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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...is because they are not, in any proper sense, abiding within its limits, and have no continuous presence or actual situs within its jurisdiction, and, therefore, can be taxed only at their legal situs--their home port and the domicil of their owners. Pullman's Palace Car Co. t'. Pennsylvania, 141 U. S. 18. And see Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196. When actual situs governs. and the other in Kentucky, under separate fran-cPIter chises from the legislatures of two States, it was--held that a tax imposed by the State of Kentucky and levied on a valuation which included the Indiana franchise was a deprivation of property without due process of law.8 The two franchises were separate and distinct, and, said the court, each franchise is property entitled to the protection of the law.... While the mode, form, and extent of taxation are, speaking generally, limited only by the wisdom of the legislature, that power is limited by a principle inhering in the very nature of constitutional government, namely, that the taxation imposed must have relation to a subject within the jurisdiction of the taxing government.... No difficulty can exist in applying the general rule in this case; for beyond all question the ferry franchise derived from Indiana is an incorporeal hereditament derived from and having its legal situs in that State. It is not within the jurisdiction of Kentucky. The attempted taxation by Kentucky of the company's Indiana franchise was, therefore, a violation of the due process clause of the Fourteenth Amendment; as much so as if the State taxed the real estate owned by that company in Indiana. 8 Eeal estate under mortgage may be taxed by the Jr State at its full value. The State may do this mortsaKeei...

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