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AREY v. COMMISSIONERS

Supreme Court of North Carolina
May 1, 1905
51 S.E. 41 (N.C. 1905)

Opinion

(Filed 25 May, 1905.)

Taxation — Distiller — Rectifier.

Under chapter 247, sections 60 and 63, Laws 1903, imposing a tax on distillers and on rectifiers, a distiller who rectified the product of his own distillery is subject to the tax on rectifiers; the two businesses seem to have been regarded by the Legislature as separate, and there is nothing in the Constitution which prohibits the General Assembly from Imposing the Increased tax upon the distiller who also operates a rectifying plant.

CONTROVERSY without action by D. L. Arey against the Board of Commissioners of Rowan County, heard by Bryan, J., at Fall Term, 1904, of ROWAN. From a judgment for the defendants, the plaintiff appealed.

Burton Craige and W. H. Woodson for plaintiff.

T. C. Linn for defendants.


The controversy is submitted to determine the legality of a tax assessed against the plaintiff under sections 60 and 63, chapter 247, Laws 1903. The plaintiff operates a 40-bushel distillery, and it is admitted he is liable to the tax of $125 assessed against him under section 63. He operates, also, a rectifying plant at the same place and rectifies the product of his own distillery. Section 60 imposes a tax of $200 on rectifiers of liquor. The plaintiff in his brief (501) contends, "that the tax is unconstitutional; that the process of purifying the whiskey is one and the same process in manufacturing whiskey, and that the manufactur's [manufacturer's] license covers the business in which he is engaged," and he also contends "that rectifying or purifying his own whiskey is not a trade or business in itself, such as to be taxable under the Constitution."

We are not conversant with the processes of distilling and manufacturing liquor, but the General Assembly, exercising its knowledge, has classified rectifying as a business entirely distinct from distilling. It has taxed rectifying in the section with wholesalers and has exempted the rectifier from the wholesaler's tax. Therefore, the rectifier may deliver his product under section 60 to the common carrier without additional tax.

The same privilege is given distillers in section 63, but nowhere in that section is the rectifier associated with the distiller. The two seem to have been regarded by the Legislative mind as separate and distinct vocations, although dealing in the same commodity.

The burden of proof is on the plaintiff to show that the two are but one and the same trade or business. There are no facts set forth in the record from which we can infer it.

Assuming that the two occupations of distilling and rectifying may be united in one and conducted by one person, there is nothing in our Constitution which prohibits the General Assembly from imposing the increased tax upon the distiller who also operates a rectifying plant. Subject to the organic law, the power of the General Assembly to tax is supreme.

Affirmed.

Cited: Washington v. Lumber Co., 145 N.C. 14.

(502)


Summaries of

AREY v. COMMISSIONERS

Supreme Court of North Carolina
May 1, 1905
51 S.E. 41 (N.C. 1905)
Case details for

AREY v. COMMISSIONERS

Case Details

Full title:AREY v. COMMISSIONERS

Court:Supreme Court of North Carolina

Date published: May 1, 1905

Citations

51 S.E. 41 (N.C. 1905)
138 N.C. 500

Citing Cases

Washington v. Lumber Co.

From the above agreed facts it is clear that there are two distinct businesses, taxed separately by the town…