vernor on address of
the legislature. If a judge is suspected of corrupt conduct in his
office, or of being incompetent to discharge its duties, complaint is
made to the legislature, and the party complained of is notified, and an
opportunity is given him of being heard in his defense. If both
branches, by the required majorities, concur in the opinion that he
ought to be removed, they address the governor, setting forth their
reasons for the removal. If the governor considers the reasons
sufficient, the officer is removed. This mode of removal does not exist
in all the states. In New York, and perhaps in a few other states, the
legislature makes the removal without the concurrence of the governor;
and in that state some of the lower judicial officers may be removed by
the senate on the recommendation of the governor. In a few states,
judges are not removable by impeachment.
Chapter XXI.
Assessment and Collection of Taxes.
Sec.1. Every government must have the power of providing means for its
support. The money which is needed to pay the expenses of administering
the government, if the state has no permanent source of revenue, or
income, must be raised by taxation. A _tax_ is a rate or sum of money
assessed upon the person or property of a citizen for the use of the
state. When assessed upon the person, it is called a _poll-tax_, or
_capitation tax_, being a certain sum on every poll, or head. But as
persons ought generally to contribute to the public expenses according
to their ability, taxes are more just and equal when laid upon the
property of the citizens. Few poll-taxes are levied in this country.
Sec.2. There are certain kinds of property which are exempt from taxation;
such as the corporate property of the state, of counties, and of towns,
including the buildings in which the public business is done, the
prisons, jails, asylums, &c., and the lands attached to them;
school-houses and meeting-houses, with the lands attached;
burying-grounds, and the property of literary and charitable
institutions. But the property of business corporations, as rail-road,
banking, insurance, manufacturing, and other stock companies, like that
of individuals, is liable to taxation. _Real estate_, or _real
property_, is land with the buildings and other articles erected or
growing thereon. _Personal estate_, or _personal property_, consists of
movables, as goods, chattels, money, and debts due from solvent debtors.
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