The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-12-13

This law as it stands written.
This section contains two clauses or gram.
n,atlca! sentences. By the first IT is enacted,
in substance, that no bill incorporating any
Joint stock company (unicss it be for q GENE
terry or an object purely charitable) shall DC
considered by the General Assembly unless
there he paid into the treasury certain t,A
specified. This language is broad enough,
and wa. intended to cover both pubic ana
private bills. provided they answered the ue.
scription OF a "bill incorporating any JOINT
stock company" The purpose OF the mlna
that dictated or inspired the first sentence OF
this siyty-first section is patent upon the lace
of the law. 1t was not the wish OF lnat
mind to make every senator pay LOT tne
privilege OF proposing any and every pun,ic
measure. That mind sought to restrain tue
representatives Of the people only 10 TINS
extent and no further-yiZ., on snail
not propose any measure, eilher puDic Vi
private, which involves the necessary OF III
cooperating q Joint stock company, Wlthout
having certain tax, before|your Dill siiai'
he even considered" If any senator IN MS
seat should conceive, or any committee I'D It's
session should advise, the most impornnt
public measure, the law rs 1t STANDS "ouid
effect,laliy bar consideration by the Senate,
il upon the first reading Of the bill proposed
it should appear to the presiding ofncer that
a Joint stock company was contemplated,
unless the senator or committee proposing
the bill shall first pay the tax.
The tax to be paid under the tlrst clause
is absolute and not refundable, according TO
the report of the committee Of this Senate.
1t must be paid before the bill IS read
second time, although the members OF the
Senate in their own minds may have deter
mined that the bill shall not be read 4 second
time.
The second clause of this section 81 relates
exclusively to bills Of private character as
distinguished from bills of public charac-
ter. The distinction between public and prl-
vate acts is as old as Parliamentary history !;
therefore it is not necessary or pertinent III
this connection to attempt an exhaustive uc-
tinition, or to establish rules whereby III all
cases bills may be always classified is public
or private. For the present purpose OF inc
Senate it is enough to say That ito Dali pro-
posed by senator which cOn!cmplntes the
exercise of the right of eminent doim!n--lhr
sovereign power Of the Commonwealth to
take private property for public uscs-cai be
deemed san act of Il private character
The decision from which / have appealed
was made upona bill introduced by the Scna.
tor from Richmond, with the details OF
which | am not familiar. But the bill to
amend the charter of the Petersburg Itii'-
road Company, which / introduced last
Tuesday, 10th instant, and which proposes
TO amend one of the oldest railroad charters
in the State, reaches further and involves
more public interest, and the exercise OIL
more public powers, than any bill that mas
been before the General Assembly since the
bills which consolidated respectively the
two great railroad lines which traverse the
State from east to west.
/ therefore insist that the bill which ln-
troduced, as before stated, and which would
be affected by the decision OF the Chair upon
the bill offered by the senator from Rich
mond, does not come within the scope OF
the second clause Of the siXly-lirst section of
the tax BILL
And here, Mr. President, take occasion
to inform the Senate that this morning | at
tended the meeting of the Committee on
Roads and Internal Navigation, and in the
interest of my constituents, requested them
to consider, in order to report upon the bill
offered by me. Although that bill was on
Tuesday last introduced by me and read the
first time and ordered TO its second reading,
and referred by the Senate, AZ its Journal
shows, to the Committee Oh Roads and In
ternal Navigation, that committee this morn
ing, in their meeting, officially Informed ME
that they would not consider the bill unless
the tax was first paid into the treasury.
Although ] insist that the bill which Of
fered does not come within the scope of the
second clause of the 61st section OF the
tax bill, because it is a public and not prl-
Yate bill, still, to make my analysis of the law
complete and exhaustive, proceed to con-
slider that second clause. 1t is lis follows:
son every hill hereafter proposed 10 the General
Assembly, which shall bc of private character as
distinguished from acts of public character, and
moi FIR the Incorporation Of II company, or the
amendment Of charter. and hot for cemetery or
an object purely charitable, before the same snail be
considered ny the General Assembly there shall be
mid into the treasury. for the OF the Common
wealth. such sums us shall be decided by the COM
mttee to whom 1t Is referred to he charSeab IL url
der this act. aud the amount then PAID shall be re-
funded II the act applied for is not pissed"
If the bill proposed be Of 4 private CHAR
acter, a refundabIe tax, to be fixed as to
amount by the committee to whom the bill
NAV be referred, must be paid, unless
First.-The bill is for the incorporation OF
q Joint stock company.
Spcond.-The bill is for the amendment of
charter.
Third.-The bill is for cemetery Or an
object purely charitable.
The purpose of the mind that dictated or
inspired this second clause is apparent upon
its face. Bills Incorporating joint stock
companies are excepted from the discretion.
ary and refrndable tax because they had
been completely covered and provided for by
the absolute and irrefundable tax imposed
- fh<,o
A bill to amend an old charter was eX-
cepted because it was supposed that many
Joint stock companies, both public and pri-
vate, heretofore incorporated by the General
Assembly might find it desirable to ask for
amendments.
Charities were excepted from taxation for
obvious reasons.
Therefore insist that the bills proposed
bv myself last Tuesday and by the Senator
from Richmond to-day, proposing simply the
amendment Of charters of long standing, and
which can be amended only by the General
Assembly, are by the terms OF the law under
consideration expressly excepted from taxa
ton.
A call was made for the ayes and noes on
the appeal.
Mr.. JOHNSON Of Accomac moved to lay The
appeal on the table until the unfinished bust
ness of yesterday should be disposed Of, as
that was pertinent to the subject, but after
wards withdrew the motion.
Mr.. COCHRAN said that he had been applied
to this morning by one of the officers OF the
company to press the bill Of Senator WYNSE
should he be absent, as any delay affected ex.
tensiye negotiations of the bank very seri-
ously, and under the ruling of the Chair the
Senate excludes all such bills, He hoped
that the Senate would pass upon the subject
at once.
Mr.. ROLLER desired further information
4