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Estate of James Donnelly, Deceased.

Taxation — Interest-bearing deposits in banks — Exemption from local taxation — Constitutional Law — Selection and classification of subjects for taxation — Act of May 17, 1913 P.L. 507, as amended by Act of April 21, 1933, P.L. 54.

The selection and classification of subjects for taxation are, generally speaking, exclusively within the control of the Legislature. If the selection or classification is neither capricious nor arbitrary and rests upon some reasonable consideration or difference or policy there is no denial of the equal protection of the law.

Interest-bearing deposits which help maintain a sound banking system for the convenience and protection of the thrifty and for the stimulation and extension of credits are distinguishable from all other kinds of interest-bearing accounts which benefit their owners only.

The Act of April 21, 1933, P.L. 54, amending the Act of June 15, 1913, P.L. 507, which exempts interest-bearing deposits in banks from local taxation is constitutional.

Public officers — County commissioners — Right of commissioners to contest constitutionality of an Act of Assembly.

County commissioners may contest the constitutionality of an Act of Assembly which if valid takes away from them a source of taxes formerly given to them.

Argued May 4, 1934.

PER CURIAM, July 13, 1934:

The decree is affirmed on the opinion of TRIMBLE, President Judge of the orphans' court. The appellant is to pay the costs.

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ESTATE OF JAMES DONNELLY
(Jul 13, 1934)