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1 N.C. 176

Frew v. Graham

Supreme Court of North Carolina

Decided July 15, 1817

Supreme Court of North Carolina · decided 1817-07-15

THIS was an action to recover the penalty of 0 50Q, under the act of Congress, for rion-payment of the tax op a quantity of pig iron. The Defendant was owner of a furnace, which he worked a part of the time between the 18th of April, 1815, and the 22d of February, 1816 ; in which time, he made 77,555 lbs. of pig iron; no part of which was made for sale, but the whole designed for his own use, to be made into bar iron at his own forge.

Decided 1817-07-15

Ruffin, J.

¶1delivered the opinion tf the Court

¶2Upon a view of the act of Congress of January, 1815, it appears to me, that a distinct tax is laid upon the manufacture of'iron in its^ two stages of pigs and bars. The making of them, we understand to he separate businesses»1 ít is true that they may, and probably are, very often exercised by the same man ; but that makes’ no difference. So may the same person have a tannery and a shoe shop. But the act is explicit, that both the leather and the shoes shall pay a tax. In all these instances, it is to be recollected, that it is the article, and not the manufacturer, that pays. And it would seem strange, when the owné'r óf a furnace makes pigs, one half of which he sells to a neighbouring owner of a forge, to be made into bar iron, and the other half is manufactured into bars.at his. own forge, that in the former case two dollars should be paid per ton, and in the latter, only one ! I understand the articles exempted from duty as being for the maker’s own use, to mean for his own consumption, and not made fear 'profit.

¶3Iiet judgment he given for the Plaintiff*

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