madden commonwealth kentucky argued december decided january leo wolford wm marshall bullitt louisville appellant samuel rosenstein frankfort appellee justice reed delivered opinion brought section judicial code judgment appeals kentucky sustaining validity statute state attack appellant ground repugnant due process equal tion privileges immunities clauses fourteenth amendment constitution issue whether state statute imposes citizens annual ad valorem tax deposits banks outside state rate fifty cents per hundred dollars time imposes deposits banks located within state similar ad valorem tax rate ten cents per hundred dollars obnoxious stated clauses fourteenth amendment relevant provisions kentucky statutes period question appear note opinion appeals kentucky case construes exception section limiting tax bank deposits one per cent applicable depositors local financial institutions organized laws kentucky tional banking laws interpretation state laws course accepted us john madden died november citizen resident fayette county kentucky several prior assessment dates july kentucky madden deposit new york banks considerable amount funds deposits reported purposes taxation kentucky state brought suit madden executor deposits assessed omitted property recover ad valorem tax cents per hundred dollars july year together interest penalties executor used one defense claim contention tax deposits banks outside kentucky higher rate tax upon bank deposits within kentucky abridge decedent privileges immunities citizen deprive property right liberty keep money deposit outside kentucky without due process law deny equal protection law violation fourteenth amendment appeals passed upon constitutional questions submitted difference taxing rate kentucky deposits deposits approved classification permissible due process equal protection clauses refused accept argument interpretation statutes violated privileges immunities clause broad discretion classification possessed legislature field taxation long recognized fifty years ago concluded fourteenth amendment intended compel adopt iron rule equal taxation passage time served underscore wisdom recognition large area discretion needed legislature formulating sound tax policies traditionally classification device fitting tax programs local needs usages order achieve equitable distribution tax burden pointed taxation even fields legislatures possess greatest freedom classification since members legislature necessarily enjoy familiarity local conditions presumption constitutionality overcome explicit demonstration classification hostile oppressive discrimination particular persons classes burden one attacking legislative arrangement negative every conceivable basis might support paying proper regard scope legislature powers matters insubstantiality appellant claim denied equal protection due process law classification apparent statutes adopted general revision kentucky tax laws chief problem facing legislature formulation enforceable system intangible taxation placing duty collection local banks tax local deposits made almost enforcing tax deposits outside state however still resembled investments watson state comptroller collection said depend upon taxpayer upon vigilance discretion local assessors watson case classification may purposes policy taxation treatment accorded two kinds deposits may resulted differences difficulties expenses tax collection ii privileges appellant presses urgently upon us argument privileges immunities clause fourteenth amendment constitution forbids enforcement commonwealth kentucky enactment imposes upon testator taxes five times great money deposited banks outside state money others deposited banks within state privilege immunity appellant contends abridged right carry business beyond lines state residence right claimed appertaining national citizenship occasion attempt exposition views proper limitations privileges immunities clause recent discussion hague committee industrial organization appellant purports accept sound position stated view justices concurring hague decision position privileges immunities clause protects citizens abridgement rights national citizenship distinct fundamental natural rights inherent state citizenship declared fourteenth amendment well thirteenth fifteenth adopted protect negroes freedom almost contemporaneous interpretation extended benefits privileges immunities clause rights inherent national citizenship denied spring state citizenship applying constitutional principle determined right operate independent sell wine terms equality grape operate businesses free state privileges immunities protected fourteenth amendment state inheritance tax statute limited exemptions charitable corporations within state held infringe right protected privileges immunities clause consistently refused list completely rights covered clause though pointed type rights protected think quite clear right carry incident trade business deposit money banks privilege national citizenship reposes sovereignty manage affairs except requirements constitution otherwise provide within constitutional limits power state taxation plenary interpretation privileges immunities clause restricts power manage fiscal affairs matter gravest concern emphatic requirements constitution properly may lead federal courts conclusion appellant relies upon colgate harvey precedent support argument present statute within limits permissible classification violates privileges immunities clause view conclusions look upon decision case repugnant line reasoning adopted consequence colgate harvey supra must overruled affirmed chief justice hughes concurs result upon ground stated appeals kentucky classification adopted legislature rested upon reasonable basis justice roberts think judgment reversed four years ago colgate harvey held equal protection clause privileges immunities clause fourteenth amendment prohibit discrimination results statute review adhere views expressed opinion case think followed justice mcreynolds joins opinion footnotes see act january stat carroll kentucky statutes baldwin revision ch provides property subject taxation state purposes shall subject also taxation county city school taxing district taxable situs except following classes property shall subject taxation state purposes money hand notes bonds accounts credits whether secured mortgage pledge otherwise unsecured shares stock carroll kentucky statutes baldwin revision ch reenacted ch provides follows annual ad valorem tax state purposes thirty cents upon one hundred dollars value real estate directed assessed taxation provided law fifty cents upon one hundred dollars value property directed assessed taxation provided law shall paid owner person corporation assessed except tax rate one per cent cents upon shall paid annually upon amount deposits bank trust company combined bank trust company organized laws state national bank state provided law louis southwestern ry arkansas storaasli minnesota new york rapid transit city new york cases cited bell gap com pennsylvania citizens telephone fuller see opinion justice brandeis louisville gas electric coleman lindsley natural carbonic gas prohibition kentucky constitution classification taxation state political subdivisions taxed intangibles rate property resulted total tax per hundred dollars intangibles tax case bank deposits almost equaled interest deposits high rate led evasion tax concealment intangibles bank deposits took form withdrawals deposits outside state unequal burden evasion placed forms property led agitation reform early two special tax commissions reported need constitutional amendment general tax reform amendment permitting classification adopted third committee made specific proposals revision recommendations adopted special legislative session see message governor stanley general assembly kentucky senate journal general revision took form drastic lowering rates intangibles even lower rate placed bank deposits almost complete collection assured placing duty collection banks studies led general revision may found report kentucky tax commission report special tax commission kentucky report kentucky tax commission careful examination workings revised system made simeon leland taxation intangibles kentucky bulletin bureau business research college commerce university kentucky vol carmichael southern coal coke amendment section provides persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens prior cases collected note dissenting opinion colgate harvey note justice stone opinion hague case justice roberts opinion page page held fourteenth amendment created rights citizens merely secured existing rights state abridgement clear right peaceably assemble discuss topics communicate respecting whether orally writing privilege inherent citizenship amendment protects justice stone opinion pages pages occasion revive contention rejected cases supra privileges immunities citizenship protected clause extend beyond arise grow relationship citizens national government limited application privileges immunities clause seems conceded brethren wall repeat light recapitulation events almost recent called history familiar us casual examination language amendments one fail impressed one pervading purpose found lying foundation without none even suggested mean freedom slave race security firm establishment freedom protection freeman citizen oppressions formerly exercised unlimited dominion rights assailed properly necessarily fall within protection articles protection apply though party interested may african descent say wish understood fair construction section phrase amendments necessary look purpose said pervading spirit evil designed remedy process continued addition constitution purpose supposed accomplished far constitutional law accomplish id wall cases supra cox state texas cf bartemeyer iowa wall crowley christensen giozza tiernan crane campbell holden hardy wilmington star mining fulton western union telegraph commercial milling rosenthal people new york prudential ins cheek board education illinois cf ferry spokane described immunities arising nature essential character national government granted secured constitution kemmler see also cases supra wall cruikshank williams fears twining new jersey cf twining new jersey twining new jersey supra