Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1872-04-04
The Illegal License Tax.

The Charleston people, we are gratified
to state, are taking active measures to
test the constitutionality of the License
Law as adopted at the recent session Of
our Legislature. Let resistance be made
to the payment of the unjust License
tax, and also tho other confiscating taxes
soon to be demanded of the taxpayers.
5datiir daiir fumrues uDora want, ana now that
the expressions of the Radical ring are
beyond our endurance to bear, duty to
ourselves and those whom We have to
provide for, demand that We should re-
fuse further payment, and appeal to the
Courts for justice.
The Charleston NeYS, noticing the ac-
ton of the people of Charleston, in re.
gard to the license law, says
A largely attended meeting of brokers
and other citizens who are affected by
the provisions of the new license law,
was held in the hall OF the Bank OF Char
lesion on Saturday noon. The opinions
Of .Messrs. Porter q Conner, and Mr.. {.
G.. Mcnminger, as to the constitutional
ity of the law, were read to the meeting,
and tho feeling was unanimous that, If
brought to q test in the courts, the act of
the Legislature could not be sustained.
Some diversity Of opinion existed as to
tho most appropriate and feasible meth.
cd of testing the question, and full and
free discussion was had, resulting i'll the
adoption of a resolution, on the motion
of Mr.. Barker, that committee Of three
be appointed to confer with Messrs Por-
ter and MemElinger and request them to
arrange for the testing Of the'license law
before the courts at the earliest practical
BILE time, and for the suspension OF pros
ecutions for the penalties of the law pend
ing the action Of the court.
And the Charleston Courier, on the
same subject, says:
While it is hoped and believed that
arrangements will be made with the
State authorities to suspend the payment
of this tag until the constitutionality OF
the License Law can be determined, yet
inasmach as there may be some citizens
30 situated as to be induced to compli-
ance before the question can be tested,
and vet lie desirous of doing so under
protest, we have procured and publish
the following form Of protest, which has
been considered and approved OF by en-
inent lawyers of this city:
I hereby give notice to the County
Treasurer that the license required rs
-, under the Act to provide fer q gen
eral license law is paid under protest, on
the ground of illegality, and under du-
ress, or threat and fear of criminal pros.
eeution, and pain of Imprisonment. And
that an action will be brought against the
County Treasurer to recover 1t back.
The grounds are :
/. That the Constitution has not dele
gated to the Legislature any power to es-
tablish general license system, and all
powers not delegated remain with the
people. :.
2. That the license foes are taxes in dis
guise, aud are unequal and waiting in the
uniformity prescribed by the Constitu-
ton
8. That the only tax allowed by the
Constitution liz proportional tax on
property, and poll tax not exceeding
one dollar per head; and It is provided
that this tax bo annual, and in pursu-
alce of law stating the objects to which
it Is to beapplied, all of which provisions
are violated In the License Act.