Knowlton v. Moore, 178 U.S. 41 (1900)

MR. JUSTICE HARLAN dissenting:

While I concur in the construction placed by the Court upon the clause of the Constitution declaring that all duties, imposts, and excises shall be "uniform throughout the United States," I dissent from that part of the opinion construing the 29th and 30th sections of the Revenue Act. In my judgment, the question whether the tax presented by Congress shall or shall not be imposed is to be determined with reference to the whole amount of the personal property out of which legacies and distributive shares arise. If the value of the whole personal property held in charge or trust by an administrator, executor, or trustee exceeds $10,000, then every part of it constituting a legacy or distributive share, except the share of a husband or wife, is taxed at the progressive rate stated in the act of Congress. I do not think the act can be otherwise interpreted without defeating the intent of Congress.

Construed as I have indicated, the act is not liable to any constitutional objection.