Security Savings Bank & Trust Co. v. Hinton

Citations

• 97 Cal. 214
• 32 P. 3
• 1893 Cal. LEXIS 513

Syllabus

<p>Taxation for Municipal Purposes — Constitutional Law —Municipal Charter.—The authority given by the constitution to a city having over one hundred thousand inhabitants to frame and adopt “a charter for its own government, ” which “shall become the organic law thereof,” authorizes such city to provide in its charter for taxation for municipal purposes.</p> <p>Id. — Legislative Grant of Power—General Laws.—The provision in section 12 of article XI. of the constitution, that the legislature may, by general laws, vest in the corporate authorities of municipal corporations the power to assess and collect taxes for municipal purposes, applies fully to municipal corporations formed under general laws, but does not render the enactment of a general law necessary to empower a city having a freeholder’s charter to impose taxes for municipal purposes.</p> <p>Id. — Constitutional Grant — Implied Power of Municipal Taxation. — The constitution, in prohibiting the legislature from imposing taxes for municipal purposes, and in authorizing cities of sufficient population to adopt freeholders’ charters, which the legislature cannot change or amend, vests in such cities, by necessary implication, the power of taxation, which is essential to municipal existence. The constitution further assumes by its various provisions that all municipalities, however chartered, shall have and exercise the power of taxation.</p> <p>Id. — Taxation of Savings Banks — Deduction of Liabilities to Depositors— General Law — Control of Municipal Taxation of Property. — Section 3617 of the Political Code, subdivision 6, as amended in 1881, which provides that “credits, claims, debts, and demands due, arising, or accruing for or on account of money deposited with savings and loan corporations shall, for the purpose of taxation, be deemed and treated as an interest in the property of such corporation, and shall not be assessed to the creditor or owner thereof,” is a general law declaring the general policy