City of Petersburg v. Petersburg Benevolent Mechanics Ass'n
City of Petersburg v. Petersburg Benevolent Mechanics Ass'n
Opinion of the Court
delivered the opinion of the court.
The constitution, Article X, section 3, empowers the legislature to exempt all property from taxation which is “ used exclusively for State, county, municipal, benevolent, charitable, educational, and religious purposes.” It is contended that exemption from taxation being in derogation of common right, this provision of the constitution must be strictly construed. It is certainly true that public grants, of which exemption from taxation is one, are always to be construed strictly. Liability to taxation is the rule, exemption the exception, and before such exemption can be admitted, the intent of the legislature to confer it must be
We think the exemption conferred by the act extends-to the present case. By the act approved March 16, 1874 (Acts 1874-75, page 219), the real estate owned by Masonic, Odd-Fellows and other like benevolent associations, where the proceeds arising from said property were devoted exclusively to charitable or. school purposes, was exempt from taxation, with the proviso, however, that no lot or building should be exempt which was used wholly or partially for any private purpose, or for profit. But by the. act now in force (Acts 1876-77, pages 302-3), to the proviso contained in the act of 1874, is added these words, “but'where-a part of such proceeds are used for charitable or school purposes, then to that extent the said property shall be exempt from
The decree of the corporation court is affirmed.
Decree aeeirmed.
Reference
- Full Case Name
- City of Petersburg v. Petersburg Benevolent Mechanics Association
- Cited By
- 24 cases
- Status
- Published
- Syllabus
- 1. Constitutionality of Statutes—Exemption from taxation—Strict construction.—Code 1873, chapter 33, section 14, and the acts amendatory thereof, exempting from taxation property owned by benevolent associations, is valid under article tenth, section three of the State constitution. The power of the legislature to exempt from taxation is absolute ; but taxation is the rule—exemption the exception, and the intent of the legislature to exempt must be clear. 2. Idem—Idem—Proceeds.—The grant of power to exempt from taxation all property used for benevolent purposes, carries with it the power to exempt property the proceeds whereof is used for those purposes. 3. Charitable Purposes.—Where the revenues of an association are applied wholly to paying its current expenses, the assistance of its indigent members, and the families of such as have died in need, these are charitable purposes, and it is not essential that they shall be universal. 4. Construction of Statutes.—When by Acts 1876-7, chapter 301, section 15, the legislature to the proviso contained in Acts 1874-5, chapter 206, section 15, added the words “but where a part of such proceeds are used for charitable or school purposes, then to that extent the said property shall be exempt from taxation,” it intended to include property of such associations used for “any private purpose or for profit,” and to exempt such property to the extent its proceeds are used for such purposes.