Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 645
viii, 704 p. ; 22 cm.View a full description of this book.
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1875.1 BLESSING v. THE CITY OF GALVESTON. 645
Argument for the appellants.
keepers, dealers in carriages, buggies, etc., ship agents, coal dealers,
auctioneers, merchandise brokers, keepers of restaurants,
insurance brokers, keepers of bar-rooms, barber shops, venders
of wood from their own wood-yards in the city of Galveston,
physicians, lawyers, dentists, theatres, steamboat agents, persons
engaged in transporting merchandise, tailors, shoemakers,
ticket agents for railroad companies, owners of trucks for transporting
merchandise and baggage, owners of vehicles or buggies
kept for private use, and drawn by one horse, keepers of retail
grocery stores where liquors were sold in quantities of not less
than an ordinary wine bottle, and other occupations.
Petitioners refusing to pay the taxes imposed under ordinance
of July 5, 1871, writs were issued by John S. Rhea, as
Recorder of the city, for their arrest and trial before the Recorder's
Court of the city, under the charges above mentioned.
Judgment for defendant, and plaintiffs appealed.
Ben. C. Franklin & c . L. . Trezevant, for appellants, filed
an able and elaborate argument, the length of which prevents
its insertion.
They contended that the court erred in sustaining the ordinance
of the city of Galveston of July 5, 1871. entitled, "An
" ordinance to establish a uniform rate of license taxes on pro"
fessions, callings, and other business occupations, and on car"
riages h s, hacks drays, and other vehicles, because the ordinance
does not, as its title contemplates, impose a uniform rate of
taxes, but imposes instead diverse and discriminating rates in
violation of Sections 2, 16, and 21, Article 1, and Section 19,
Article 12, of the Constitution of this State.
To use the language of Woodbridge v. Detroit, 8 Mich., 301,
'* To compel individuals to contribute money to the use of the
" public without reference to any common ratio, and without
requiring the sum paid by one person to bear any relation
"whatever to that paid by another, is, it seems to me, to levy a
"forced contribution, not a tax, within the sense of that term,
( as applied to the exercise of power by any enlightened or re"'
sponsible government."
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/653/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .