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while, with respect to non-wasting real estate, stocks of merchandise and similar classes of property, it takes its per cent. of the income and leaves to the owner 100 per cent. of the capital, plus his per cent. of the income. It is no more constitutional to lay the direct tax on property without apportionment now than it was before the Sixteenth Amendment.

I submit that the Sixteenth Amendment does not sanction the laying of a tax upon mining premises by construing the word "income" to mean the proceeds of mining operations, when, as to all other clases of property, the tax bears merely on a percentage of what is true income, and does not touch the corpus of the capital.

ANNUAL ADDRESS

BY

CHARLES NAGEL

OF

ST. LOUIS, MISSOURI

THE GROWTH OF OUR LAW

There is little question that the public is reaching the conclusion that we are suffering from a surfeit of statutory law. But however clear we may be about the result, we do not appear to be of one mind with respect to the cause. Inasmuch as there are probably more causes than one, this is not to be wondered at.

To begin with, we have to contend with a much more complicated system than is the case in most countries with which we may institute comparisons.

Our dual system contemplated legislation and administration in one national and thirteen state jurisdictions. And this at a time when conflicts in the relations between the several states were not nearly as apt to arise as they do today.

We need not wonder, therefore, that we have been overwhelmed by a torrent of laws, many of which are theoretically intended only for local conditions, but which practically touch interests far beyond their immediate jurisdiction. This condition has been accentuated because our Federal government has so far failed to adopt a national policy for the government of conditions which are undeniably national in character. True, in the field of commerce and industry, which no doubt offers the most urgent invitation for action, we have a fairly comprehensive system of regulation; and we are promised a substantial crop of more legislation upon the same subject, with the regretable prospect of obscuring rather than clarifying the situation.

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ANNUAL ADDRESS

BY

CHARLES NAGEL

OF

ST LOUIS MISSOURI

THE GROWTH OF OUR LAW

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