Opinion · Supreme Court of the United States
Rainey v. United States
232 U.S. 310
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1914-02-24
- Topic
- general
How later courts describe this case
- refraining expressly from suggesting that after an act of Congress has been duly promulgated, a court may inquire in which house it originated for the purpose of determining its validity
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UpLaw has not yet analyzed Rainey v. United States. The absence of a flag is not a finding that it is good law.
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RAINEYv. UNITED STATES,232 U.S. 310(1914)
34 S.Ct. 429
RAINEYv. UNITED STATES.
UNITED STATESv. RAINEY.
RAINEYv. UNITED STATES.
UNITED STATESv. RAINEY.
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF
NEW YORK.
CERTIFICATE FROM THE CIRCUIT OF APPEALS FOR THE SECOND CIRCUIT.
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF
NEW YORK.
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.
Nos. 74, 627, 73, 628.
Argued January 6, 7, 1914.
Decided February 24, 1914.
THE facts, which involve the construction and
constitutionality of § 37 of the Tariff Act of 1909 imposing
Page 312
a tax on the use of foreign-built yachts and the liability of the
owner for such tax, are stated in the opinion.
The act on its face shows that it was intended to operate prospectively; and therefore the tax is not payable until September 1, 1910.
The act does not levy a tax, but deprives defendant of his property without due process of law. The 35% duty is a direct tax, and void because not apportioned.
The seven dollar per ton annual tax on the use of the yacht is an excise or indirect tax, and void for want of uniformity.
Defendant's use of the yacht prior to August 5, 1909, tax free, was property. In order to make the tax fall due September 1, 1909, it is necessary to destroy such tax-free use of the yacht prior to August 5, 1909, which is a deprivation of property without due process of law.
A recovery in this action would destroy rights vested in the defendant under the British treaty of 1815, and would deprive defendant of his property without due process of law; and further Congress did not intend to annul the treaty of 1815.
The act does not authorize any actionin personamagainst the owner or managing owner.
The yacht tax is void, as it is a bill for raising revenue, and it originated in the Senate and not in the House of Representatives.
In support of these contentions, see act of June 5, 1794, § 3;Americanv.Worthington,141 U.S. 468;Benzigerv.UnitedStates,192 U.S. 38; British Treaties of July 3, 1815, October 20, 1818, August 6, 1827;Chew Heongv.United States,112 U.S. 536; Cong. Rec., 61st. Cong., pp. 1573, 4275; Cooley, Const. Lim., p. 528;Harveyv.Tyler, 2 Wall. 328;Hyltonv.United States, 3 Dall. 171;Knowltonv.Moore,178 U.S. 41;Lewisv.Penna. R.R.Page 313Co.,220 Pa. 317;McEwenv.Den, 24 How. 242;Murrayv.Gibson, 15 How. 421;Pollockv.Farmers' Loan TrustCo.,158 U.S. 601;Re Pennsylvania Telephone Co., 2 Chest. Co. Rep. (Pa.) 129, 131; Rev. Stat., §§ 4131, 4132;Sohnv.Waterson, 17 Wall. 596;Statev.Smith, 28 N.W. 241; Story on Const., 4th ed., p. 622;The Miranda, 47 F. 815, aff'd, 51 F. 523;Thomasv.United States,192 U.S. 363,370;Twenty per Cent Cases, 20 Wall. 179;UnitedStatesv.Heath, 3 Cranch, 399;United Statesv.Reese, 5 Dillon (Kans.), 405;United Statesv.Wigglesworth, 2 Story (Mass.), 369;Warrenv.Crosby, 34 P. 661.Mr. Assistant Attorney General Adkins, with whomMr. KarlW. Kirchweywas on the brief, for the United States.1
Separate assignments of error were made in the two cases which are here on direct review and are referred to and discussed in the arguments at bar. They are all, in both cases, however, embraced in the ten separate propositions stated in the argument, and both cases will therefore be disposed of by briefly considering and deciding them. In doing so we shall bring the several assignments under common headings for the purpose of avoiding repetition. First, that the court erred in holding there was authority to bring an actionin personamagainst the owner for the recovery of the tax. This is disposed of by the reasoning adopted in theBillings Casein passing on the question of liability for interest. Second, that error was committed in holding the first installment ofPage 315the tax was due in September 1909, and in deciding that the six months clause, under the section in question "applied only to the charterer and did not apply to the owner of a foreign-built yacht." Third, that error was committed in deciding that the tax did not violate the due process clause of the Fifth Amendment and was not in conflict with the uniformity clause of Art. I, § 8 of the Constitution. These grounds also are disposed of by the opinion in theBillings Case. Fourth, that error was committed in not deciding that § 37 of the act of 1909 "in so far as it lays a duty of 35 per cent.ad valoremis a direct tax and void because not apportioned in contravention of Art. I, § 2, and Art. I, § 9 of the Constitution of the United States." This proposition is concerned with the second paragraph of the statute in question which gives a right to the owner of foreign-built yachts of commutation, as follows:
"In lieu of the annual tax above prescribed the owner of any foreign-built yacht, pleasure-boat or vessel above described may pay a duty of thirty-five per centum ad valorem thereon, and such yacht, pleasure-boat or vessel shall thereupon be entitled to all the privileges and shall be subject to all the requirements prescribed by sections forty-two hundred and fourteen, forty-two hundred and fifteen, forty-two hundred and seventeen, and forty-two hundred and eighteen of the Revised Statutes and Acts amendatory thereto in the same manner as if said yacht had been built in the United States, and shall be subject to tonnage duty and light money only in the same manner as if said yacht had been built in the United States."
We think the reasons given in the comprehensive opinion of the lower court in ruling adversely on this proposition are so conclusive that we adopt them and make them our own. The court said:
"The owner is not required to pay this duty. He is merely given the option to pay it. In its nature it wouldPage 316seem to be a duty on imports and such duties are not held to be direct taxes requiring apportionment. But it is unnecessary to pass upon this question. These actions are for the recovery of the annual tonnage tax and the validity of the ad valorem tax is not involved. The provisions concerning that tax are separable from those concerning the annual tax. The one is not dependent upon the other and there is no indication that Congress would not have adopted the one without the other. Under such conditions it is well settled that unconstitutional provisions may be separated from legal provisions and effect be given to the latter."
Fifth, that error was committed in not holding that enforcement of the tax "would destroy rights vested in the defendant under the British Treaty of July 3, 1815" and would for such reason "deprive the defendant of his property without due process of law." The court below adequately disposed of this contention upon reasons which we also approve and adopt.
The court said:
"This defendant does not claim to be a British subject, and it is by no means clear that he is entitled to invoke the protection of the treaty. But, however that may be, it is well settled that when a treaty is inconsistent with a subsequent Act of Congress, the latter will prevail.Taylorv.Morton, 2 Curtis, 454; and seeWhitneyv.Robertson,124 U.S. 190;Head Money Cases,112 U.S. 580;Cherokee Tobacco Case, 11 Wall. 161;Ropesv.Clinch, 8 Blatchf. 304.
"Treaties are contracts between nations and by the Constitution are made the law of the land. But the Constitution does not declare that the law so established shall never be altered or repealed by Congress. Good faith toward the other contracting nation might require Congress to refrain from making any change, but if it does act, its enactment becomes the controlling law in this country. The other nation may have ground for complaint, butPage 317every person is bound to obey the law. And as a corollary it follows that no person acquires any vested right to the continued operation of a treaty."
Sixth, that error was committed in not deciding that § 37 of the act was not void "as it is a bill for raising revenue, and it originated in the Senate and not in the House of Representatives, in contravention of Article I, section 7, of the Constitution of the United States." Without intimating that there is judicial power after an act of Congress has been duly promulgated to inquire in which House it originated for the purpose of determining its validity, and upon the assumption for the sake of the argument that such power may be invoked, again we think the court below disposed of the contention upon a ground entirely satisfactory which we adopt and approve, the court saying:
"I am also satisfied that the section in question is not void as a bill for raising revenue originating in the Senate and not in the House of Representatives. It appears that the section was proposed by the Senate as an amendment to a bill for raising revenue which originated in the House. That is sufficient. Having become an enrolled and duly authenticated Act of Congress, it is not for this Court to determine whether the amendment was or was not outside the purposes of the original bill."
Following the practice adopted in the cases previously decided and treating, as we did in these cases, the United States as here on a cross-writ of error complaining of the refusal to allow interest, it follows that the questions asked by the Circuit Court of Appeals covered by the certificates need not be answered and that the judgments of the court below in the cases on direct writ of error in so far as they rejected the claim of interest will be modified to the extent necessary to allow such claim and in other respects will be affirmed. Therefore our order will beModified and affirmed.Page 318
- Page 313 For abstract of argument, see p. 269,ante. ↩