL REFORM 421 the remission of such a rate on improvements would, in oup complex social system of interacting forces, bring forth the millenium. Nevertheless, as a fiscal measure, its influence towards reform, its tendency to check speculation in land, to relieve congestion, to appropriate some of the value increment for public purposes, and thus to relieve the burden to some extent from industry, outweigh the charge of discrimination against the landowning class, involved in the proposal to put a higher tax on them than they had anticipated at the time of their investment.^ Not as a panacea, then, for all social evils and economic mal- adjustment, although its influence may be beneficial with regard to these, but as a tax must the expediency of the tax on land value be determined. * "I have never been able to understand," says Seligman, "why a man who has invested in land should be exposed to the danger of having a part of his property taken away from him? When he invested his money in land it was on the basis of the accepted policy of social justice, that private property in land was to be treated like private property in other things." (The Survey, March 7, 1914, p. 700.) A student of the changes that have recently taken place in the policy of legislation should no longer wonder that the accepted policy of social justice is not permanent. The end, which is in this case social welfare, justifies the means. CHAPTER X EXPEDIENCY OP THE TAX ON LAND VALUE FOR THE UNITED STATES 1. The inadequacy of the tax on land value as an effective means of reforming the social evils discussed in the preceding chapters reduces the consideration of the adoption of the tax to its expediency as a fiscal measure. The expediency of introducing a new tax must be deter- mined: (1) by the need of an additional source of public revenue; or (2) by the efficiency or inefficiency of the exist- ing system; or (3) by the special advantages of the pro- posed change. But even though by these criteria condi- tions were favorable to the adoption of a new tax, the opposition of interested parties, the conservatism of public opinion, as well as the constitutional barriers, would have to be reckoned with and overcome. What, then, is the situation in this country with regard to the new tax? If proof were needed of the deep concern that problems of taxation are giving public officials as well as fiscal au- thorities, their interest in the conferences of the Inter- national Tax Association and the activity of the different state legislatures in creating tax commissions within recent years should be noted. The primary cause of this concern is the necessity of covering the ever-increasing budgets with revenue from the old and inadequate sources. This need does not appear in the budget of our national govern- ment which is supported adequately by excise and tariff duties, and by income and corporation taxes, nor in that of the state governments, whose expenditures even tend to decrease per capita of the population. The greatest fiscal need, as will be shown in the following section, is to be found within the local bodies whose rapidly growing ex- LAND-VALUE TAX IN UNITED STATES 423 penditures must be met almost wholly from the selfsame sources. A second cause of the mterest which tax questions are arousing is the inequality of burden, and the general de- fectiveness of the existing systems of taxation. But the dissatisfaction is directed chiefly against the operation of the general property tax. And inasmuch as the local gov- ernments in this country rely almost exclusively on the general property tax for their revenue, the most needed reform is in local taxation. Coming now to the tax on land value, the more fruitful and opportune inquiry will be concerned with its expedi- ency as a local tax. This position is all the more justified, when we consider that the tax is best adapted for local purposes, if revenue be the object sought. Fiscally, both the German "Zuwachssteuer" and the English increment duties were found to be disappointing. Moreover, these indirect levies are the forms of the tax better suited for state and federal purposes. In this country, however, the conditions of landed monopoly are lacking which made progressive and increment taxes expedient in the other countries studied. Only with regard to forest taxation can the value-increment tax be considered for American conditions. Here too, however, conservation, rather than fiscal expediency, is the purpose to be held in view. On the other hand, to levy a proportional, direct tax on land value for federal or state purposes would be impracticable; it would be not only superfluous, but also against the recent tendency toward separation of the sources of revenue.^ The choice, therefore, lies between the local increment and direct forms of the tax. The practicability of the increment tax for our municipalities is problematical. First, it is more discriminatory and less productive, i.e., it is less fiscal in character. Secondly, it is unprecedented in method of assessment. Thirdly, its administration presents Infra, 6. * A, 424 THE TAXATION OF LAND VALUE serious difficulties.^ The adoption of the tax, if at all expedient, should, then, be for local purposes; the form of levy, the direct, proportional tax, such as we found it in the Australasian and Canadian municipalities. With the inquiry thus limited, let us test the expediency of the tax on land value, in the light of the needs of the local governments, and the problems centering in local taxation. 2. The tendency of local (including county) expendi- ture to increase is evident from the following table: TABLE SHOWING THE GROWTH OF TOTAL AND PER CAPITA EXPENDITURE BY LOCAL AUTHORITIES IN THE UNITED STATES* Year Cities, villages, totimships, school districts Counties, cities, villages, townships, school districts Expenditures Per capita Expenditures Per capita 1870 1880 1890 1902 $328,244,520 724,427,848 780,941,558 1,433,505,091 $8.51 14.44 12.47 18.24 $575,810,060 848,532,875 1,025,989,603 1,630,069,610 $13.38 16.91 14.79 20.74 * Adapted from table in State and Local Taxation, Second Conference (1908), p. 519. The enormous increase in the outlays of the govern- ment in some of the largest municipalities in the coun- try is seen from the tables on the opposite page. In comparing the per capita expenditures in 1890 and 1912 as shown in the table, it should be borne in mind that the data for 1912 included interest on loan investments, and that there may be further discrepan- cies due to the change in classification by the Census Bureau. One cause of the need for additional taxes is likewise seen Cf. infra, footnote p. 458, LAND-VALUE TAX IN UNITED STATES 425 INCREASE IN EXPENDITURES IN LARGE CITIES, 1900-1910 City 1900 1910 Percentage of increaae New York $185,881,409 30,141,134 30,625.246 28,959,312 8,953,106 6,967,419 1.068,544 $513,225,5551 50,878,547 47,750,049 33,237,816 t 16,322,348 18,014,574 4,644.659 176 68 Philadelphia Boston 55 14 St. Louis 82 Buffalo 158 Atlanta! 334 Data taken from comptrollers' reports of these cities, t Figure* are for 1911, not for 1910. j The expenditures include both ordinary and extraordinary. The figures were taken from BoHon Municipal Slatislics (Special Publications). i Figures are for 1901 and 1911. in the increased indebtedness which the municipalities tend to assume. From over 27 millions in 1842, the indebted- ness of the municipalities in the United States had grown to over 328 millions in 1870, to nearly 707 millions in 1880, to over 744 millions in 1890, and to over 1387 millions in 1902.^ This enormous increase does not imply that the debts are assumed in lieu of taxation; but it results that the COMPARISON OF PER CAPITA EXPENDITURES IN CERTAIN LARGE CITIES, 1890-1912* Per capita New York Chicago Phila- delphia St. Louis Boston PiUs- burgh San Fran- cisco At- lanta 1890: Expendi- tures except for loans and investments. . . 1912: Net gov- ernmental cost payments $24.56 46.29 $13.80 29.30 $13.10 26.49 $14.45 30.21 $32.63 43.39 $12.04 40.66 $18.86 43.34 $15.75 21.35 Extra Census Bulletin No. 70, United State* Cemu* (1894); Financial Statistic* of Cilie* (1912), p. 74. interest on these enormous amounts must be met by taxa- tion, thus adding another considerable item to the budget. ^ United Statet Cermu (Special Report) Wealth, Debt and Taxation (1907). p. 131. 426 THE TAXATION OF LAND VALUE The socializing tendencies of modem communities, more- over, give assurance of the permanence in the trend to- ward increasing public expenditure. Unlike the growth in the outlays of the federal government, due largely to the army, navy, and pension expenditures,^ that of the muni- cipalities is attributable to the developmental needs of government rather than to the protective. ^ The congrega- tion of population in cities following upon the so-called industrial revolution, and the other changes denoted as progress, have made social problems out of what, less than a century ago and to this day in certain remote, rural communities, are considered matters primarily of individ- ual concern, e.g., the education of the young, hygienic con- ditions of the home and neighborhood, etc. The depart- ments of public education, health, public utilities, public charities and recreation, as well as the police and fire departments demand larger appropriations. The following statistics regarding recreation and educational expendi- tures in certain large cities are worth noting: ' Expenditures for recreation Expenditure! for education and lihrariet Citji 1903 1912 Percent . '4 \ncrea*e 1903 191S Percent increase New York... Chicago Philadelphia St. Louis Boston $1,516,057 1,046,799 561,308 160.280 556,221 $4,099,728 2,828,816 934,568 391,555 1,338,939 170 170 66 144 140 $22,923,375 6,703,217 4,522,054 2.083,054 3,868,378 $35,903,197 10.719,484 6,444.380 3,488.917 5,296,073 56 50 42 67 37 * Professor Bullock shows that, deducting the expenses for pensions and army, the per capita expenses of the nation would not have increased at all during the decade 1886-97. Cf. Political Science Quarterly, vol. xviir, p. 104. * Terms used by H. C. Adams {Public Finance) to differentiate the functions of government that uplift and further the social well-being by promoting education, sanitation, public improvements, and public utilities, from the protective functions which serve merely to defend life and property. * Financial Statistics of Cities (1912), Table xn; United States Census Report. Bulletin No. J20 (1902-03), Table xxi. LAND-VALUE TAX IN UNITED STATES 427 In view of the increasing population in urban centers and the simultaneously increasing value of property and income, the above percentages of increase in expenditure may not seem extraordinary. The fact is, however, that the budgetary requirements outrun not only the growth of population, as shown by the higher per capita expenditure, but outrun also the increase in the assessed value of property.^ And if the "social service" functions of govern- ment, as it now appears, continue to increase, the need of more sources of revenue will likewise continue. 3. Further to emphasize the fiscal needs of the local governments, to which our inquiry is confined, it will be y\ necessary merely to show the inadequacy of the general property tax which constitutes the prevailing source of local revenue in this country. Legally both real and per- sonal property are taxable and both are assessable at their full value. The impracticability of this system, which at one time was almost universally prevalent, has led to its abandonment in almost all countries. And now this country too is waking up to the realization that property is no suflBcient test of the taxpayer's ability to contribute to the ; support of government; and that the administrative difficulties in assessing personalty equitably are well-nigh insuperable. 2 So glaring are the inequalities of burden which the tax occasions, that even under the most efficient tax administrations little attempt is made to comply with the provision of the law in assessing personalty. The effect of this inefficient system of taxation has been ^ Cf. Gephart, "The Growth of State and Local Expenditure," in Second Conference of the International Tax Association on State and Local Taxation (1908), p. 624. * There are, nevertheless, a few advocates of the general property tax who believe a graded property tax, with a low rate on certain kinds of personalty would be a productive source of revenue. It is true that, as in Baltimore and Pennsylvania, a low rate will result in an increased assessment of intangible personalty. It is in vain to expect, however, that under a system of self-assessment, which is alone practicable, an equality of burden will result. 428 THE TAXATION OV LAND VALUE to shift the mam burden to real property. This will readily be seen from the fact that, taking the country as a whole, ^ in 1902, the assessed value of real estate was 78 per cent, of personalty only 22 per cent. In the city of New York, personal property contributed 35 per cent of the taxes in 1865, 29 per cent in 1870, 15.5 per cent in 1899, 12.5 per cent in 1903, and only 3.9 per cent in 1913.* In the State of Minnesota, of a total assessment of over a billion dollars, 84 per cent was on real and only 16 per cent was on personal property.' In view of this circumstance it is interesting to inquire how real estate can support this heavy burden, and why a tax on realty arouses less complaint from the proprietors than an equivalent tax on income, for example.* Unques- tionably, the explanation lies in the facts that the value of land tends to appreciate with the increase in the budget demands, that the tax is capitalized and largely amortized, and that the value of the property is generally under- assessed. However necessary, therefore, fiscal authorities may deem it to supplement the realty tax by other im- posts,^ the relief of the landowner from a heavy burden is not a justifiable ground for such action. 4. A further cause of disapproval of the general property tax is the failure to assess real property at its full 1 United States Census (Special Report), Wealth, Debt and Taxation (1907). Table viii. 2 Report of tfie Commissioner of Taxes and Assessment of the City of New York (1913), pp. 90-91. Also, Purdy, Taxation of Personal Property, p. 9. Minnesota Tax Commission, Third Biennial Report (1912), p. 175. * It must be remembered that a two per cent tax on selling value is equivalent to a thirty to forty per cent tax on the income, depending on the rate of interest. Where the land is undervalued, of course the tax is less heavy. Complaints of this burdensome impost are voiced chiefly in rural and village communities where land does not rise in value so rapidly, if at all. ' It is undoubtedly desirable that more than one class, that every individual in fact, should contribute something toward the public budget. Hence other taxes should supplement the realty tax. LAND-VALUE TAX IN UNITED STATES 429 value. In only seven commonwealths, Arizona, the District of Columbia, Illinois, Iowa, Kentucky, New Hampshire, and Vermont,^ does the law provide for assessment at less than the actual value. In all the other states, with the possible exception of certain cities in Massachusetts and New York City, underassessment is the rule in spite of the legal requirement. "The habit of undervaluation is one of such long standing that in most assessment districts sets or series of arbitrary valuations jof assessment 'purposes have become established. ... As the years go by and the assessor continues in office a local system of assessment is developed that is more or less satisfactory to people who give the matter any attention, in that they are assessed on a minimum basis. The assessment thus made is usually copied from year to year and the injustices and inequalities therein existent are perpetuated." * Underassessment in itself is not a serious evil. If the assessed value is thereby less, the rate will be higher; the burden, however, will not be greater. But the defect in the property tax is the failure of uniformity of assessment as between individual owners, between district and district, between rural and city property, between county and county. Such inequality in valuation causes one individ- ual and one section to profit at the expense of another individual and another section. For example, a congres- sional report on the system of assessment in the District * Arizona may assess property at seventy per cent for city purposes; the District of Columbia, at two- thirds of appraised value; Illinois, at one- fifth on all property (since changed to one-third); Iowa, at twenty-five per cent; Kentucky, at seventy per cent; New Hampshire, at fifty cents on $100; while Vermont is authorized to assess each $100 at $1. See United States Census (Special Report), Wealth, Debt and Taxation (1907), p. 628. To these states Minnesota must now be added. In 1912, the full value assessment was relaxed, so that property subject to the general property tax is assessed at forty per cent, while other classes of property are assessed at varying percentages. Taxation and Reventie Systems of State and Local Governments (1912), p. 124. * First Biennial Report of the Minnesota Tax Commission (1908), pp. 6, 8. 4S0 THE TAXATION OF LAND VALUE of Columbia declares that areas occupied by small homes were assessed at sixty per cent of their true value, middle- class houses at fifty per cent, fine residences at thirty per cent, and suburban areas at twenty per cent of their value. ^ Again, in the United States there are many counties in which city and non-agricultural land (that is, suburban land not platted, nor laid out in lots) is as- sessed at a higher rate than farm property, and about as many more counties in which the assessment on farm property ^ is at a higher percentage of value than on urban realty. While this undervaluation may be accounted a matter merely of administrative ineflBciency, there is a more fundamental reason for its existence. So long as the assess- ment is the basis for a state or coimty levy as well as for municipal purposes, there will be a tendency for the local assessor responsible to the local body to underestimate the value of property in his district. "The departure from the full value probably has its origin in an effort to place valua- tions low enough to protect tax payers from paying more than a just proportion of taxes levied by the higher politi- cal organizations. When the departure is once made from the full value, the tendency is constantly downward, for the reason that the district assessments being made in- dependently of each other, the districts which are assessed at a higher ratio of the true value than the average will be forced in the next assessment to a lower valuation in self- protection. In cases of rapid changes in value either advancing by reason of increase in population or business, or decreasing from any cause the assessors will naturally try to protect the interests of their constituents by quickly recognizing any decrease in value, and by being correspond- * Report on Assessment and Taxation of Real Estate in the District of Columbia (1912, House, No. 1215), p. 5. * United States Censxis (Special Report), Wealth, Debt and Taxation (1907), p. 6. LAND-VALUE TAX IN UNITED STATES 431 ingly slow in recognizing an increase, and thus accelerate the downward tendency." ^ As for the inefficiency and incompetency of the assessor, the fault lies with the present system under which, as an elective official, the assessor becomes responsible to a local constituency, and under which, too, the remuneration is often insufficient to enable him to devote all his time to his office. Until expert, civil service employees are engaged to make the valuation, arbitrary guesswork, not scientific accuracy, will continue to be the basis of realty assessment in this country. 5. With regard both to the need for more revenue and to the defects of the general property tax, there is general agreement among fiscal authorities. It is also generally admitted that the first step toward reform is to amend the state constitutions so as to make changes in the tax system possible. Flexibility in legislative powers, in view of the evolution of social institutions, is essential; it is most essential, too, in that very important function of govern- ment, the taxing power. Yet there are only three states (excluding the District of Columbia), Connecticut, New York, and Rhode Island, that have no constitutional restrictions upon the taxing power.'* In all but thirteen states restrictions, more or less far-reaching, obstruct reform in taxation. To aboUsh the "uniform ad valorem system," the taxa- tion of all kinds of property at the same rate, amendments to the constitution are still required in most of the states.^ ^ Somers, The Valuation of Real Estate for the Purpose of Taxation, pp. 3-4. * Cf. Proceedings of the Third International Conference on State and Local Taxation (1909), p. 73. * In spite of the difficulty of passing a constitutional amendment, about a dozen states have succeeded in so doing and more are ready to follow their example. The constitutions of Arizona and New Mexico now permit of classification, while those of New Jersey, Vermont, Maryland, and Iowa never prevented the classification of property. In Pennsylvania, Idaho, Delaware, Virginia, Minnesota, Oklahoma, Iowa, Michigan, 482 THE TAXATION OF LAND VALUE The nature of the amendment can be seen from the pro- vision in the Minnesota constitution (1906) that "taxes shall be uniform upon the same class of subjects." ^ A system of classification of property with varying rates for each class is thus made possible. With this obstruction to legislation removed, some of the states have instituted changes in taxing personalty that are productive of more revenue and distribute the burden upon a larger proportion of the people. Thus, for example, in Maryland, Pennsylvania and West Virginia, a mere reduction in rate on certain forms of intangible property has resulted in a larger return of personalty for taxation than ever before. Other states, after classsifying the different subjects included under personalty, have adopted special taxes for each class. Thus, mortgages, bonds and other forms of credit may now be subject to a recording or registration tax payable once, that is, when the deed or bond is recorded. In New York state the taxpayer is not even required to make a return of his personal property.^ Yet, through a system of classification of personalty, the assessment of intangibles has increased.' But even these special taxes have little to recommend them, except that they are more practicable and less burden- some than the old system of taxing personal property. As for an equitable distribution of burden among the tax- payers, objections may well be raised against these special taxes, first, because the taxation of mortgages and bonds generally involve double taxation, and secondly, because all the personal property cannot be reached even when the rate of tax is slight. While, therefore, many to whom New Hampshire, New York, and Wisconsin the ad valorem principle has been amended. Ibid. (1909), p. 73: (1911), pp. 56-58. 1 United States Census Report, Taxation and Revenue Systems of State and Local Goternments (1912), p. 120. Ibid., p. 162. * See Report of Commissioners of Taxes ... in Neva York City (1913), pp. 11, 102. LAND-VALUE TAX IN UNITED STATES 433 expediency is all-sufficient favor this change in method of assessment, there are others who would prefer to see certain forms of intangible property exempt altogether, and other systems of taxation supersede the antiquated general property levy. For the latter, then, classification of property for purposes of taxation, although admittedly an improvement, is not an adequate reform. The substitution of other taxes for the personal property tax would necessitate further amendment of the state con- stitutions. Wisconsin has successfully substituted an in- come tax,^ while in Canada, where the municipalities have greater freedom of action in budgetary matters, business and habitation as well as income taxes have largely re- placed the old general property tax. Without entering into the relative merits and defects of these imposts, it will be generally admitted that each one could be made not only more productive, but also more widely distributed than the personal property tax. But like the modified per- sonalty taxes discussed above,^ the income tax could still be evaded, while the habitation, license, or business taxes would fail to distribute the burden equally and equitably.' 6. Aside from the legal and economic difficulties in the way of the elimination of the personal property tax in the manner indicated above, there is evident in this country a trend of tax policy which may make a state income, habita- tion, or business tax together with the personalty tax, unnecessary. This tendency is toward the separation of the state from the local sources of taxation. Already in ten states, California, Connecticut, Delaware, New Jersey, New York, Ohio, Vermont, Pennsylvania, Wisconsin, and West Virginia, the separation is more or less complete.* In ^ See Fourth International Conference on State and Local Taxation (1910), pp. 87/., also Census Report, op. cit., p. 261. ' See supra, p. 432. ' Cf. Fourth International Conference on State and Local Taxation (1910), pp. 89, 90. * In some of these states, as in New Jersey, subsidiary levies, as for 484 THE TAXATION OF LAND VALUE others, the dependence of the state upon the general prop- erty tax is growing less.^ An analysis of the sources of income for state purposes, moreover, confirms belief in the continuance and further development of this practice. These sources are public utility and other corporations, inheritances, insurance companies, banks, express com- panies, while some states derive large sums of revenue from licenses, especially liquor licenses, from mortgages, bonds, notes and other secured debts, and also from fees of various kinds. The success of the levies on public utilities, corpora- tions and on inheritances, and the recent unfriendly atti- tude towards monopolies and large fortunes, especially expressing itself in the improved methods of assessment, will tend to make these sources of income more and more productive. Thus the separation of state from local taxa- tion will be furthered. What will be the effects of this policy? First, according to niany,^ separation presents the best remedy for the underassessment of realty.^ This we saw * was one of the defects of the present system of taxation. Secondly, it will facilitate local option in taxation. At first sight the rela- tion between separation of sources for state and local revenue and local option seems remote. But when once the schools, are the only taxes on general property. In Pennsylvania vehicles and intangibles only are taxed for state purposes. In California and Delaware the separation is complete. Cf. Census Report, Taxation and Revenue Systems of State and Local Governments (1912). ^ For example, Massachusetts, Oregon, and Minnesota derive a con- siderable proportion of their revenue from other sources. Cf. Ibid.; also Fifth Conference on State and Local Taxation (1911), p. 238. * There are those who still hold that cooperation between state and local authorities in assessment will solve the evil of underassessment. Cf. Second Conference on State and Local Taxation (1908), pp. 113^. * Another practicable remedy is the apportionment-by-expenditure system. In 1901 this principle was embodied in an Act passed in Oregon, but the reform was never put in practice, largely because of some defec- tive features in the Act. Cf. ibid. (1911), pp. iSTff.; also Purdy, Local Option in Taxation, p. 32. * Supra, 4. LAND-VALUE TAX IN UNITED STATES 435 general property tax is relegated by the state to the local authorities, the interest of the state in the local assess- ments would diminish and there would therefore be less incentive to oppose local option when the latter is de- manded by the municipalities. The problem of "home rule" in taxation is a serious and vital one just now, first, because of the strong division it has created among fiscal authorities, and secondly, because of the far-reaching changes it may effect in taxa- tion. That the municipalities desire local option in taxa- tion is in harmony with democratic government; it is of a piece with the general movement of cities to govern their own affairs.^ And as was admitted in part by an opponent of local option,^ cities like New York, Chicago, Phila- delphia, etc., are commonwealths in themselves and may well be left, within hmits, to govern themselves. The special importance of freedom in taxation, furthermore, grows out of the constitutional restrictions and the con- servatism of the legislature. To await reform in taxation through the slow legislative procedure is in many states hopeless. Hence the demand for the initiative and referen- dum and for local autonomy, or local option. The conse- quences of this policy will be treated in the following section. 7. Local option, it must be remembered, is but a means for overcoming the inflexible framework of our state and federal government, and the political interests which thwart reform. It is, furthermore, a method of adapting the laws to the prevailing variety of conditions. Yet, although local autonomy sounds consistent with the ideal of democracy, it has, just as too much liberty has, great dangers. The history of the struggle in this country * The agitation in Chicago to be given power to control the public utilities corporations, etc., is an illustration of the same movement. * Professor T. S. Adams in Fourth Oonjerence on State and Local Taxa* Hon, p. 107 (footnote). 436 THE TAXATION OF LAND VALUE between state rights and centralization, and of the victory of the latter is sufficient vindication of concentration of authority. But as shown in our history there are limits to this policy. Legislation that is state-wide, for example, is apt to be more effective; nevertheless, in matters purely local this rule has no force. And most large cities that are without a liberal charter are often hampered in their de- velopment through the indifference, ignorance, and self- interest of legislators from remote sections of the state. Admitting the desirabiUty of local autonomy in certain matters, it may, nevertheless, be asked whether taxation is a fit subject for local control. Surely not, when the state is dependent upon the same sources of revenue; nor even if the revenues were all for local purposes, would full power in taxation be justified. We need only to call attention to the evils growing out of the lack of uniformity among the states under our present system and to the recent proposals of inter-state comity, to reject the principle of local autonomy in taxation. Moreover, because of the far- reaching influences of taxation, and the general spirit of rivalry which prevails among the local bodies, it would be dangerous, it is held, to delegate to them full control of the tax system. The power to exempt and discriminate against certain classes of taxable objects might be employed by the towns to attract industries away from other locaUties, for example. The business chaos that might be expected to ensue from such policies may well be imagined. Local option, however, does not imply complete auton- omy. To argue against the latter in opposing "local option" is willfully to evade the issue. ^ The legislature is ^ Professor Bullock points out the inconsistency of the Oregon refer- endum for local option in taxation, to which was attached the provision that no poll tax should be levied in Oregon. If the position of the present writer is correct there is no inconsistency at all. What the people of Oregon voted for was to empower the municipalities to exempt certain kinds of property if they chose, at the same time that they were held subject to other general state laws. See, Fifth Conference on State and Local Taxation (1911), p. 287. LAND-VALUE TAX IN UNITED STATES 437 always well aware of, and the Act always specifies the particular question, in this case, the particular tax or subject in taxation which the municipahty may adopt or reject. So with the local option provisions in New Zealand and in Canada.^ The employment of local option is to give the municipalities a choice of action, and often the power to rescind this action goes with it. In this way local condi- tions are taken into account. Both in New Zealand and in western Canada a two-thirds vote is generally required to carry a petition on a local option measure. The important fact to notice, however, is that the legislature, moved by a strong public opinion that a certain measure is desirable, yields to what appears a harmless compromise. And this concession will be all the more readily made as the separa- tion of state from local taxation becomes complete. Where, then, lies the danger in local option, which has called forth such great opposition on the part of fiscal authorities ?2 It is alleged to be the shortest route to the Single Tax. Few would regret the abolition of the personal property tax by the municipal bodies. But, if given the power to exempt personal property, what if the munici- pality should demand the power to exempt improvements and to abolish all other taxes than the tax on realty? Whether this fear is well founded and justified will appear from a review of recent events. There is unmistakably a movement in certain of our states to seek local option in taxation. It accompanies the propaganda for the initiative and referendum. The curious thing, however, is that these radical propositions encounter less opposition from the state legislatures than from the people themselves. For example, the California amend- * For example, in British Columbia the Municipal Act (Statutes, 1892, sec. 148) granted power to municipalities to pass by-laws for assessing improvements not in excess of fifty per cent of their actual cash value, or to exempt all improvements from taxation. Cf. Conferences on State and Local Taxation (1907), pp. 515/.; (1911), pp. 271Jf. 438 THE TAXATION OF LAND VALUE ment empowering "any county, city and county, city or town to exempt from taxation for local purposes in whole or in part, any one or more of the following classes of property,"^ etc., passed both houses of the legislature in 1912 only to be defeated by the popular vote in November, 1914. In Oregon, it is said, the local option amendment to the constitution was adopted ^ in 1910 chiefly because of the provision for the abolition of the poll tax.' The meas- ure accomplished nothing, since the power to regulate taxation and exemptions, according to the amendment, was "subject to any general law which may be hereafter enacted." But this amendment was subsequently repealed, with the exception of the clause prohibiting the levy of a poll tax.* The conservatism of the general public is further evidenced by the defeat in three counties of Oregon, Clackamas, Multnomah and Coos, of a proposal of the Graduated Specific Tax Exemption League (a Single Tax body) to levy a graduated supertax on land value exceed- ing $10,000 in a single holding. Another proposal for the adoption of the Single Tax for local purposes also met defeat.^ At the same time, the following amendment to the Wisconsin constitution was passed in 1913 by both houses of the legislature:^ "The legislature shall have power to * These classes were: improvements in, on, and over land; shipping; household furniture; live-stock; merchandise; machinery; tools, farming implements; vehicles; other personal property except franchises. See The Public, May 23, 1913, p. 492; also New York Tax Reform Associa- tion, pamphlet No. 552 (1914). ' Sixth Annual Conference on State and Local Taxation (1912), pp. 47- 48; (1911), pp. 245 ff. The vote stood 44,171 for, and 42,127 against, with 33,950 not votmg. {Ibid., p. 248.) Ibid., p. 249. * Art. IX, la. See Census Report, Taxation and Revenue Systems (1912), p. 191. Cf. The Public, October 25, 1912, p. 1010; December 11, 1914. p. 1184. * To become a part of the constitution, this proposed amendment had to be readopted by the next legislature before it could be put to a popular vote. Cf. ibid.. May 30, 1913. In view of the recent defeat of the progressive LAND-VALUE TAX IN UNITED STATES 439 authorize counties, towns, cities and villages, by a vote of the electors therein, to exempt from taxation, in whole or in part, designated classes of property, including the build- ings and improvements on land, but not the land itself; but the value of such exempt property shall be included in the assessment and equalization for State and county taxes." Nothing more has been done with it, however. This evidence of recent legislation would tend to in- dicate that there is not much reason to fear the popular judgment of the American people even in matters of taxa- tion. Indeed, that the initiative petitions for local option have aroused the interest and general intelligence of the people in one of the most important of civic questions has in itself been a most wholesome influence.^ In view of the present defective system of taxation and the many dif- ficulties under which our society is laboring to improve the system, there is to many no more hopeful outlook than this movement toward "restricted" local option in taxation.^ 8. Whatever direction reform in local taxation may take in this country, it may be confidently assumed that real estate will continue to constitute the most substantial source of revenue. The first and most essential step, there- fore, must be to eliminate the defects in that system of party in Wisconsin (November, 1914) there is little hope for the adoption of the amendment. * See Fifth Conference on State and Local Taxation (1911), p. 251. * It is significant that the opposition to "home rule" in taxation has been awakened by the attempts of the Single Taxers to use local op- tion as a means to submit their doctrines to a popular vote. In 1907, the National Tax Association adopted without much opposition the following resolution: "That state and local systems should be so far divorced that by general laws the appropriate local governing bodies may, if deemed expedient, be granted certain limited and carefully prescribed powers over the licensing of occupations and the selection of subjects of local taxation and the rate of assessment upon such subjects." At the fifth conference of the Association, in 1911, on account of the diversity of opinion among the members that had arisen since 1907 on the question of local option, the above-quoted resolution was withdrawn. Cf. Proceeding* of the Fifth National Conference (1911), pp. 4SJ5 jf. 440 THE TAXATION OF LAND VALUE taxation, which are chiefly administrative. The importance of a more eJBBcient system of valuation and assessment can scarcely be exaggerated, since it would not only tend to equalize the burden of taxation, but would, in a great measure, make special and additional taxes in our localities unnecessary. Moreover, any proposed new tax will pre- suppose a more expert method of administration than at present employed. Already a number of American municipalities have taken action to improve the administration of the realty tax. The movement in general is toward expert valuation of property, toward full-value assessment, and toward an- nual revaluation. What is meant by an expert, scientific method of appraising real property has already been described.^ The first requirement for a fairly accurate system of valuation is the separation of the value of the land from that of the improvements; the second is the employment of maps and rules for relative values; the third, good administrative machinery, trained valuers holding office by civil service appointment and responsible to a head taxing authority. The progress already made in this country toward such scientific valuation is a strong argument against the half- way schemes to patch up the assessment roll which are advocated in some states. The recent attempts by the Tax Commissions of Wisconsin and Michigan to ascer- tain the actual value of real property by a comparison of a number of recorded sales with the assessed value of the same property and under the untenable assumption that the same discrepancy that existed between the sale and assessed value in a relatively few cases will apply to all property, 2 are futile and inadequate to overcome the flagrant inequaUties in assessment. Even though the assessed value of real property has by this method risen * Supra, chapter vii, 13 Jf. * Cf. Second Conference on State and Local Taxation (1908), pp. ISW/. LAND-VALUE TAX IN UNITED STATES 441 enormously, the process of attempting an equalization of the admittedly incompetent original assessment, is scarcely commendable. And added to this fundamental defect is that arising from the fact that the recorded values are often nominal and fallacious and that the number of sales transactions in any one year are com- paratively few. There remains, therefore, no doubt that the more scientific and in the end more practicable method of valuation is that endorsed by the committee of the National Tax Association on Real Estate Assessment, and practiced in New York City, a cadastral valuation based on the principles already set forth. The second change in our administrative system, namely, full-value assessment, will automatically result from an expert valuation. Whether underassessment is legally required,^ or is the outcome of a defective system, it is to be condemned. Enough reasons have already been given elsewhere ^ in favor of full-value assessment. We repeat that from a purely business standpoint its influence is most favorable, since underassessment, even when uniform (which is contrary to experience), means a higher tax rate.' Yet a low rate will all the more readily attract residents and business to a community. As to annual assessments, inasmuch as it is the tendency of land to fluctuate and especially to appreciate in value, the valuation must be frequent enough to reflect such fluctuations. And without a revaluation, even annual assessments have proven ineffective. Already assessments are made annually in twenty-four states for all taxing * As in Illinois and several other states. * See supra, 4. * The recent reform in Ohio, the chief feature of which consisted in adopting full-value assessment, has shown the value of the change. The maximum rate limit for all local purposes in Ohio has been fixed at fifteen mills, while in Chicago for practically the same purposes the tax rate for 1915 is about fifty mills. (In Chicago, however, property is legally assessed at one-third of its actual value.) 442 THE TAXATOIN OF LAND VALUE purposes, and in seven more for local purposes only,* thirty-one states in all. In most of these cases, however, the assessment of the previous year with or without changes is readopted for the current year. To be effective, then, an annual revaluation of the property is necessary. 9. The need of administrative reform being generally acknowledged, the more disputed question presents itself, as to what new sources of revenue are available for local purposes. Speaking generally, local tax reform tends to take one or more of three forms : (1) the classified general property tax, or (2) the realty tax supplemented by special taxes on business, corporations, and possibly income, or (3) the realty tax relegated exclusively to the local authori- ties. The adoption of any one of these systems will require in most states a constitutional amendment. The prefer- ence, then, rests on the basis of relative expediency, for opinion is divided with regard to the relative equity of the proposed substitutes for the general property tax.^ If there is some truth in the adage, "every old tax is good, every new one bad," the introduction of new and untried taxes into the local system in this country should and probably will proceed slowly. The conservative tend- ency toward reform in the United States bears out this statement. For this reason the course of reform is greatly in favor of the classified property tax which involves only slight innovation. The classified property tax, moreover, is preferred to the separation of the revenue sources of state and local governments respectively, because of the far-reaching consequences which the latter may involve. Indeed, the opposition against separation seems to be actuated by the fact that it will lead to local option, local option to the tax on land value, and land- value taxation to the Single Tax.' 1 United States Census (Special Report), Wealth, Debt, and Taxation (1907), p. 627. * See supra, 6, 6. . * In reference to the experience of Pennsylvania and Maryland (see LAND-VALUE TAX IN UNITED STATES 443 Nevertheless, the expedient of dividing the revenue sources between the state and local governments is making progress.^ With the modern movement toward the levy of specific taxes on public utility and other corporations, on inheritance, insurance, and on mines for state purposes, the separation of sources will grow more feasible. ^ In fact the tendency is for separation to follow classification. Iowa and Virginia exemplify this movement. In both of these states classification is not restricted by the constitu- tion, and departure from the uniform ad valorem property tax has been tried. In 1913, an amendment passed the legislature of Iowa, providing for a separation of the sources of revenue.' In Virginia a partial ^ separation was enacted in 1915. Another noteworthy enactment, a half- way measure, perhaps, between classification and separa- tion, is the plan adopted by Connecticut of apportioning the state direct tax against the towns in proportion to their revenue, instead of proportionately to their assessed valuation.^ The replacing of the personal property tax in our local bodies by business and income taxes, as has been the devel- supra, 4) with the classified property tax. Professor Bullock asks: "Is it Dot possible that these commonwealths have found a practicable, if not an ideal, method of removing the worst evils in American state and location taxation? " See Second Conference on State and Local Taxation (1908), p. 137. How much the inevitable movement toward local option which Professor Bullock desires to ward off is responsible for the senti- ment quoted above can only be surmised. 1 C/. supra, 6. * The most serious objection to separation, the lack of elasticity of the state system of taxation (c/. Seligman, Essays in Taxation (1913), pp. S5Sf.), has not interfered with the method in Delaware, for example, where it is of long standing. * The amendment must be passed again in 1915, before it can be sub- mitted to the people. Cf. New York Tax Reform Association, pamphlet No. 647 (1913). * Ibid., pamphlet No. 560 (1915). Partial separation, because realty is relegated to the local bodies for all purposes, except for the school tax rate of ten cents which is to remain a state levy. Ihid. (1916). Cf. supra, p. 434, footnote 3. , 444 THE TAXATION OF LAND VALUE opment in Canada, is for practical reasons remote. The inexpediency of the business tax for large cities lies funda- mentally in the diflSculty of finding a measure of even relative uniformity to ensure equality of burden. The experience with this tax even in the smaller communities of Canada affords evidence of its defects. It is readily seen that to make the actual rental the basis of levy is to inflict an inordinate hardship upon the retail merchants, for example, whose rental is comparatively higher on account of the better location and size of their premises. In most cases, therefore, floor space has superseded rental as the unit of measure for the tax. But this has necessitated generally an elaborate classification of the various busi- nesses, with a variety of rates or assessed valuations of the different classes. In Winnipeg, for example, where both methods of assessment have been tried, there is dissat- isfaction with the present system, which makes an assumed rental the basis of assessment.^ The complications which would arise in any large American city, from a classifica- tion which must be more or less arbitrary, are alone a suflBcient deterrent to the introduction of the business tax. As for the local income tax, the diflBdence shown in this country with regard to its levy even for state purposes,^ and the inexpediency of taxing income locally, because income is no longer local in character, argue strongly against its introduction.' From the administrative stand- point, therefore, the most feasible of the proposed new taxes is perhaps the habitation tax. But because of its "regressive" and its unprecedented character in American communities its institution will probably depend upon the * Cf. Haig, The Exemption of Improvements from Taxation in Canada and the United States, pp. 22 ff. * Only seven states have enacted income tax laws. Taxation and Revenue Systems of State and Local Governments (1912), p. 10. * The last objection would of course lose its force if the tax was admin- istered by the state or central jurisdiction and the revenue apportioned among the local governments. LAND-VALUE TAX IN UNITED STATES 445 urgency of the fiscal stress, and the effectiveness of the other changes, namely, classification and separation, to relieve the pressure of the growing budgets. 10. There is, however, one alternative method of raising more revenue. That is to increase the tax on real property. That the latter is already heavily burdened has been shown above. ^ But the increase of burden would occasion less opposition, were it not for the fact that the charge falls as heavily on the tenant as on the landowner. To raise the rate of impost is, therefore, to hinder building operations and to aggravate the general condition of con- gestion in urban communities. Hence the growing popu- larity of the tax on land value. The tax on land value is in reality, then, no new source of revenue; the untaxing of buildings is intended rather to free the way to put a heavier charge upon the land. To the extent that this is confiscatory and too discriminatory its adoption in this country is remote. In so far, however, as the tax on land value involves the untaxing of buildings without over-burdening the landowner its expediency will appeal to the general public. Now, under what circum- stances is the proposal in the latter sense feasible? First, the relation of the separation of the state and local sources of revenue to the tax on land value has been pointed out. The dependence of the two reforms is reciprocal. While the separation of sources tends to facilitate the introduction of the tax on land value, the latter pre- supposes and would be inexpedient without separation. The reason is as follows: the exemption of improvements from taxation would impose an unequal burden upon land owners in rural and urban communities respectively. As a matter of fact, since the relative value of the land and improvements varies in the different counties, cities, vil- lages, and rural districts, a state tax on land value, unless apportioned among the local governments according to * Supra, 3. 446 THE TAXATION OF LAND VALUE expenditure,^ would have no possibility of enactment. For example, in Minnesota, the remission of the tax on structures, according to the Tax Commissioner's estimate,^ would necessitate an average increase in the tax rate of 12.6 per cent in the rural districts (where the land far exceeds the improvements in value), and an increase of 103.75 per cent in the cities. It is evident how onerous such an exemption of improvements would be, if a uniform rate were struck for state purposes. If, however, the municipalities should receive the quota from the property tax now accruing to the state, the tax rate under the new system could be reduced to that degree. That the relief from separation will not be significant will appear from the following considerations. In 1902, about eleven per cent of the total receipts from the general prop- erty tax in the country constituted the state levy.' But it must be remembered that the exemption of personalty which may be expected to accompany the proposal to untax buildings will largely offset this source of relief. Moreover, this relief will not apply to the states where separation is now wholly, or approximately, in force. To what degree separation will prevent an additional burden from falling upon site value will depend upon the condi- tions in the various communities. For this reason, the desirability of local option has been advocated. Aside from the unequal distribution of burden upon rural and urban districts to be thereby obviated, there is a further reason for local option. There are muni- cipalities where the value of the land tends to increase rapidly. These are the local bodies where the untaxing of the buildings could be instituted without the imposition of * Cf. Seligman, Essays in Taxation (1913), pp. 358 jf. ' Third Biennial Report of the Minnesota Tax Commission, pp. 178-79. * Taking the United States as a whole, 51.7 per cent of all the state revenue in 1902 consisted of the general property tax yield. United States Census (Special Report), Wealth, Debt, and Taxation (1907), p. 968. LAND-VALUE TAX IN UNITED STATES 447 a heavier burden on the land. And if there be a grain of truth in the contention that the untaxing of buildings will stimulate business and industry and attract population, this tendency of rising land value will even be accelerated to the advantage of the landowner. Here, indeed, we must call attention to the fear expressed by some that under local option the tax on land value might be employed by municipalities as a means to attract business and popula- tion from rival cities. Without denying the possibility of misusing complete home rule in taxation, the argument is, nevertheless, an admission of the wholesomeness and expediency of the new system. The movement to exempt machinery from taxation in American cities^ is dominated by the same motive, namely, to attract and encourage industry. And why should not a wholesome tax system, or in fact any civic institution, be used as a bonus to out- side industry, just as an endowment by leading citizens is often used to lure an industry to a city? If business will thrive better where improvements are not taxable, the latter, if other considerations allow, might be exempted with advantage. Least of all has the landlord great cause to complain, for whatever enhances the industrial pros- perity of the town causes his land to appreciate in value.* A third consideration bearing upon the problem of the untaxing of buildings without levying an excessive tax on land arises from the underlying requirements of the new * See infra, 12. * It is interesting in this connection to show how readily the business world and especially the realty operators respond to a reform which promises to promote prosperity. This explains, perhaps, the great and often favorable comment on the so-called Single Tax in realty journals, such as the Real Estate Magazine. For example, there appeared in the Wall Street Journal (May 14, 1914) an article in praise of the Houston (Texas) Plan of Taxation because of its efiFect on "boosting" the town. The plan is partially the tax on land value (see infra, 12). In view of the agitation concerning the tax in New York City, however, the article could not stand unassailed. Hence Allan Robinson's very effective criticism of the Houston experiment in the Wall Street Journal of May 23, 1911. 448 THE TAXATION OF LAND VALUE system, namely full-value assessments and annual revalua- tions. In view of the prevailing underassessment of real property for taxing purposes, expert valuation and assess- ment at full market value would swell the assessment roll; and if revaluation were made frequently enough, pref- erably annually, the increments of land value in urban communities would also augment the proceeds of the tax. Fourthly, it might be found expedient to reduce the rate on buildings as compared with that on land, or to untax buildings altogether, covering the deficit in revenue through the levy of other taxes. If the choice lay between the old realty tax and the new proposed additional tax on habitation, business, or income, few would decide for the latter, for the reasons already set forth. If, however, the tax could be removed from buildings, by the substitu- tion of special and franchise taxes, and of a more extended licensing system, much could be said in favor of such exemption. 11. Speaking generally, however, there are but few municipalities in this country where the tax on land value would not impose a heavier charge on the property- holder than under the realty tax. The relative value of land and buildings will determine the amount of added burden. In general it may be said: (1) that there are few urban and rural communities where, if the reform were complete, an increase of one hundred per cent in the tax rate would be necessary, since such an increase would imply that the value of the improvements exceeds the value of the land; (2) that there are only a few localities, where the rise in land value, and the relatively greater value of the land than the buildings would occasion no in- crease in the tax rate; (3) that in the majority of local governments, some advance in rate would be needed, the increase varying from a few mills to one or two per cent.^ * In the case of New York City, we estimated an increase in the tax rate of over eleven mills. C/. supra, p. 343, footnote. LAND-VALUE TAX IN UNITED STATES 449 Again we must call attention to the fact that, in spite of the higher tax rate, the landowner will not necessarily find his tax bill higher. The distribution of the shifted charge will fall unequally. A little reflection shows that the tax on land value puts a premium upon improved land. The proprietor, therefore, who has expended more on improve- ments than on the value of the site, will profit at the ex- pense of the owner of vacant property. Since the ground owner in this country is in most cases the proprietor of the improvements as well, it is evident that many of them might be relieved by the change rather than burdened. This assumes, however, that the proprietor is also the occupier of the building, or that the remission of the tax on buildings will not fall to the benefit of the tenant in re- duced rents. ^ Take New York City, for example.^ Less than six per cent of the famiUes In Manhattan live in their own houses. In the other four boroughs the percentage will of course be much greater. Some of these owner-occupiers in Man- hattan would probably enjoy a reduction in taxes; these would comprise the owners of the finest residences in that borough. The occupiers of the average single family house, according to Dr. Haig, would find their tax bill increased, because the value of the land in Manhattan is excessive as compared with the cost of the ordinary dwelling house. In the other boroughs, however, the owner of his residence would generally have less taxes to pay. The relief accruing to such owner, however, might be counterbalanced by the reduced value of his property which is another probable effect of the introduction of the tax. The last consideration * Frictional forces, we have seen, may prevent the shifting from taking place. * Dr. Haig has worked out the probable distribution of burden that the reduction of the tax on buildings by fifty per cent would occasion in New York City. In this section we reproduce his conclusions. Cf. Haig, Some Probable Effects of the Exemption oj Improvements from Taxation in the City of New York, pp. 1S88 Jf . 450 THE TAXATION OF LAND VALUE does not seem important in the case of the home-owner who in general may be expected to remain in possession. In the case of the owners who let their houses the reduc- tion of the tax on buildings should theoretically fall to the profit of the tenant; but to the extent that friction will hinder the transmission of the benefit, the remission of the tax will rather relieve the landlord, provided the value of the improvement on the land exceeds the average ratio between the site and building values for the whole taxing jurisdiction. Now, in New York City, where rented apart- ments and houses are the rule, the landowner would find his tax bill reduced or increased according to the value of the improvements on the site. On the average the value of the building tends to exceed the value of the land in the three boroughs, Brooklyn, Bronx, and Richmond; for Man- hattan and Queens the contrary is true. In the latter borough the large number of vacant and undeveloped parcels of land, in Manhattan the proportionately greater land value, will increase the burden of the property holder. "Houses in Manhattan would usually pay higher taxes while those in other boroughs would pay lower ones. In Manhattan the more expensive parcels in the samples would receive decreases; in the Bronx the less expensive ones. Tenements in one portion of Manhattan would pay greater taxes while those in other sections would pay smaller." ^ The important conclusion, as pointed out by Dr. Haig, is this: In so far as indirect benefits may be ex- pected to follow the new system and to raise the value of the land, and in so far as the owner is the occupier or user of improved property, he will gain; but as ground owner he will have higher taxes to pay on his land. There- fore, unless other changes in the tax system accompany the untaxing of buildings, the landowner alone will be discrim- inated against by the change. 12. Until recent years, the proposal of the tax on land * Haig, The Exemption of Improvements, etc., p. 134. LAND-VALUE TAX IN UNITED STATES 451 value, confounded with the Single Tax, remained a dead issue in this country. Only with the widespread reaction against the existing system of taxation is the question coming to the front. At this time, indeed, when the more immediate and urgent tax measures are pressing for adop- tion, the activity of the Single Taxers in the propaganda of the tax on land value, insignificant as their organization is, is noteworthy.^ Their advocacy of the tax on land value is entirely opportunistic; that is, the Single Taxers view the land-value tax as the entering wedge. It may well be, however, that the Single Tax bugbear will retard rather than promote the adoption of the tax on land value. Nowhere in this country thus far has the attempt been made to introduce the tax on land value in its entirety. Most of the legislation which sought to exempt improve- ments gradually has met with failure. Only a few instances of success in introducing the partial exemption of improve- ments are recorded as the following summary of the legis- lation will make clear. That attempts to introduce the tax should be made in states having the initiative and referendum is not strange. The reform was made part of the election campaigns in Oregon, Washington, and Missouri, and the referendum propaganda was assisted by the Joseph Fels Fund ^ organ- ized for the promotion of Single Tax legislation in the United States. The defeat of the measures in Oregon have been mentioned.' In Washington it was no different. In accordance with a constitutional amendment in that state, cities are empowered to draft their own charters. In 1911, * It is to the credit of the Single Taxers that, more consistent than some of their opponents, they do not urge the immediate adoption of their Utopian system in toto; but they are confident that the success of partial exemption of improvements, full-value assessments, etc., will further their complete system. ' Mr. Fels contributed a sum equal to all the other contributions to the Fund. Cf. Joseph Fels Fund Bulletin (1913). * See supra, p. 438. 452 THE TAXATION OF LAND VALUE accordingly, an amendment to the city charter of Everett was proposed and adopted providing for the exemption of improvements for local purposes to the extent of twenty- five per cent of their value in 1912 and 1913, to fifty per cent in 1915, to seventy-five per cent in 1916 and their total exemption thereafter.^ In spite of the afiirmative vote, the city commission of Washington decided to exclude the amendment from the new charter, but to submit it as a supplementary proposal to the charter. This amendment, submitted to a referendum vote in March, 1912, was defeated. At the November election of the same year, however, the proposal was carried in every ward, the vote standing 4200 in favor to 2200 against.^ The amendment to the Seattle charter fared differently. Adopted by the city council in December, 1911, the measure was submitted to the people the following March only to be defeated by a vote of about 12,000 to 28,000. Another proposal for the gradual exemption of improve- ments introduced by Councilman Erickson met the same fate as the first.' In Missouri the attempt of the Equitable Taxation League* and of the Civic League of St. Louis,^ in 1912, to The Public, November 24, 1911, p. 1194; May 8, 1912, p. 422; November 15, 1912, p. 1091. * The fate of this measure is undecided. The oflBcials declaring it to be unconstitutional have not put it in operation. Cf. Haig, The Exemption of Improvements, etc., p. 258. The Public, January 15, November 22, 1912; March 14, 1913. * This league was instrumental in obtaining 80,000 signatures to the initiative petition. See ibid., August 28, and July 12, 1912. ' Report of the Municipal Finance and Taxation Committee of the Civic League of St, Louis on the Taxation Amendments to the State Constitution of Missouri to be submitted November, 1912. Section 1 of the proposed amendment provided: that "all property now subject to taxation shall be classified for purposes of taxation and for exemption from taxation as follows: " Class one shall include all personal property. All bonds and public security of the State, and of the political subdivisions and municipalities thereof, now or hereafter issued shall be exempt from all taxes and all per- sonal property shall be exempt from all taxes, State and local, in the year LAND-VALUE TAX IN UNITED STATES 453 amend the constitution providing for the gradual exemp- tion of improvements and the exemption of personal prop- erty failed. After a vigorous campaign, the measure was defeated by a large majority.^ While this referendum and active propaganda terminated in defeat, the first step toward the taxation of land value has been taken by a few municipalities, without the publicity of which we have just spoken. In Houston, Texas, the tax commissioner, J. J. Pastoriza, a disciple of Henry George, upon assuming office in 1911 decided to introduce some changes. Texas is hampered by the con- stitutional provision which requires uniformity in the taxation of all property, tangible and intangible. Pastor- iza's predecessors had violated this provision, and Pastoriza decided that he would also, but in another way. First he had the Somers' system of valuation introduced and then fixed the assessment, so that land was assessed at its "fair" value, '^ and improvements at twenty-five per cent of their actual value, or cost of reproduction. Personal property 1914 and thereafter, provided that nothing in this amendment shall be construed as limiting or denying the power of the State to tax any form of franchise, privilege or inheritance. " Class two shall include all improvements in or on lands, except improvements in or on lands now exempt from taxation by law. In the year 1914 and 1915, all property in class two shall be exempt from all taxes. State and local, to the extent of one-fourth of the assessed value of such property; in the years 1916 and 1917, to the extent of two-fourths; in 1918 and 1919 to the extent of three-fourths; and in the year 1920 and thereafter, all property in class two shall be exempt from all taxes. State and local; provided, however, that in the year 1914 and thereafter, the improvements to the extent of $3000 in assessed value on the home- stead of every householder or head of a family shall be exempt from all taxes. State and local." The Public, November 1, 1912, pp. 1035-36. ^ The amendment was opposed most strenuously by the agricultural population of the state. CJ. The Public, September 13, and November 15, 1912, p. 1091. * That is Pastoriza's statement. See The Public (February 20, 1914), p. 179; (June 12, 1914), p. 557. Fair means about seventy per cent. The buildings were assessed at thirty-three per cent of their value in 1912 and 1913, and at twenty-five per cent in 1914. Cf. Haig, The Exemption of Improvements, etc., p. 244. 4M THE TAXATION OF LAND VALUE continued to be taxed, but no attempt was made to reach it. Bank deposits, credits, and house furnishings were not taxed. The reform consisted, therefore, in estabHshing an expert and more equal valuation of the land, and in reducing the rate on buildings to about 36 per cent of that on land. According to the Tax Commissioner ^ and the Single Taxers, very noteworthy results have ensued. First, the total assessments were raised from 64 million dollars in 1910 to 94 millions in 1912; and it is claimed that by this change the tax rate had been reduced from $1.70 to $1.50. As a result of the readjustment in valuation and assess- ment over 5000 owners paid less taxes in 1912 than in 1910.^ Secondly, building operations have been enor- mously stimulated. The number of building permits during the first six months of 1912 showed an increase of 55 per cent over the corresponding period in 1911.^ Thirdly, Mr. Pastoriza claims that the partial exemption of improve- ments has lowered house rents.* Fourthly, the general ^ In spite of the agitation among his opponents, Mr. Pastoriza has been twice reelected by a large majority. According to J. Pastoriza the population of Houston since 1910 had increased by 25,000. (See Wall Street Journal, May 14, 1914.) His friends set it even higher. (The Public, January 9, 1914, p. 81.) The Public, June 21, March 29, August 23, 1912. Ibid., June 12, February 20, 1914. The reports of the building insi)ectors present even a more favorable showing than the statement quoted. The following shows the valuation of building permits before and after the adoption of the Houston Plan. (Statement of financial statistics furnished the writer by J. J. Pastoriza.) Year Valuation Year Valuation 1910 $3,695,145 1913 $5,432,265 1911 3,685.468 1914 4,044,367 1912 5,142,352 1915 2,418,693 * These are his words: " The exemption of buildings from taxation to the amount of seventy-five per cent of tneir value has had the effect to lower rents, which is only another way of saying that it has raised wages. The following is a short list of houses (there are many more) showing the amount of reduction in rent since the Houston Plan of Taxation has been in existence. The plan has caused many new houses to be erected, thus LAND-VALUE TAX IN UNITED STATES 455 progress of the city is thought to owe something to the Houston Plan of Taxation.^ Statistics, indeed, bear out the statements of Pastoriza, but they do not reveal the cause of the remarkable progress made by Houston. The popularity of this illegal reform, nevertheless, indicates its general soundness.^ This interesting experiment has, how- ever, been cut short by the recent court decision declar- ing the method of taxation in Houston illegal.' Another example of reform in the same direction was the enactment of the Stein Bill * in Pennsylvania providing for the gradual exemption of improvements from taxation in second class cities, i.e., in Pittsburgh and Scranton. Especially significant is this legislation for Pittsburgh, creating competition and changing the condition which existed before the Houston Plan of Taxation was inaugurated. Before that time there were two or three tenants for every house that was newly built; as a result house rent jumped to the skies. Now there is never more than one tenant after a house when it is completed, and sometimes not that. The result is that the owners of houses, being anxious to rent, have reduced the rent until the revenue derived from improved property does not exceed very much the interest which you can get for money in the open market. I will ask if this is not a good thing for the people of our city? " Quoted from The Public. June 12, 1914, p. 557. * Allan Robinson, President of the Allied Real Estate Interests, attempted to refute some of the claims of Pastoriza with regard to the effects of the tax. {Wall Street Journal, May 23, 1914.) To the state- ment that the bank deposits had increased in Houston about seven millions of dollars from 1911 to 1912, Robinson quotes figures to prove that other cities in Texas show similar gains. Taking all the facts into consideration Houston does show remarkable progress for a city of its size. ' " The people have expressed themselves universally as being satis- fied with the Houston Plan of Taxation, and I believe that if the matter was submitted to a vote of the people, over 90 per cent of them would vote in favor of it." (From Report of Tax Commissioner (1914), in City Book of Houston, p. 97.) Although this estimate may be judged extrava- gant, yet Mr. Pastoriza has been elected again and again on the platform of retaining the illegal system he has introduced. Cf. Haig, The Exemp- tion of Improvements, pp. 243, 251 ff. * Decision rendered by Judge Read, of the Texas State District Court, at Houston on March 2. The Public, March 12, 1915, p. 260. * H.R. 967. Passed in May, 1913; approved May 15. Pennsylvania, 1913, No. 147. 456 THE TAXATION OF LAND VALUE where until 1911 property was assessed according to a classification made in 1867, the land being divided into three categories, agricultural, rural, and full city land.^ The Act of 1913 provides that the assessment on buildings shall be reduced to ninety per cent of their actual value the first year, to be followed by a further reduction of ten per cent every third year, until after fourteen years the exemp- tion will be only fifty per cent. If not repealed, this legis- lation may after a few years' operation serve as an object lesson to other states. A few more isolated instances where the principle of exemption of improvements is in force could be mentioned, as for example, Pueblo, Colo., and Modesto, Cal. The latter is an irrigation district. A few more irrigation dis- tricts in the San Joaquin Valley took advantage of the California state law to pay for the irrigation projects by a special assessment on land value. The results of the new system there are said to be noteworthy. ^ In Pueblo, the initiative petition to amend the city charter providing for ^ The first kind paid one-third of the prevailing tax rate in the ward, the second kind two-thirds, the last kind the full tax rate. With revalua- tion of the land in a growing city like Pittsburgh, the effect of such a sys- tem can readily be imagined. " Property for some distance along one side of Center Avenue, and also along Fifth Avenue has been classed 'full,' paying the full tax rate, while at the same time, that on the other side of the street has paid but two-thirds of the rate" "it was found that the low rates have been paid almost entirely by large 'agricultural' hold- ings and expensive residence properties while the high rates have been saddled upon small business realty, small residences, and congested tenement neighborhoods." The Survey, July 1, 1911, pp. 477, 479. This "fiscal anachronism" as some one has well called the system was abolished in 1911, and in the same year the legislature passed an Act exempting machinery from taxation in Pittsburgh and Scranton for municipal purposes. It is claimed that Mayor Magee saw the possibility of the tax in stimulating industry and therefore had the Canadian system investigated. The Pittsburgh Civic League aided and supported him. Cf. The Public, February 14, 1913, p. 151. In a pamphlet. An Act to Promote Pittsburgh's Progress by Reducing the Tax Rate on Buildinga forty per cent, examples were cited showing that the change would occasion an increase in rate only from fifteen mills to eighteen mills. The Public. February 27, 1914, pp. 205-06. LAND-VALUE TAX IN UNITED STATES 457 the partial reduction of the tax on buildings was adopted November 5, 1913, by a majority of 540. In 1914, fifty per cent of the value of realty improvements and buildings was to be exempt; in 1915, ninety-nine per cent was to be exempt for local purposes.^ After being in operation two years, the measure was repealed on November 2, 1915. The vote for adoption, in 1913, was 2711 for, and 2171 against; in 1915, the vote cast was larger, 3042 against, to 8255 for repeal." In New York City two thus far unsuccessful attempts have been made to tax land value. The movement is the outcome chiefly of the agitation for better housing.' The Congestion Commission of 1910 recommended a decrease in tax rate on improvements and an increase of the rate on land value. This recommendation was embod- ied in the Herrick-Schaap Bill providing for the gradual exemption of improvements to the extent of fifty per cent.* The second proposal was the levy of a value-increment tax. This tax was recommended by the Commission on New Sources of City Revenue appointed by Mayor Gaynor in 1911.^ Among other taxes advocated by this Commission was an annual increment tax of one per cent "to be perpetual upon all increments of land values as shown by comparison with the assessed valuations of the The Public, November 14, 1913, p. 1089; Haig, The Exemption of Improvements, etc., p. 253. The Public, November 19, 1915. p. 1122. The housing exhibit held in New York City was an attempt to bring home to the people the necessity of the proposed tax reform. CJ. The Survey. March 15, 1913. * Cf. Report of The New York City Commission on Congestion of Popu" lotion (1911), p. 32. The Bill of 1915 proposed the untaxing of build- ings gradually so that after a period of ten years the exemption would be practically complete. ' Report of the Commission on New Sources of City Revenue, City of New York (1913), p. 6. The untaxing of buildings was again made the subject of investigation by the Mayor's Committee on Taxation in New York City in 1915. Cf. Find Report of the Committee on Taxation of the City of New York (1916). 458 THE TAXATION OF LAND VALUE year 1912, and to be in addition to the general tax levied upon all real estate." ^ These few attempts to introduce the partial untaxing of buildings may be classified into three general categories. The Oregon, Washington, Colorado, and Missoui^ move- ments were instigated largely by the Single Tax propa- ganda. These states are a fertile ^il for agitation because of the referendum possibilities. The Houston, Pittsburgh, and Scranton experiments must be attributed rather to the widespread tendency in this country to underassess im- provements, machinery, etc. For example, in Minnesota "a custom has been developed in the state of assessing land and improvements at different percentages of actual value. Especially is this true in the newer parts of the state. The argument has been advanced that a heavy assessment is a fine on improvements." ^ Under the pres- ent defective system of assessment such illegal under- valuation of improvements may be assumed to be general. Moreover, the same trend is evident in the recent legal exemption of machinery and tools from taxation in Pitts- burgh and Scranton (1911) and more recently in Phila- delphia (1915)."' The purpose in all such cases is probably to lighten the burden on industry. The agitation in New York, on the other hand, may be regarded as the out- growth (1) of the housing reform movement, and (2) of the search for new sources of revenue to- cover the colossal budget.* * In addition to what has been said in disapproval of a local increment tax (see supra, 1), it must be pointed out that the great discontent in New York City with the assessed values in recent years makes the above proposal of an annual increment tax, at least until conditions in the realty market change, very undesirable and inexpedient. If levied on the occasion of sale as in Germany the computation of the increment would be much simpler and the tax more equitable. ' First Biennial Report of the Minnesota Tax Commission, p. 56. Pennsylvania (1915), No. 346. * The activity of the Society to Lower Rents has helped bring this proposal before the various tax committees. LAND-VALUE TAX IN UNITED STATES 459 As yet, with the exception of a few isolated instances, reform in local taxation in the United States is still in its infancy. The prospect of the institution of the tax on land value is, therefore, remote. The momentum of the agita- tion to introduce the tax will quicken, however, as the fis- cal exigencies of the cities assert themselves. But judging from the conservatism displayed by the people with regard to the referendum measures mentioned above, the adoption of the tax on land value can only be the outgrowth of the general fiscal reform movement, not the vindication of the Single Tax doctrines. THE END BIBLIOGRAPHY I. General and Miscellaneous References Adams, H. C. Science of Finance. New York, 1898. Anderson, James. Enquiry into the Nature of the Corn Laws; with a View to the New Corn Bill Proposed for Scotland. Edinburgh, 1777. Armitage-Smith, G. Principles and Methods of Taxation. Lon- don, 1910. Assessment of Real Estate for Purposes of Taxation, The. City Club Bulletin (Phil.), v. 6, March 4, 1913, pp. 321/. Bastable, C. F. Public Finance. Sd ed. London, 1903. Bellom, M. L'Imp6t sur la Plus- Value des Immeubles. In Seances et Travaux de L 'Academic des Sciences Morales et Politiques. N.S., v. 75, 1911, pp. 379/. Bericht Uber den ersten allgemeinen deutschen Wohnungskon- gress in Frankfurt a. M., 1904. Gottingen, 1905. Bericht Uber den zweiten deutschen Wohnimgskongress in Leip- zig, 1911. Gottingen, 1912. Bernhard, A. D. Some Principles and Problems of Real Estate Valuation. Baltimore, 1913. Bowen, D. The Taxation of Mines in Various Countries. In Transactions of the Institution of Mining Engineers, v. 44, pp. 560/ London, 1913. Buchenberger, A. Agrarwesen und AgrarpoHtik. Leipzig, 1892. Buchenberger, A. GrundzUge der deutschen Agrarpolitik. Ber- lin, 1897. Carney, W. A. How to Buy and Sell Real Estate at a Profit. Los Angeles, 1905. Cederstrom, S. Unjust Taxation. Brooklyn, 1913. City Planning. Hearing before the Committee on the District of Columbia. Sen. Doc. no. 422. 1910. Clamageron, J. J. Histoire de rimp6t en France. Paris, S vols., 1867-76. Cohn, G. System der Finanzwissenschaft. Stuttgart, 1889. Congrds International de la Propriety Fonciere, 1900. Paris, 1901. 462 BIBLIOGRAPHY Cooley, T. M. A Treatise on the Law of Taxation including the Law of Local Assessments. 2 vols., 3d ed. Chicago, 1903. Craigen, G. J. Practical Methods for Appraising Lands, Build- ings and Improvements. New York, 1911. Dawson, W. H. The Unearned Increment; or Reaping without Sowing. London, 1890. De Forest, R. W., and Veiller, L., editors. The Tenement House Problem. 2 vols. New York, 1903. Eberstadt, R. Handbuch des Wohnungswesens und der Woh- nungsfrage. Jena, 1909. Eberstadt, R. Das Wohnungswesen. Jena, 1904. Eheberg, K. T. Finanzwissenschaft. 11th ed. Leipzig, 1911. Eheberg, K. T. Steuerreformen. Handbuch der Politik, v. 2, 1912, pp. 104/. Ely, R. T. Taxation in American States and Cities. New York, 1888. Ensley, E. The Tax Question. New York, 1901 (abridged). Esslen, J. Das Gesetz des abnehmenden Bodenertrages seit Jus- tus von Liebig. MUnchen, 1905. Pels, Joseph, Fund Bulletin. (Monthly Information for Con- tributors to the Fels Fund and Single Taxers Generally.) Cin- cinnati, 1915. Fetter, F. A. The Passing of the Old Rent Concept. In Quart. Jour, of Ec., v. 15, 1901, pp. 416 #. Fillebrown, C. B. A, B, C of Taxation. New York, 1909. Fillebrown, C. B. Henry George and the Economists. Boston, 1914. Pamphlet. Fillebrown, C. B. A 1912 Single Tax Catechism. 7 ed. Boston, 1912. Pamphlet. FlUrscheim, M. Der einzige Rettungsweg. Dresden und Leipzig, 1890. Fowler, W. The Present Aspect of the Land Question. In Cob- den Club Essays, 1871. Ser. 2, pp. 117/. London, 1872. Fuchs, C. J. Zur Wohnungsfrage. Leipzig, 1904. George, H. The Complete Works of Henry George. 10 vols. ^^J-^arden City, N.Y., 1906-11. Godwin, W. Enquiry concerning Political Justice and its Influ- ence on Morals and Happiness. 3d ed. London, 1798. Gossen, H. H. Entwicklung der Gesetze des menschlichen Ver- BIBLIOGRAPHY 468 kehrs und der daraus fliessenden Regeln fUr menschliches Handeln. 1st ed. Braunschweig, 1854. Grice, J. W. National and Local Finance. London, 1910. Haig, R. M. Some Probable Effects of the Exemption of Im- provements from Taxation in the City of New York. New York, 1915. Harrison, S. M. Getting Down to Tax in Pittsburgh. In The Survey, July 1, 1911, pp. 476/. Hertzka, T. Die Gesetze der sozialen Entwicklung. Leipzig, 1886. Hertzka, T. Das soziale Problem. Berlin, 1912. Hollander, J. H. The Concept of Marginal Rent, In Quart. Jour, of Ec., V. 9, pp. 175 Jf. Housing of the Working People, The. Eighth Special Report of the U.S. Commissioner of Labor. Washington, 1895. Hurd, R. M. Principles of City Land Values. New York, 1903. Hurd, R. M. The Distribution of Urban Land Values. In Yale Review, v. 11, 1902, pp. 124 Jf. Jaeger, E. Grundriss der Wohnungsfrage u. Wohnungspolitik. Berlin, 1911. Jaeger, J. Die Wohnungsfrage. Kempten und Mlinchen, 1909. Johnson, A. S. The Case against the Single Tax. In Atlantic Monthly, January, 1914, pp. 27/. Johnson, A. S. Rent in Modern Economic Theory. In Publ. of Am. Ec. Assoc., November, 1902. Kirkman, G. W. Real Estate. In Business, Commerce and Fi- nance. Chicago, 1910. Kleinwachter, F. Das Wesen der stadtischen Grundrente. Leip- zig, 1912. Land, The. The Report of the Land Enquiry Committee. 2 vols. London, 1914. Land Value Maps. Department of Taxes and Assessments of the City of New York. New York, 1909. Laveleye, E. De la Propriete et de ses Formes Primitives. 4th ed. Paris, 1891. Lotz, W. Fiskus als Wohltater. Betrachtungen Uber Neben- zwecke bei der Besteuerung. Vortrag. In Volkswirtschaftliche Zeitfragen. Heft 219. Berlin, 1906. Lutz, H. L. The Somers System of Realty Valuation. In Quart. Jour, of Ec, V. 25, 1910, pp. 172/. 464 BIBLIOGRAPHY Mangoldt, R. Die Stadtische Bodenfrage. Gottingen, 1907. Marsh, B. C. An Introduction to City Planning. Democracy's Challenge to the American City. New York, 1909. Marsh, B. C. Taxation of Land Values in American Cities. New York, 1911. Means, D. M. The Methods of Taxation Compared with the Established Principles of Justice. New York, 1909. Mill, J. S. Principles of Political Economy with some of their Applications to Social Philosophy. Book ii. London, 1891. Mill, J. S. Land Tenure Reform Association. Report of the Inaugural Public Meeting, Mr. John Stuart Mill in the Chair. London, 1871. Mulhall, M. G. Industries and Wealth of Nations. London, 1896. New York Tax Reform Association. Pamphlets. 1902, 1913-15. Nicholson, J. S. The Relation of Rents, Wages and Profits in Agriculture, and their Bearing on Rural Depopulation. Lon- don, 1906. Ogilvie, W. An Essay on the Right of Property in Land, with respect to its Foundation in the Law of Nature and the Rights of the People! London, 1780. Olshausen and Reincke. Ueber Wohnungspflege in England und Schottland, 1897. Oppenheimer, F. Freiland in Deutschland. Berlin, 1895. Oppenheimer, F. Grossgrundeigentum und Soziale Frage. Ber- Im, 1898. Peters, A. H. The Depreciation of Farming Land. In Quart. Jour, of Ec, V. 4, 1889-90, pp. 18/. Pohle, L. Die Wohnungsfrage. In Handbuch der Politik, v. 2, pp. 517 ff. Pohle, L. Die Wohnungsfrage. 2 vols. Leipzig, 1910. Post, L. F. The Taxation of Land Values. In Canadian Law Times. March, 1913. Post, L. F. Taxation of Land Values. 5th ed. Indianapolis, 1915. Practical Real Estate Methods for Broker, Operator and Owner. By Thirty Experts. New York, 1909. Public, The. Chicago, 1897-1915. Purdy, L. The Burdens of Local Taxation and Who Bears Them. Chicago, 1901. Purdy, L. Local Option in Taxation. New York, 1901. BIBLIOGRAPHY 405 Purdy, L. Prt^ess Toward Local Option in Taxation. Re- printed from Public Policy, September 14, 1901. Putney, M. Real Estate Values and Historical Notes of Chi- cago. Chicago, 1900. Real Estate Magazine, The. New York, 1912-. Real Estate News. Chicago, 1906-12. Real Estate Record and Builders' Guide. New York, v. 90, 191 1-. Reed, H. Science of Real Estate and Mortgage Investment. Kansas City, 1899. Reiners, H. Zur Frage der Besteuerung am stadtischen Boden in Oesterreich. Wurzberg, 1906. Reitzenstein, F. Das kommunale Finanzwesen. In Schonberg's Handbuch der poUtischen Oekonomie, v. 3, 4th ed. Tubingen, 1898. Report on Assessment and Taxation of Real Estate in the Dis- trict of Columbia. 62 Congress. House Report no. 1215. 1912. Report of the Commissioners of Corporations on the Lumber Industry, Summary of. Department of Commerce and Labor. Washington, 1911. Reports of the Commissioners of Taxes and Assessments of the City of New York. New York, 1907-15. Reports of the Conservation Commissions of Various States and of Canada, 1909-12. Report of the National Conservation Commission. Sen. Doc. no. 676. 3 vols. Washington, 1909. Reports of the National Lumber Manufacturers' Association. Chicago, 1912-13. Report of the Commission on New Sources of City Revenue, City of New York. January 11, 1913. Report of the New York City Commission on Congestion of Population. New York, 1911. Report of the Municipal Finance and Taxation Committee of the Civic League of St. Louis on the Taxation Amendments to the State Constitution of Missouri, to be submitted Novem- ber, 1912. Reports of the California State Board of Equahzation. Sacra- mento, 1912-14. Reports of the Minnesota Tax Commission. St. Paul, 1908-12. Reports of the Wisconsin Tax Commission. Madison, 1910-. Rumbold, C. Housing Conditions in St. Louis. Report of the Housing Committee of the Civic League of St. Louis. 1908. 466 BIBLIOGRAPHY Samter, A. Gesellschaftliches und Privateigentum als Grundlage der Socialpolitik. Leipzig, 1877. Samter, A. Das Eigentum in seiner sozialen Bedeutung. Jena, 1879. Schumpeter, J. Das Rentenprinzip in der Verteilungslehre. In JahrbuchfUrGesetz., Verwalt. u. Volksw., v. 31, 1907, pp. 31 jf. Seligman, E. R. A. Essays in Taxation. New ed. New York, 1913. Seligman, E. R. A. The Shifting and Incidence of Taxation. 2d ed. New York, 1899. Seligman, E. R. A. Progressive Taxation in Theory and Prac- tice. 2d ed. In Am. Ec. Assoc. Quart., v. 9, 1908. Seligman, E. R. A. Halving the Tax Rate on Buildings. In The Survey, March, 7, 1914, pp. 697 Jf. Seligman, E. R. A. The Theory of Betterment. In Staatswis- senschaftliche Arbeiten. Festgaben fUr Karl Knies. Berlin, 1896, pp. 57-84. Sering, M. Die Innere Kolonisation in Oestlichen Deutschland. In Schriften des Vereins fiir Sozialpolitik, v. 56, 1893. Sering, M. Die Agrarfrage und der Socialismus. In Jahrbuch fUr Gesetzgebung, Verwaltung und Volkswirtschaft. N.F., v. 23, 1899, pp. 1493/. Shearman, T. G. Natural Taxation. 2d ed. New York, 1898. "* Single Tax Review, The. Ed. by J. D. Miller. New York, 1901- 16. Slater, G. English Peasantry and the Enclosure of Common Fields. London, 1907. Somers, W. A. The Valuation of Real Estate for the Purpose of Taxation. St. Paul, 1901. Pamphlet. Somers, W. A. The Valuation of Real Estate for Taxation. In National Municipal Review, v. 11, 1913, pp. 230/. Somers Unit System of Realty Valuation, The. Cleveland. Somers System of Valuation : Letter by the Manufacturers* Appraisal Company of Cleve- land to the Comptroller of St. Louis, Mo., describing the Somers System and the Application to Two Blocks in St. Louis. September 10, 1911. Analysis of the Chicago Assessors' Plan of Computing Site Values and Comparison thereof with the Methods of the Somers Unit System of Realty Valuation. Report of the Man- ufacturers' Appraisal Company, Cleveland, February, 1911. Vancil, B. The Somers Unit System of Realty Valuation. Pamphlet. BIBLIOGRAPHY 47 Spahr, C. B. The Single Tax. In Pol. So. Quart., v. 6, 1891, pp. 625/. Spence, T. The Meridian Sun of Liberty; or the Whole Rights of Man Displayed and most accurately Defined, in a Lec- ture read at the Philosophical Society in Newcastle, November 8, 1775, etc. London, 1796. State and Local Taxation. Addresses and Proceedings of Con- ferences held under the auspices of the National Tax Asao- ciation. New York, 1907-15. Stdpel, F.- Der Grundbesitz. In his Sosdale Reform, v. 4, 5. Leipzig, 1885. St5pel, F. Theorie und Praxis der Besteuerung. In his Soziale Reform, viii. Leipzig, 1885. Symposium on the Land Question, A. By A. Herbert, . . . M. FlUrscheim, Herbert Spencer, etc. Ed. by J. H. Levy. Lon- don, 1890. Systems of Land Tenure in Various Countries. Series of Essays Pub. under the Sanction of the Cobden Club. Ed. by J. W. Probyn. London, 1881. Taxation. Eighth Biennial Report of the Illinois Bureau of Labor Statistics, 1894. Springfield, 1895. Thompson, W. The Housing Handbook. London, 1908. United States Census Rep>orts : Bulletin 105. Abstract of Aimual Report of Statistics of Cities. 1907. Bulletin 20. Statistics of Cities Having a Population of over 25,000. 1902-03. Wealth, Debt, and Taxation. Special Reports of the Census Office. 1907. Taxation and Revenue Systems of State and Local Gov- ernments. A Digest of Constitutional and Statutory Provi- sions Relating to Taxation in the Different States in 1912. 1914. Thirteenth Census of the U.S. 1910. Agriculture, v. 5, 6, and 7. Vandervelde, E. Das Grundeigentum in Belgien in dem Zeitraume vom 1834 bis 1899. In Archiv fUr Sozialgesetzgebimg u. Statis- tik, V. 15, pp. 419/. Veiller, L. Housing Reform. New York, 1910. ' 468 BIBLIOGRAPHY Wagner, A. Finanzwissenschaft. 3 vols. Leipzig, 1880-89. Wagner, A. Grundlegung der politischen Oekonomie. 3d ed., V. 2. Leipzig, 1894. Walker, F. A. Land and its Rent. Boston, 1883. Wallace, A. R. Land Nationalisation. London, 1882. Walrus, L. fitudes d'ficonomie Politique. Paris, 1898. Walrus, L. Elements d'ficonomie Politique. Lausanne, 1889. Webb, C. A. Valuation of Real Property. London, 1909. West, M. The Distribution of Property Taxes Between City and Country. Pol. Sci. Quart., v. 14, 1899, pp. 305/. Weston, S. F. Principles of Justice in Taxation. In Columbia Studies in Hist. Econ. and Public Law, v. 17, no. 2, 1903. WohnungsfUrsorge in deutschen Stadten. Beitrfige zur Arbeiter- statistik. N. 11. Berlin, 1910. Wolf, J. Sozialismus and kapitalistische Gesellschaftsordnung. Stuttgart, 1892. Zahn, Friedrieh. Die Finanzen der Grossm^hte. Berlin, 1908. n. WoBKs With Special Refkbence to the German System OF Taxation Adickes, F. Kommunalabgabengesetz vom 14 Juli 1893 und Gesetz wegen Aufhebung direckter Staatsteuern vom 14 Juli 1893. Berlin, 1893. Adickes, F. Ueber die weitere Entwicklung des Gemeinde-Steuer- wesens auf Grund des Preussischen Kommunalabgabengesetzes vom 14 Juli 1893. In Zeitschrift fUr die gesamte Staatswis- ^senschaft, v. 50. Tubingen, 1894, pp. 410 Jf., 583/. Adickes, F. Die sozialen Aufgaben der deutschen Stadte. (Zwei VortrSge) Leipzig, 1903. Aehnelt. Das Zuwachssteuergesetz in seiner Bedeutung fUr be- baute GnindstUcke u. baureife Stellen. Berlin, 1912. Aereboe, F. Die Taxation von Landglitem und GrundstUcken. Berlin, 1912. Altmann, S. P. Der Kampf um die Besitzsteuer. In Archiv fUr Sozialwissenschaft und Sozialpolitik, v. 29. Tubingen, 1909, pp.84/. Amtliche Mitteilungen Uber die Zuwachssteuer. Hrsg. im Reichs- schatzamt. Berlin, 1911-12. Ballod, C. Zur Frage der Gewinnen der Terraingesellschaften. In Jahrbuch fUr Gesetzgebung, Verwaltung und Volkawirts- chaft. N.F., v. 32, 1908, pp. 51 /. BIBLIOGRAPHY 460 Bendixen, F. Die Reichsfinanzreform. Hamburg, 1909. Berthold, O. Ergebnisse der Wertzuwachssteuer und die Wir- kungen der Steuer auf den Grundstiicksumsatz. Berlin, 1914. Besteuerung des Grund und Bodens in Frankfurt a. M., Die. Frankfurt, 1905. Beusch, P. Die Reichsfinanzen und die Steuerreform. Glad- bach, 1909. Birnbaum, B. Die Gemeindlichen Steuersysteme in Deutsch- land. Berlin, 1914. Boldt. Die Wertzuwachssteuer, ihre bisherige Gestaltung in der Praxis als Gemeindesteuer und ihre Bedeutung als Reichssteuer unter Beteiligung der Gemeinden. Sd ed. Dortmund, 1909. Bredt, J. V. Der Wertzuwachs an Grundstlicke und seine Besteuerung in Preussen. 1907. Bredt, J. V. Nationalokonomie des Bodens. Berlin, 1908. Brooks, R. C. The German Imperial Tax on the Unearned In- crement. In Quart. Jour, of Ec, v. 25, 1911, pp. 682 J'. Brunhuber, R. Die Wertzuwachssteuer zur Praxis und Theorie. Jena, 1906. Brunhuber, R. The Taxation of the Unearned Increment in Germany. In Quart. Jour, of Ec, v. 22, 1908, pp. 83 Jf. Damaschke, A. Aufgaben der Gemeinde ("Vom Gemeinde- Sozialismus "). 5th ed. Jena, 1904. Damaschke, A. Die Bodenreform; grundsatzliches und geschicht- liches zur Erkenntnis u. Ueberwindung der sozialen Not. 6th ed. Jena, 1912. Damaschke, A. Geschichte der Nationalokonomie. 5th ed. Jena, 1911. Diefke, M. Die Wertzuwachssteuer. Im Auftrage des Ver- bandes der deutschen Terraininteressenten. Berlin, 1908. Eberstadt, R. Stadtische Bodenfragen. Berlin, 1894. Eberstadt, R. Die Spekulation, ihr BegrifiF und ihr Wesen. In Jahrbuch fUr Gesetzgebung, Verwaltung und Volkswirtschaft, V. 29, 1905, pp. 1489/. Eberstadt, R. Entwurf einer Bauplatzsteuer. In Preussische Jahrbucher, v. 74, 1893. Eberstadt, R. Die Spekulation im neuzeitlichen Stfidtebau. Jena, 1907. Eheberg, Das Reichsfinanzwesen. Bonn, 1908. Ehlert, R. Zur Wertzuwachssteuerfrage. In Jahrbtlcher fUr Nationalokonomie und Statistik. N.F., v. 32, 1906, pp. 333 jf. 470 BIBLIOGRAPHY Ephraim, H. Zur EinfUlirung der " Steuer nach dem gemeinen Wert" in Oldenburg. Zeitschrift fUr die gesamte Staatswis- senschaft, v. 66, 1910, pp. 144 Jf. Epstein, J. H. Zur Verteidigung der Zuwachssteuer. Soziale Zeitfragen. Heft S3, 34. Berlin, 1907. Fragen der Gemeindebesteuerung. In Verhandlungen des Ver- eins flir Socialpolitik in NUrnberg, 1911, v. 138. Leipzig, 1912. Freudenberg, F. C. Die Wertzuwachssteuer in Baden. Karls- ruhe, 1908. Fuisting, B. Das Gesamtsteuersystem in Reich, Staat und Gemeinde in Verbindung mit der Reiehsfinanzreform. In Finanzpolitische Zeit- und Streitfragen. Heft 2. Berlin, 1906. Fuisting, B. Die Preussischen Direkten Steuem. 4 vols. Berlin, 1899-1902. Gemeindefinanzen. In Schriften des Vereins fUr Sozialpolitik, V. 126. Leipzig, 1908. German Increment Tax Law of February 14, 1911, The. Trans- lated by R. F. Foerster. In Quart. Jour, of Ec, v. 25, pp. 751 jf. D'Hara, F. Die Uebertragimg der Grundrente an die Gesell- schaft. Berlin, 1904. Hartmann, F. Die Bewertung stadtischer GrundstUcke in Preus- sen. Eine Studie liber Taxmethoden. Berlin, 1907. Hauser, A. EinfUhrung in die Stadtische Bodenreform. Soziale Zeitfragen, xvii. Berlin, 1904. Jahrbuch der Bodenreform. Vierteljahrshefte. Hrsg. von A. Damaschke. Jena, 1905-14. Kausen, H. Die Reichswertzuwachssteuer, Besprechung der Kommissionsbeschliisse zweiter Lesung, Koln, 1910. Keller, K. Die Besteuerung der Gebaude und Baustellen. Ber- lin, 1907. Das Kommunalabgabengesetz von 14 Juli 1893. Kommunale Steuerfragen. In Schriften der Gesellschaft flir Soziale Reform. Heft 15. Jena, 1904. Kommunales Jahrbuch. Jena, 1909-14. KOppe, H. Die Aufgaben der Reiehsfinanzreform und die ihr drohenden Gefahren, vom Finanz- u. sozialpolitischen Stand- ^ punkte. In Annalen des Deutschen Reichs, 1909. BIBLIOGRAPHY 471 KOppe, H. Das Schicksal der Reichszuwachssteuer. In Aniui- len des Deutschen Reichs, 1910, pp. 670 Jf. Kumpmann, K. Die Wertzuwachssteuer. In Zeitschrift fUr die gesamte Staatswissenschaft. ErgSnzungsheft 24. Tubingen, 1907. Leuckart v. Weissdorf, H. Entwicklung und Ergebnisse der Wertzuwachsbesteuerung im Konigreich Saehsen. Borna- Leipzig, 1911. Linschmann, H. Die neuen Reichssteuern. In Burschenschaft- liche BUcherei, v. S, Heft 2. Berlin, 1909. Linschmann, H. Die Reichsfinanzreform von 1909. Berlin, 1909. LUtzeler, I. Die Schatzung von GrundstUcken fUr die Beleihung. In Jahrbuch fUr Gesetzgebung, Verwaltung und Volkswirt- schaft, V. 26. Leipzig, 1902. Meyer, A. Das Princip der Communalsteuern. In Preussische Jahrblicher, v. 18. Berlin, 1866, pp. 166 jf. Meyerstein, E. Zur Frage der Wertzuwachssteuer unter beson- derer Berlicksichtigung der Vorlage des Berliner Magistrats vom 11 Januar, 1906. In Deutsche Wirtschaftszeitung, 1906, nos. 7 and 8. Miller, C. Reichsgesetz liber die Zuwachssteuer. Tubingen, 1911. Neumann, F. J. Zur Gemeindesteuerreform in Deutschland mit besonderer Beziehung auf SUchsische Verhaltnisse. Tubingen, 1895. Neumann, F. J. VermSgenssteuern u. Wertzuwachssteuern als Erganzung der Einkommensteuer, insbesonder in WUrttem- bcrg. Tubingen, 1910. Nieden, W. Zur Gebaudesteuer und Wohnungsfrage in Preussen. In Jahrbuch fUr Gesetzgebung, Verwaltung u. Volkswirtschaft, V. 24, 1900, pp. Ijf. Pabst, F. Zur Beseitigung der kommunalen Grund- u. Gebaude- steuer. (Betrachtungen eines Hausbesitzers.) In Zeitschrift fUr die gesamte Staatswissenschaft, v. 56, pp. 113 jf. Tu- bingen, 1900. Peisker, E. Reichswertzuwachssteuer. Das geltende Recht und die Ziele seiner Reform. BerUn, 1912. Reichszuwachssteuergesetz, Das, v. 14, February, 1911. 472 BIBLICXJRAPHY Rothkegel, W. Die Kaufpreise fUr landliche Besitzungen im Konigreich Preussen von 1895 bis 1906. Staats- u. sozial- wissenschaftliche Forschungen. Heft 146. Leipzig, 1910. Sardemann, G. Die Steuer vom Grundbesitz. Ein Beitrag zur Losung der Wohnungsfrage. Marburg, 1904. Seibt, G. Kleinhaus und Mietkaserne. In Jahrbuch fUr Gesetz- gebung, Verwaltung und Volkswirtschaft, v. 29, 1905, pp. 1106 ff. Steiger, J. Die Wertzuwachssteuer in Deutschland und in der Schweiz. ZUrich, 1910. Stumpff, F. Die Gemeindesteuer-Reform in WUrttemberg, in Zeitsehrift fiir die gesamte Staatswissenschaft, v. 60, 1904, pp. 749 Jf. SUdekum, A. Die Wertzuwachssteuer, Reichsgesetz vom 14 Feb., 1911. Berlin, 1911. Voigt, P. Grundrente und Wohnungsfrage in Berlin und seinen Vororten. Jena, 1901. Voigt, A., u. Geldner, P. Kleinhaus und Mietkaserne. Berlin, 1905. Wagner, A. Die Abschaffung des privaten Grundeigentums. Leipzig, 1870. Wagner, A. Rede liber die soziale Frage. Berlin, 1872. Wallach, M. Umsatzsteuer oder Wertzuwachssteuer? Berlin, 1908. Warschauer, O. Zur Reform der direkten Steuern in Preussen. Leipzig, 1889. Weber, A. Ueber Bodenrente u. Bodenspekulation in der mod- emen Stadt. Leipzig, 1904. Wehberg, H. Die Bodenreform im Lichte des humanistischen Sozialismus. MUnchen u. Leipzig, 1913. Weissenborn, H. Die Besteuerung nach dem Wertzuwachs ins- besondere die direkte Wertzuwachssteuer. Berlin, 1910. Weitpert, K. Die Steuern vom Immobiliarbesitzwechsel in den deutschen Staaten. Erlangen, 1908. Weyermann, M. Die Reichszuwachssteuer von sozialpolitischen Gesichtspunkten. In Jahrbuch fiir Gesetzgebung, Verwaltung und Volkswirtschaft, v. 36, 1912, pp. 283/. Weyermann, M. Die Ueberwalzungsfrage bei der Wertzuwachs- . steuer. In Annalen des Deutschen Reichs, v. 43, 1910, pp. 881 Jf. Wohnungsnoth der Urmeren Klassen in deutschen Grosstfidten, BIBLIOGRAPHY 478 Die. In Schriften des Vereins flir SozialpoHtik, vv. 30 and 31, Leipzig, 1886. Wolf, J. Die Reichsfinanzreform und ihr Zusammenhang. Leip- zig, 1909. Wygodzinski, W. Die Besteuerung des landwirtschaftlichen Grundbesitzes in Preussen. Jena, 1906. Zuwachssteuergesetz vom 14 Feb., 1911, Das. ErlUutert von C. Becher, u. H. Henneberg. Berlin, 1912. in. Works with Special Reference to English Conditions Baumann, A. A. Betterment, Worsement and Recoupment. Lon- don, 1894. Baxter, R. D. Local Government and Taxation, and Mr. Go- schen's Report. London, 1874. Beken, G. The Taxation of Site Values and Cognate Subjects, London, 1905. Blanch, W. H. Shall I Appeal against my Assessment ? Lon- don, 1890. Blunden, G. H. Local Taxation and Finance. London, 1895. Boas, W. P. A Guide to the Duties Imposed upon Land and Mineral Rights. London, 1910. Briggs, T. Poverty and Taxation, and the Remedy: Free Trade, Free Labor; or Direct Taxation the True Principle of Political Economy. London, 188-(?). British Parliamentary Debates. British Parliamentary Papers: First Report of Her Majesty's Commission for Inquiring into the Housing of the Working Classes, 1885 (C. 4402). Report from the Select Committee on Town Holdings, 1890 (341). Same, 1892 (214). Report on Local Taxation in Scotland, 1894 (C. 7575). First Report of Her Majesty's Commissioners appointed to inquire into the Subject of Agricultural Depression, 1894 (C. 7400). Final Report of the Commissioners appointed to inquire into the subject of Agricultural Depression, 1897 (C. 8540, C. 8541). Memoranda chiefly relating to the Classification and In- cidence of Imperial and Local Taxes, 1899 (Cd. 9528). Minutes of Evidence taken before the Royal Commission on Local Taxation, 1899 (Cd. 9150, Cd. 9319). 474 BIBLIOGRAPHY Final Report of the Royal Commission on Local Taxation in England and Wales, 1901 (Cd. 638). Report and Special Report from the Select Committee on the Land Values Taxation, etc. (Scotland) Bill, 1906 (379). Memoranda and Extracts relating to Land Taxation, pre- ' pared for the Chancellor of the Exchequer, 1909 (Cd. 4845). Finance Act 1909-1910. Bill 144 of 1910. Instructions issued by the Inland Revenue Department to Valuers, 1911 (283). Report of Commissioners of Inland Revenue, 1911 (Cd. 5833). Dispatches from Consular OflScers Respecting the Taxation of Land Values in New York, Boston, San Francisco, and Cleveland, 1909 (Cd. 4578). British Taxpayer and his Wrongs, The. (Including an Analysis of a Typical Year's Imperial and Local Taxation, with Re- marks on the Budget Proposals of 26 March, 1888, and an Appendix). By "Finance." London, 1888. Brodrick, G. C. English Land and English Landlords. London, 1881. Budget, the Land, and the People, The. Issued by Budget League. London, 1909. Castle, H. J. Practical Remarks on the Principles of Rating, as Applied to the Proper and Uniform Assessment of Railways, Gasworks, Waterworks, Mines, Cemeteries, etc. 2d ed. Lon- don, 1869. Chapman, S. J. Local Government and State Aid. London, 1899. Chomley, C. H., and Outhwaite, R. Land Values Taxation in Theory and Practice. London, 1909. Chorlton, J. D. The Rating of Land Values. Manchester, 1907. Cox-Sinclair, E. S., and T. Hynes. Land Values. . . . London, 1910.' Cox-Sinclair, E. S., and Hynes, T. Some Problems in Land Values. In Law Magazine and Review, v. 38, 1912-13. Davenport, H. Single Tax in the English Budget. In Quart. Jour, of Ec, 1910, pp. 279/. Davenport, H. J. The Extent and the Significance of the Un- earned Increment. Bull, of Am. Ec. Assoc., Ser. 4, v. 1, 1911, pp. 322/. Davitt, M. The Land League Proposal : A Statement for Honest and Thoughtful Men. Glasgow, 1882. Pamphlet. BIBLIOGRAPHY 475 Dowell, S. History of Taxation and Taxes in England. 4 vols., 2d ed. London, 1888. Edgeworth, F. Recent Schemes for Rating Urban Land Values. In Ec. Jour., v. 16, 1906, pp. 66 Jf. Eve, C. G. Systems of Land Valuation in the United Kingdom. 2 Pts. In Monthly Bulletins of Economic and Social Intelligence of the International Institute of Agriculture, December, 1913, January, 1914. Rome, 1913-14. Fox, A. W. Rating of Land Values. London, 1908. Giffen, R. Economic Inquiries and Studies. 2 vols. London, 1904, V. 1, pp. 253Jf. Gomme, G. L. Local Taxation in London. In The Journal of the Royal Statistical Society, v. 61, pp. 442 jf. London, 1898. Goschen, G. J. Return on the Increase of Local Taxation. 1870. Goschen, G. J. Reports and Speeches on Local Taxation. Lon- don, 1872, Graham, J. C. Local and Imperial Taxation and Local Gov- ernment. 4th ed. London, 1906. Hallgarten, R. Die kommunale Besteuerung des unverdienten Wertzuwachses in England. In MUnchener volkswirtschaft- liche Studien. N. 32. Stuttgart, 1899. Konstam, E. M. Land Values. London, 1910. Konstam, E. M. Rates and Taxes: A Practical Guide. London, 1906. Land Duties and Negative Values. In Solicitors' Journal, v. 56, pp. 478/. Land and Real Tariff Reform. Pub. by Joseph Edwards. Lon- don, 1909. Land Union Pamphlets, The: Report of the Speeches Advocating Repeal of the New Land Taxes. Delivered at Inaugural Meeting. May 5, 1910. The New Land Taxes. Pamphlet No. 1. Land Union Guide to Property Owners Called upon to Fill up the Government Valuation Forms. Land values. (Monthly.) London and Glasgow, 1894-. Lange, M. E. Local Taxation in London. London, 1906. 476 BIBLIOGRAPHY Lightbody, F. H. The Valuation of Undeveloped Land. Edin- burgh and London, 1910. Lloyd George. The Lords and the Budget. In Independent, v. 67, 1909, pp. 1340/. Local Rating. Memorandum on the Proposal of the Departmental Committee on Local Taxation that the Assessments for Local Rates should be made by the Valuation Staff of the Inland Revenue Department. Compiled by a Body of Surveyors. London, 1914. London County Council. Valuation for Rating Purposes. Report of the Local Government and Taxation Committee, 1902. Lovat-Fraser, J. A. Duties on Land Values. London, 1910. Marum, E. P. Mulhallen. Taxation and the Taxable Bases of the United Kingdom. (Imperial Taxation, including Colonial Taxation. Local Taxation, including Bottomry Taxation.) Dublin, 1890. Moffet,T. Land Taxes and Mineral-Rights Duties. London, 1910. Murray, D. The Valuation Roll in Scotland and the Proposal to Enter Land Values upon It. London, 1907. Pamphlet. Napier, T. B. The Valuation Scheme of the Land Clauses of the Finance Act, 1910. In Law Quart. Rev., v. 27, 1911. Napier, T. B. The Land Clauses of the Finance (1909-10) Act, 1910. (Some Ambiguities, and Two Recent Decisions.) In Law Quart. Rev., v. 28, 1912. Napier, T. B. The New Land Taxes. London, 1910. Nicholson, J. S. Tenant's Gain, not Landlord's Loss. Edinburgh 1883. Nicholson, J. S. Rates and Taxes as Affecting Agriculture. Lon- don, 1905. Noble, J. Local Taxation: A Criticism of Fallacies and a Sum^ mary of Facts. London, 1876. O'Meara, J. J. Municipal Taxation at Home and Abroad. Lon- don, 1894. Orr, J. Taxation of Land Values as it Affects Landowners and Others. London, 1912. Palgrave, R. H. I. The Local Taxation of Great Britain and Ire- land. London, 1871. Pamphlets published by United Committee for the Taxation of Land Values: BIBLIOGRAPHY 477 ' "ForralV": What Next? by Frederick Verinder. 1911. The United Committee for the Taxation of Land Values. Annual Reports. London, 1907-. Rural Land Reform. 1911. A Plea for the Taxation of Ground Rents. Prepared for the "United Committee" by Sidney Webb. With Preface by the Right Hon. Lord Hobhouse. 1887. Land Values and the Budget Manifesto by the United Com- mittee for the Taxation of Land Values. 1909. Perin, R. Die Englischen Bodenwertsteuern. In Finanz-archiv., V. 30, 1913, pp. 96/. Porrit, E. The Struggle over the Lloyd-George Budget. In Quart. Jour, of Ec, V. 24, 1910, pp. 243 Jf. Raine, G. E. Lloyd George and the Land. London, 1914. Rathbone, W., Pell, A., and Montague, F. C. Local Government and Taxation. London, 1885. Rating of Ground Rents and Ground Values, The. A Study in Local Taxation. London, 1888 (?). Pamphlet. Rhodes, C. T. Taxation of Land Values, The Case Against. London, 1901. Row-Fogo, J. An Essay on the Reform of Local Taxation in England. London, 1902. Sargent, W. L. Taxation, Past, Present, and Future. London, 1874. Sargent, C. H. Urban Rating (being an Inquiry into the Inci- dence of Local Taxation in Towns). London, 1890. Schooling, J. H. Local Rates and Taxes. London, 1905. Smart, W. Taxation of Land Values and the Single Tax. Glas- gow, 1900. Storey, H. The Economics of Land Value. London, 1913. (Tennant, C.) The People's Blue Book: Taxation as It Is, and as It Ought to Be; with a practical Scheme of Taxation. London, 1862. Urquhart, W. P. Dialogues on Taxation, Local and Imperial. Aberdeen, 1867. Wedgwood, J. C. Land Values. Letchworth, 1907. Pamphlet. Williams, W. M. J. The King's Revenue. Being a Handbook to the Taxes and the Public Revenue. London, 1908. 478 BIBLIOGRAPHY Wright, R. S., and Hobhouse, H. An Outline of Local Govern- ment and Local Taxation in England and Wales. London, 1884. Wylie, J. The Duties on Land Values and Mineral Rights. Lon- don, 1910. Zimmerman, L. W. Taxation of Land Values. (Introduction by C. P. Trevelyan, M.P.) Manchester, 1913 (?). rV. References on the Australasian Tax System A, B, C of Queensland. Statistics, 1913. Brisbane: A. J. Cum- mings, 1913. Anderson, H. C. L. Statistics. Six States of Australia and New Zealand, 1861 to 1905. Compiled from Official Sources. Sydney, 1907. Australian Economist, The. (Monthly.) Journal of the Australian Economic Association, 1888-90. Australasia. London, 1900. Australasian, The. Melbourne, 1869-1909. Australasian Tax System, The. By the Revenue Commission of Colorado. Senate Doc., v. 15, 1901. Boothby, J. Statistical Sketch of South Australia. London, 1876. British Parliamentary Papers: Papers Bearing on Land Taxes and on Income Tax, etc., in Foreign Countries (Germany, France, Australia), etc., 1909 (Cd. 4750). Similar Papers with Regard to Queensland, 1908 (Cd. 3890). '' Papers relative to the working of Taxation of the Unim- \ proved Value of Land in New South Wales, 1908 (Cd. 3761). Papers relating to the working of the Unimproved Value of Land in New Zealand, New South Wales, and South Australia, 1906 (Cd. 3191). Census of Commonwealth of Australia. April, 1911. Census Bulletin no. 17. Chomley, C. H. Protection in Canada and Australasia. London, 1904. Clark, V. S. Labor Movement in Australasia. London, 1907. Coghlan, T. A. A Statistical Account of Australia and New Zea- land. 1903-04. Sydney, 1904. Coghlan, T. A. A Statistical Account of the Seven Colonies of Australasia. Sydney, 1890-1900. BIBLIOGRAPHY 479 Commonwealth of Australia: Monthly Summary of Australian Statistics. Melbourne, 1912-14. Pari. Debates. 1910. Statutes No. 21 of 1910 (Land Tax Act, 1910).- No. 22 of 1910 (Land Tax Assessment Act, 1910). Epps, W. Land Systems of Australasia. London, 1894. Facts about New Zealand. Issued by New Zealand Government Department of Tourist and Health Resorts. Wellington, 1907. Fenton. Queensland Official Year Book. (1901) Annual Report and Guide Book issued by Lands Dep>artment. Hall, W. H. Statistics. Six States of Australia and New Zealand, 1861 to 1904. Compiled from Official Sources. Sydney, 1905. , Jenks, E. A History of the Australasian Colonies. Cambridge, 1896. Land and Income Assessment Acts, The. 1891-92. Wellington, 1902. Land System of New Zealand. In Law Magazine and Review, 1909-10, pp. 279/. Lloyd, H. D. Newest England. New York, 1900. Lusk, H. H. Social Welfare in New Zealand. New York, 1913. Monthly Statistical Abstract for Western Australia, 1907. Com- piled in Gov't Statistician's Office. Perth, 1907. New Zealand : Journal of the Department of Labor for 1911. Wellington, 1912. Official Year Book. 1890-1913. Pari. Debates. 1891-96. Official Statistics. Commonwealth of Australia. Bureau of Cen- sus and Statistics. Finance Bulletins. Melbourne, 1901-13. Official Year Book of the Commonwealth of Australia, 1901-11. Official Year Book of South Australia, 1913, by D. J. Gordon. Adelaide, 1913. The Official Year Book of N.S. Wales, 1911. Sydney, John B. Trivett, 1912. 480 BIBLIOGRAPHY Public Accounts of Western Australia for 1910. Prepared by Hon. the Colonial Treasurer. Reeves, W. P. State Experiments in Australia and New Zealand, V. 1. London, 1902. Report of the Results of a Census of the Colony of New Zealand, 1901. By E. J. Von Dadelszen, Registrar Gen'l. Wellington, 1902. Report on Results of Census of New Zealand, 1911. Le Rossignol, J. E. and Stewart, W. D. State Socialism in New Zealand. New York, 1910. Le Rossignol, J. E., and Stewart, W. D. Taxation in New Zea- land. In University Studies of the Univ. of Nebraska, v. 9, pp. 249 jf. Lincoln, 1909. Settlers' Handbook of New Zealand, The. Compiled by Direction of Hon. Minister of Lands. Wellington, 1902. South Australia. Statistical Register, 1909. Statistics of the State of Tasmania for 1913-14. Compiled from OflBcial Records. Tasmania, 1914. Statistics of the Colony of Queensland, 1897. Finance, Part, iv, Brisbane: Gregory, Government Printer, 1898. Statistical View of Fifty Years' Progress in New Zealand, 1854- 1903. Wellington, 1904. Statistics of the Dominion of New Zealand, 1910. Wellington, 1911. St. Ledger, A. Australian Socialism. An Historical Sketch of its Origin and Developments. London, 1909. Statutes of the Various Australasian Colonies. Turner, H. G. The First Decade of the Australian Commonwealth. A Chronicle of Contemporary Politics, 1901-10. Melbourne, 1911. Victorian Year Book. Melbourne, 1895-1914. Vigouroux, L. L'Evolution Sociale en Australasie. Paris, 1902. Western Australian Year Book for 1902-04. By M. Fraser, Gov- ernment Statistician. Perth, 1906. Walch's Tasmanian Almanac for 1907. London. Walker, H. Australasian Democracy. London, 1897. Wise, B. R. The Commonwealth of Australia. Boston, 1909. BIBLIOGRAPHY 481 V. References on Western Canada Agriculture in British Columbia. Official Bulletin 10. Pub. by Authority of Legislative Assembly. Bureau of Provincial In- formation. Victoria, 1912. Annual Report of Department of Public Work of the Province of Alberta, 1911. Edmonton, 1912. Annual Report. City of Calgary, Alberta, 1912. British Columbia: Royal Commission on Taxation. Synopsis of Report and Full Report, 1911. Victoria, 1912. Year Book, 1911, 1912. British Columbia Federationist. Vancouver, 1912-. British Parliamentary Papers. Papers relative to the Working of Taxation of the Unimproved Value of Land in Canada, 1908 (Cd. 3740). Bullock, C. J. Single Tax in Vancouver. In the N.Y. Evening Post, Saturday, June 27, 1914. Canada and its Provinces. A History of the Canadian People and their Institutions by One Hundred Associates, vv. 19-22. Canadian Municipal Journal. Official Organ of the Union of Canadian Municipalities. Montreal, 1909-15. City of Edmonton, Alberta. Ninth Annual Report to December, 1913, Financial and Departmental. Commercial Handbook of Canada. Ninth Year, 1913. Consolidated Statutes for Upper Canada. Toronto, 1859. Dixon, F. J. The Progress of Land Value Taxation in Canada. Winnipeg (pamphlet), 1913 (?). Enock, C. R. The Great Pacific Coast, New York, 1913. Financial and Departmental Reports. Corporation of the City of Vancouver, British Columbia, 1912-. Five Thousand Facts About Canada. Toronto, 1910-14. Haig, R. M. The Exemption of Improvements from Taxation in Canada and the United States. (A Report prepared for the Committee on Taxation of the City of New York.) New York, 1915. 482 BIBLIOGRAPHY Handbook of British Columbia. Bureau of Provincial Informa- tion. Bulletin no. 23, 1913. Harpell, J. J. Canadian National Economy. Toronto, 1911. Hillam, W. A. The Magic of Single Tax. (Reprint from British Columbia Magazine, April, 1911.) Immigration Situation in Canada, The. Report of the U.S. Im- migration Commission, Senate Doc. no. 469. Washington, 1910. Land Values in Canada. Review of Business Conditions during 1912. Issued by the Canadian Bank of Commerce. Lawson, W. R. Canada and the Empire. Edinburgh and Lon- don, 1911. Lighthall, W. D. Canada, a Modern Nation. Montreal, 1904. Municipal Government in Canada, ed. by S. M. Wickett. In University of Toronto Studies, History and Economics, v. 2. Toronto, 1907. Municipal World, The. Ontario, 1909-. Nock, A. J. Why Nature's Way is Best. In American Magazine, July, 1911, pp. 335-38; ibid., pp. 76/., 221/. Official Handbook of Alberta, An. Compiled under direction of Hon. W. T. Finlay, Minister of Agriculture. Edmonton, 1907. Official Handbook of Information relating to the Dominion of Canada, An, 1897. Ottawa, 1897. Ordinances of North West Territories. Regina, 1894-. Public Accounts of the Province of Saskatchewan, 1912. Regina, 1912. Public Service Monthly, The. Regina, 1913. Reports of Assessment Department, City of Montreal, for 1912 and 1913. Montreal, 1914. Report on Strikes and Lockouts in Canada, 1901-12. Ottawa, 1913. Report of the Ontario Assessment Commission, 1901. Toronto, 1901. Report on Taxation of Improvements by Assessment Commis- sioner of Toronto. 1912. Pamphlet. BIBLIOGRAPHY 483 Revised Statutes of British Columbia, 1897, c. 179. Revised Statutes of North West Territories, 1898. Revised Statutes of Ontario, The. 2 vols., v. 2. Toronto, 1877. Statistical Year Book of Canada. Ottawa, 1895-1910. Statutes of the Western Provinces. Vineberg, S. Provincial and Local Taxation in Canada. In Columbia Studies in Hist., Ec. and Public Law, v. 52, no. 1. New York, 1912. Wade, F. C. Experiments with the Single Tax in Western Can- ada. In Eighth Annual Conference on Taxation, September 11, 1914. Wade, F. C. The Single-Tax Failure in Vancouver. (Letter to Vancouver Sun, January 7, 1914.) Pamphlet. Wade, F. C. The Single Tax Humbug in Vancouver. (Letter to Vancouver Daily Province, January 2, 1912.) VI. References on Kiao-chau Denkschrif t betreffend die Entwicklimg des Kiautschou-Gebiets. Berlin, 1901-09. Gaul, J. Finanzrecht der deutschen Schutzgebiete unter beson- derer Berlicksichtigung der Steuergesetzgebung. Leipzig, 1909, pp. 162-72. Kobner, O. Einfilhrung in die Kolonialpolitik, pp. 191 j^. Jena, 1908. Landordnung von Kiautschou, Die. In Jahrbuch der Bodenre- form, V. 1, 1905, pp. 56/. Preyer, O. E. Aus der Praxis der Landordnimg von Kiautschou. 5 In Jahrbuch der Bodenreform, v. 4, 1908, pp. 126 Jf. Schrameier, W. Die Landpolitik im Kiautschou gebiet. In Jahr- buch der Bodenreform, v. 7, 1911, pp. 1/.; v. 8, 1912, pp. IJf. INDEX Absenteeism, 6, 23, 30, 31, 58-59, 257-58, 268, 276, 291; definition. 89-40, 48, 321-22; eflfect of tax on, 81. Administration, in Australia, 62-67, 95; in Germany, 160-63; in Can- ada, 274-77; in England, 234-38; of property tax in United States, 431, 440-42. Agricultural land, 195, 350; exempt from increment tax, 215-16; val- uation of, 243; expediency of tax on, 344-45, 346, 409, 445-46; values, 351-58; 368-69, 385. Alberta, 18, 254, 255, 257, 260-61, 262-63, 265, 270-71, 289, 301. Amortization, 13, 192; principle of, 315-17. Annual value, 4 n 30, 36, 52, 70, 129, 195, 252, 320-22, 396. Australasia, chaps, n, in; land ten- ure, 6, 20-23, 30, 96/.; absentee- , ism, 6, 23, 30, 31; finances, 26-28, 34; local government, 28, 29, 90 ff.\ building and housing condi- tions, 107-15. Australian state taxes, 41-42; char- acteristics, 23-24, 34, 36/., 27- 28, 59-60; prevalence, 34; rate of, 41-42; exemptions, 42-43, 103-05; assessment roll, 65-66; publicity, 66; assessment, 68-69. Benefit principle, 30, 49, 91, 122, 124, 141-43. 160, 251, 252, 269, 308, 326. Berlin, rental tax, 123; transfer tax, 126; congestion, 138, 390-91. British Columbia, 17, 254, 255, 257, 258-61, 262, 266, 270, 275, 301. Building, effect of tax on, 107-12, 248-49, 292-96, 298-99, 311-15, 397-98, 399, 400, 402-03, 420. Building regulations, ineScacy of, 393-94. Building-site tax, in Bremen, 125, 128, 130; recommended by Housing Committee, 197. Business tax, 251, 271, 273, 444. :| Calgary, 265, 273, 278, 282, 283, 286, 290, 293, 294, 297. Canada, Western, 3, 6, 17-18; local taxation, chap, vi; land tenure, 254-56; social conditions, 253, 292; municipal ownership, 269. Canons of taxation, 322 /. Capital value, tax on; definition, 70; 125, 128-29, 157, 223, 252. 317-18, 320-22. Capitalization. See Amortization. Classification of tax, 304-08. Classified property tax, in Germany, 130; 431-32, 442, 443. Cologne, 132-33 n., 164, 168, 170, 175, 181. Commonwealth of Australia, fed- eral tax, 17, 36, 55-59, 60; Labor Party, 55-56; absenteeism, 56- 57, 58; leaseholds, 57; mortgages, 58; rate of tax, 58-59, 84-86; val- uation, 76; revenue from tax, 83- 87; effect on holdings, 98-99. Congestion, 108-10, 112-14, 120, 138, 385, 386, 388-91; no prob- lem in Canada, 296; in Great Britain, 390-91; in Berlin, 390- 91; causes of, 391-93; remedies proposed, 410, 411-13, 414; rela- tion to tax, 395/., 398, 399-400, 420. Conservation of natural resources, 366-68, 370, 415-20; effect of tax on, 418-20. Cost of dollection, of federal tax, 86, 88; in New Zealand, 88, 95. Differential rating, 90-91, 116-17, 345-46, 445-46. Direct and indirect forma of tax. 7/., 210, 224. 486 INDEX Discriminatory tax, 2, 8-9, 25-26, 44, 66, 59-60, 86, 96, 103, 125, 196, 208-09, 223-24, 276, 279- 80, 290-91, 298, 303, 823, 329, 409, 445. Disintegration of large estates, 96- 98, 249-50, 297-98, 404, 408-09. Edmonton, 17-18, 265, 268, 270. 272, 273, 282-83, 285-86, 287, 290, 293, 294. England, 3, 17; land-value duties, chap, v; burden on landowners, 190-96; agricultural d^ression, 195; large holdings, 406-07; Housing Acts, 411-13. Evasion of tax, 99-100. Everett, Washington, 451-52, 468. Exemption of improvements, 40- 41, 253, 261, 262-66; causes of, 267-9, 271-73, 277-80, 445, 458; principle underlying, 310-15, 396, 397; expediency of, 446-48. Exemptions from tax, in Australia, 42, 43, 103-05; in Germany, 152- 65; 167-68; in England, 215-16, 219-21, 226-27. Finance Act (1909-10), 190/., 207- 08, 210. Fiscal adequacy of tax in Germany, 170-76, 423; in Kiao-chau, 188; in Great Britain, 244-47, 423; in Canada, 277/., 299; during de- pression, 284-89; 327-30. Fiscal adequacy versus social reform, 326-27, 421, 422. Forest land, 366-68; values, 367 jf.. increment tax on, 418; monopoly, 416, 418-19. Frankfurt a. M., 17, 141 ; rental tax, 123; increment tax, 132-34, 144, 164, 169, 170-71, 173, 180, 411. General property tax, 1 n., 12-14, 122-23, 427, 431 ff. Germany, increment tax in, S; chap, iv; land policy, 411. Glasgow. 199. 390. 412, 413. Graduated, progressive tax, 7, 8, 9, 155, 307, 325. Habitation tax, 445. Hamburg, system of rates, 168-69. Herbert's Trustees case, 241. Herrick-Schaap Bill, 843, 457. Hoffman-Neill Rule, 335-36. Home ownership in Canada, 290. Housing problem. See Congestion. Houston Plan, 447 n.. 453-55, 458. Improved land, 44. Improvements, definition, 70-72; value of, 72-73, 253, 278. Incidence of tax, 11, 116-17, 181, 182, 192. 193-94, 290-91; theory of, 309-10, 315. Income tax, 444. Increment duty in England, 209, 211-17, 303, 305; exemptions, 215-16; land value, 820. Increment tax, 7, 9-1 1 ; retroactive, 10, 157, 164-65, 329; character- istics, 121, 131-34, 303; origin, 130-34; imderlying principles, 134-43; in Germany, chap, rv; 212-17, 303, 305; local versus imperial, 159-60, 177, 178-79; in Kiao-chau, 187; in Alberta, 261. Industrial depression in Canada, 284/ Kiao-chau, 3, 17, 184-89. Komraunalabgabengesetz, 124-25, 130. Land Conference Report, 243. Land monopoly, effect of tax on, 96-103, 396, 419-20; definition, 869-70, 416-17; effect of, 385; extent of large estates, 406. Land nationalization. See Single Tax. Land policies, in Germany, 139-41, 411, 416-17; in England, 411-13, 417. Land taxes, 11, 12, 14, 122/., 190- 96. Land Union, 242 n. Land value, definition, 2, 4; rise in, 96, 120, 128, 373, 386; effect of tax on, 115, 319-20; urban and rural, compared, 344-45, 350-51 ; causes of, 368-69. Land value rating bills, 200 / Leaseholds, 43-44, 46, 67, 73-74, 203-04, 217/. INDEX 487 Local option, 51, 52, 54, S06. 807, S45-46, 434-39, 442, 447; in Ger- many, 124 n., 129; in Canada, 263. 264, 265, 271. Local taxation, in Australia, 24-25, 28-30, 34, 35, 36, 48-55, 60, 88jf ., 95-96; in Germany, 122/., 163- 77; in England, 121, 196/.; com- missions on, 196-205. London County Council, 199. London land values, 360; vacant land, 380. Lumsden appeal case, 242-43. Manitoba, 254, 255, 257, 265, 266, 301. Mineral land, 308, 366-68, 416/.; values, 367-68; taxation of, 419- 20. Mineral-rights duty, 7, 209, 227- 33, 305. 310; opposition to, 227/.; proceeds of, 229; annual incre- ment tax, 230-32. Minerals as improvements, 71-72. Minus assessable value, 241-42. Missouri, 452-53, 458. Modesto, Cal., 456. Mortgages, taxed, 40-41, 43, 46, 58; indebtedness, 383-84; effect of tax on loans, 183, 398, 401-02. New Brunswick, 300. New South Wales, land alienation, 21, 22, 97; local government, 29, 53, 55; suspension of state tax, 29, 34, 53. 55; rating, 29, 35, 53- 55, 92-95, 96; proceeds from land tax, 80. 82, 93; budget, 89-90; exemptions, 103. New York City, realty tax, 14, 15, 428; land value in, 359-60, 364; vacant land, 378-80; probable effects of tax in, 449-50; bills to tax land value, 457-58. New Zealand. 17, 34; land tenure, 21-23, 96-97; state tax, 24. 36- 41, 101-02; local rates, 35, 50-52, 95; absentee tax, 39-40, 81 ; valu- ation system, 64, 76, 77; disinte- gration, 96-98; land values, 111- 12; congestion, 112-14: rentals, 117-19. Nova Scotia, 301. Overassessment, 275, 288. Overbuilding. 111-14, 295-96, 898, 399-400, 408. Personalty tax, 251, 846, 427-28, 432/. Pittsburgh. 2, 455-56. 458. Private property in land, 405 /., 410, 415-20. Progressive rates. See Graduated tax. Property transfer tax, 123, 125-28, 131/.; in England, 246 n. Proportional taxation, 8, 9, 210, 305, 307, 326. Public appropriation, 405, 408 /.; of urban land, 411-14; mines and forests, 417, 420/. Pueblo, Colorado, 456-57, 458. Queensland, land tenure, 22; local government, 29, 50; finances, 29, 89-90, 96; no state land tax, 84; local rates, 29, 35, 48-50, 90- 92, 96; valuation system, 76; building conditions, 112-13. Rates of tax, in Australia, 87-41, 44-48, 101 /.; in Germany, 155 /., 166-68; in Kiao-chau, 185- 86; in England, 211, 217, 222, 227, 230; in Canada, 282. Realty tax, 12, 14, 428-30, 439 /., 442, 445-48; in New York City, 14, 15 n., 428. Reichszuwachssteuer, 17, 121, 144- 63, 167, 173; proceeds from, 176; amended, 176-77. Rent, effect of tax on, 117-20, 181, 182, 295, 895 /.. 398, 401-02, 420; theory of, 808-09; factors entering into, 894-95, 401-02. Rental tax. See Annual value. Revenue from land taxes, in New Zealand. 79-81 ; in Australia, 81- 83, 90 /.; in England, 245; allo- cation of, 247 n. Reversion duty. 7, 9, 209. 217-22, 303. 805; retroactive. 217, 222; exemptions from 218-20; ambig- uous wording, 221-22. Saskatchewan, 18, 254, 255, 257. 262-64, 265, 270, 298, 301. 488 INDEX Scranton, 2, 455-56, 458. Seattle, Washington, 452, 458. Selling value. See Capital value. Separation of revenue sources, 305- 07, 433-34, 443, 445-46. Single Tax, confused with tax on land value, 15, 17, 33, 341, 451; theory of, 16, 17, 33, 405; in Canada, 253, 263, 266, 269, 270- 71, 289, 290, 304; causes of movement, 267-69. Single Tax propaganda, in Austra- lia, 31, 32; in Germany, 143-44; in United States, 438, 451, 458; 260-67 n. Socio-economic effects of tax, 30- 81, 105-06, 119-20, 420-21, 422; in Australia, 106-20; in Ger- many, 177-84; in Great Britain, 247/.; in Canada, 291-99. Socio-political theory, 325-26. Somers's system, 337-40, 453. South Australia, land tenure, 22; rating, 35, 52-53; state tax, 41, 47-48, 80, 82; absentee tax, 41- 42, 47-48; undervaluation, 77- 78; budget, 89-90. Special assessment, 49, 272, 277. Speculation in land, 137-38, 256-58, 285-86, 369, 370-87; effect of tax on, 114-16, 183-84, 246, 249, " 296-98, 396, 398-99, 404, 420; results of, 378 /., 384-87, 405, 409-10, 414-17. Steuer nach dem gemeinen Wert. See Capital value tax. Superassessment, 273, 276, 321. Surtax in Saskatchewan, 264. Sydney, 54-55, 92. Tasmania, land tenure, 22; land tax, 35, 41, 45-47, 80, 83; budget, 89-90. Tax on land value, chap, i; dis- criminatory, 2, 8-9, 25-26, 303; forms of, 2-3, 7-11, 18, 302; ex- tant, 3, 17-18; definition, 4, 5, 7/.; principles, 5-7, 308/.; rea- son for, 3-4, 16-17, 24-25, 30, 34, 303; expediency of, 303, 324 /., 421, 451-59. Toronto, 300. Town Act (Alberta), 270-71, 289. Umsatzsteuer. See Property trans- fer tax. Underassessment, 13-14, 77-78, 275, 316, 428-31. 432, 441. Undeveloped land, causes, 378, 381-82; 385; in England, 380-81. Undeveloped land duty, 7, 209, 222-27, 305, 321; opposition to, 223-25; definition, 225; exemp- tions from, 226. Unearned increment, 5-6, 30; taxa- tion of, 130; principle of, 135-38, 348-49. Unimproved value, 75-77; tax on, see Tax on land value. United States, local tax problems, 1 n., 12-14, 422-23, 424-39; ex- pediency of tax on land value, chap. X, 346-47; trend of reform, 439/.; tax in, 451-59. Urban land values, 358 /., 365-66, 369, 446, 447; in Germany, 136- 37, 362, 415; in Canada, 257; causes of, 358-59, 364-65; public appropriation of, 410. Valuation of land, frequency of, 13, 67-68, 441-42; 61-65, 67 /., 331 /.; difficulties of, 61, 330-31; system in Australasia, 45, 62-65, 69-77, 103; accuracy, 77-78, 132; in Germany, 130; under Finance Act (Great Britain), 211-12, 227, 233-44; cost of, 238-39, 244; in Canada, 274-77; in United States, 332/.; scienti- fic, 333 /., 440-41; separate, of land and improvements, 203, 209, 301-03. Value increments of land, 253, 256, 280-84. Vancouver, 17-18, 270, 271, 273, 278, 282, 283, 284, 287, 290, 293, 294 296 301. Victoria (B.C.), 287, 293, 294, 296. Victoria (Australia), land aliena- tion, 22, 97; state taxes, 24, 35, 41, 44, 45; 80, 82-83; rating, 35; exemptions, 42, 43, 104; valua- tion, 45; budget, 89-90. Wages, effect of tax on, 298, 420. Western Australia, land tenure, 22, INDEX 489 97; rating, 36; absentee tax, 41- 42; state tax, 41, 48, 80, 83; ex- emptions, 42-43; definition of improved land, 44; budget, 89- 90. Wertzuwachssteuer. See Increment Wild-iand tax, 17, 258-59, 261-62, 321. Winnipeg, 265, 273, 282, 293, 294. (Site Wtitt^itt pvt^^ CAMBRIDGE . MASSACHUSETTS U . S . A V vi UC SOUTHERN REGIONAL LIBRARY FACILITY A A 000121 235 6 f^ASfy