The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-12-13
VIRGINIA GENERAL ASSEMBLY.
MIN Il DAY (stsATB cosTisusDl.
THURSDAY, December IL.

TAX ON AMENDMENTS TO CHARTERS.
House bill to amend the charter and
change the name of the Merchants and
Mechanics' Savings Bank Of the city Of
Richmond was taken up and twice read.
Mr.. Wynne moved to suspend the rules
in order to pass the bill without reference
to the committee.
The President ruled that the bill could
not be further considered unless the tax
was paid.
Mr.. Greene appealed from the decision Of
the President.
The question being on the appeal thus
aiken by the Senator from Petersburg from
he chair, Mr.. Greene said:
Mr. President Il arm no lawyer, and
10 not pretend to be able to construe ques-
ions of law in the presence Of this body
md have, therefore, consulted profess
sional friend, and beg leave to give his
opinion as my views on this question.
The 8lst s.ction of the act approved
April 9th, 1872, entitled IAN Act Tor the
support oil the government and free schools
md to pay the interest on the public
lsbt, - reads as follows:
TAX or JoIsT STOCK COMPANIES.
FL On every bill hereafter proposed In the
General Assembly, incorporating any joint
'tock mp ny (unless it be fer cemetery or an
OBJECT purely chart able), tefore the same ~ III
q considered by tn a,nerai Assembly, there
all be paid into the treasary, for the use of The
commonwealth, If tho capital 8 ock of said
ompiny amount 10 five thousand dollars nfty
collars and for ev ~ additional FIVE thoiisann
,ol,ais of stock, two dollars and fiji y cents. On
very bill her-aiter proposed in the Grnerai AS
emily which shall be OF u private ch racter,
!, distinguish, from acts Of public charactei
I'D not tor The INCORPORATION OF n company or
ha amendment OF a charter (ind mot for Ger e.
~ or an OBJECT purely cnalitabi-l, before the
iy, tiers shall be paid into the treasury, tor the
ise of tn, Commonwealth. such sums as sh4il
decided by the committee to whom It 10 re-
,rrpd to or chargetbe under this act, and the
mount then patd shall be refunded II the act
.ppl ed for Is not passed
Waving for the present all questions
oilching the constitulionality of this law;
: wisdom or folly its expediency or i'm
xpediency I; lts fatal effect upon the right
( petition-wl,ich is the biEthright not
MY OF the citizen, but of the subject and
ven of the slave--[ propose to discuss the
meaning of this law as it stands written.
This section contains two clauses or
rammatical sentences, By the first, it is
.nacted, in substance, that no bill inc0rpo-
ating any JOINT stock company unless it
20 for cemetery or an objs.t purely chari-
ablt) shall be considered by the General
Assembly, unless there be paid into the
reasury certain tax specified. This lam
suage is broad enough, and was intended to
cover both public and private bills, provi-
led they answered the description of
bill incorporating any joint stock compa-
N.Y. The purpose Of the mind that dicta-
ed or inspired the first sentence Of this
6lst section, is patent on the face of the
law, 1t was not the wish Of that mind to
make every senator pay for the privilege of
proposing any and every public measure.
That mind sought to restrain the represent
atives of the people only to this extent and
20 further, VIZ: . You shall not propose
my measure, either public or private.
which involves the necessity Of incorpora.
ing q joint stock company, without pay
ng certain tax before your bill shall be
,,nsldered." Il any senator in his seat
hould conceive, or any COMMITTEES in it,
ession should advise, the most important
,nblic measure, the law as 1t stands would
,tf.ctuallv bar consideration by the Senate,
/ upon the first reading Of the bill pro-
posed, i, should appear to the presiding
fficer that joint stock company was con-
emplated, unless the Senate or committee
proposing the bill shall first pay the tax.
The tax 10 be paid under the first clause
ia absolute and not refundable, according
10 the report of the committee Of this Sem
ire. II must be paid before the bill is read
!, second time. although the members of
he senate ia their own minds may have
ietermned that the bill shall not be readip
.second time.
rn. second clause OF this section Oh re-
ates exclusively to bills of private char
,rter "a Distinguished from bills Of pub
&c character. The distinction between
nublc and private acts is as old as parlia-