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 Real Estate Tax ExemptionsRobert Tideman
 [Reprinted from The Gargoyle, January, 1959]
 
 Overlooked in last month's article on the taxation of private schools
          in California were vital considerations that have forced themselves
          upon the attention of some of us who are close to the California
          scene.
 
 The taxes at issue are not income or sales taxes, but property taxes,
          a most significant part of which fall upon the value of land. Gargoyle
          readers do not need to be reminded that taxes on the value of land are
          not an "attack" by the State. On the contrary, any
          nongovernmental landholders who seek or defend exemption from such
          taxes are themselves making necessary the oppressive taxes on labor
          and capital which do attack private enterprise.
 
 The private schools involved in the recent contest -- including
          parochial schools which, of course, are also private -- paid taxes on
          the land they occupied from the earliest days of statehood right up to
          1952. During this long period they grew and flourished. In 1926 and
          1933 they had sought the privilege of tax exemption but were defeated
          at the polls. In 1937 a similar attempt was defeated in the
          Legislature. But in 1952 California voters wearily conceded the
          long-sought real estate tax exemption by the narrow margin of 50.8
          percent to 49.2 percent of the vote. Thus the late initiative
          amendment was scarcely a "subtle attempt 
 to tax them out
          of existence," as The Gargoyle reports. It was simply an
          attempt by citizens to return these private schools to the same real
          estate tax obligations which they had shared with other landholders,
          from the State's earliest days until six years ago.
 
 The genuinely "subtle attempt" is the one being made to
          represent all resistance to such land tax exemptions as "attacks"
          motivated by "bureaucracy" or even "bigotry." Such
          hot charges, it seems to me reflect a weakness of argument.
 
 To be sure, certain marginal private schools occupying valuable land
          might have to move or even close if compelled to resume paying for the
          public services such as police and fire protection which give value to
          the land they hold. And why not? Any enterprise whose customers do not
          get enough value from its service to pay its bills ought to retrench.
 
 Granted that parents have both a natural and a constitutional right
          to choose their children's schools, this right does not convey the
          privilege of holding school land tax exempt. Each of us has the right
          to construct private parks, roads, libraries or tennis courts, to
          provide his own police and fire protection, or to furnish any like
          facility also provided by government. But that right does not convey
          the privilege of tax exemption to the land so used. For any tax
          exemption of nongovernmental land compels other taxpayers to pay for
          the public services enjoyed by the exempt landholders. In effect, such
          exemptions compel the payment of taxes for the support of private
          schools, which is indeed the accepted practice in some foreign lands
          but not in the United States -- not yet. Land tax exemptions deprive
          the public schools of their natural revenue, deny "the equal
          protection of the laws" guaranteed by the 14th Amendment, deny,
          in fact, the equal right to Nature's gifts, and are indefensible on
          any ground whatsoever.
 
 As for Bishops' reaffirmation of the "right to teach"
          conveyed to the Roman Catholic Church by "her Divine Founder
          Himself," it goes without saying that this right is shared by
          all.
 
 The Bishops are quoted as declaring "Under whatever form of
          tyranny, from Caesarism to Sovietism, the subversion of human freedom
          has almost invariably begun with restriction or denial of the right of
          the Church to teach." This is not correct. The Gracchi brothers
          were stoned and beaten to death before the birth of Jesus, the
          Nihilists of whom George wrote went to the gallows 38 years before the
          Soviet Revolution, and, painful as it may be to admit it, in Spain and
          the Dominican Republic, where the right of the Church to teach is
          certainly not restricted, the face of freedom is all but ground to
          powder.
 
 The statement that "any governmentally run institution tends, at
          best, to mediocracy" is generally true of federal agencies, which
          do not summon the attention of direct land tax payers to oversee their
          operations; but is not true of independent local school districts
          which draw revenue from district landholders who themselves are in
          competition with the landholders of nearby districts to attract
          population to their areas.
 
 As for the alleged superiority of private schools, recent surveys of
          the college records of public and private high school graduates in
          California reveal little difference between the scholastic records of
          the two groups. Public school graduates, as a matter of fact, were
          found to do somewhat better. Dr. Edward McGlynn, head of the largest
          Roman Catholic Church in New York City, himself staunchly favored the
          American public school system and resisted the introduction of church
          schools in his parish. Henry George speaks best for himself. "The
          great merit of our public schools", he wrote, "and the great
          necessity for public schools in a country like ours, is that they
          bring together children of all creeds and classes and thus wear away
          the prejudices that must inevitably arise where children of one creed
          or class are kept from association with children of other creeds or
          classes. People hate each other and despise each other just in
          proportion as they are kept separate from each other; and the most
          important lesson which many a boy and girl learns in our public
          schools is that children of other faiths, which the narrower teachings
          of home and Sunday School might lead them to despise, are just as
          intelligent, just as conscientious, just as kindly, and just as
          lovable as anyone else. To our public schools more than to any other
          of our institutions is due the growth of that spirit of toleration
          between various creeds which is so marked in the United States."
 
 
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