The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-04-02
THE LICENSE Law TO BE TESTED:


Pursuant to adjournment, another well at
tended meeting was held yesterday at the Bank
of Charleston hall :of the citizens affeetea oS
the provisions of the license law. The meeune
having been called to order, Major Barker
chairman of the committee appointed at tae
previous meeting, reported that alter Tue
meeting on Saturday the Hons. W. u. Pofter
and G. G. Memminger had waited upon Az
torney.General Chamberlain. To the lalter
thew had submitted paper proposing tnae III.
dlctments be given out In each OF the class oi
cases enumerated In the act, and conVietlons
for the penalty be taken In each Of these cases.
That thereupon appeals should be taken TO
the Supreme Court, and the question De
brought to hearing aud decision as 'soon as
possible. In the meantime they proposed
also that the general prosecutions under the
act be suspended until the decisions were
madein the test cases.
The Encouragement replied that he was
satisfied with the proposition about the test
cases. and would facilitate this by all the
means in his power, but said the generai pros
ecutions were in the power of the acting soil
citor of each circuit. he did not control the
prosecution in the counties, and preferred
leaving the matter to the solicitors. As to this
county it was doubtful who the solicitor
might be- If, however, he was acting solicl-
tor he would consent to this course Of action.
Yesterday morning the committee went to
see Solicitor seabrook, as solicitor of Judge
Lees Court. The solicitor anticipated their
Gb;ect by saying that he had seen the attorney
general, and would not consent without the
sanction Of the latter vr Of the Judge to defer
the prosecutions against any one. Every case
brought before him had to 60 into court and
be tested for Itself.
The committee afterwards waited on Judge
Lee and, after stating the case, asked II the
community would In any way be protected
from these prosecutions by his assistance. He
stated that he was unwilling to give any in
structions to the solicitor to defer the prose-
cutions but would facilitate the decision OF
the question In the court. The report was re-
ceived and, after some debate, the following
preamble and resolutions were adopted:
The recent act of the Legislature. "To pro-
vide for general license law" is unequal In
its operations, land discrlminates between
the citizens of the State, is contrary to re-
strlctlons placed by the State Constitution.
upon the legislative power In the matter OF
taxation, and is therefore, unconsi,t9to9ah on aha
constitution Of 1868, which says the General
Assembly is required ITO provide by law ior
uniform and equal rate of taxation" and TO
ssprescribe such regulations as Shall secure
lust valuation for taxation OF all property, real,
lrp
Section Sc, Article l. provides that .an pro-
perty subject 10 taxation shall be taxed IN pro-
portion to its value"
Section SO, Article II, prescribes that tall
taxes upon property, real and personal, snail
be laid upon the actual value OF the properly
taxed, as The same shall be ascerta,ned oy
assessment made for the purpose OF laying
such taxi
Section Q, Article 9, ordans that ''lhe Gene.
raj Assembly may provide annually for poll
tax not to exceed one dollar on each poll"
Section 4, Article 9, says "no tax shall oe
levied except In pursuance OF law Wolca hiah sdai
object such tax shall be applied"
The license law states no object for the tax;
it simply directs that 1t be paid Into the treas
ury. -.
the constitution was to limit tne power Oh sae
Legislature, and to draw the Whole revenue
OF The State from property and persons" and
strict limitation Is fixed.
ssThe clear result of these various provls-
ions is that the mode of levying tax shall be
valuations, 80 that every person snall pay a
tax In proportion tothe value Of hs properly,
and ,nt hs s.esS esS en soa 1as sh0ua
The general tax act passed by the recent
Legislature iB about two per cent, ana now
a ssicense ACT" is imposed, which ls only
another name for tax act; "eVery parry,
therefore, embraced within the scope OF the
act, must pay double tax. This Is unconsll.
.ntionaI. and is iu violation of the principle OF
uniformity which the constitution prescrloes,
and the Legislature Is bound 10 respect; II
discriminates between business employments,
and even between persons doing tne same
business In different counties. Under Tue
% 9uired to %pss.sander fhse ealse ofalicense fee,
second tax on capital, which others are not
required to pay.sThe phosphate companies as
are requEed topay g specific license Zee e. ss oi
$500, which com hEeRees
and mefehania, hotel keepeEesz apothecaries.
wholesale and tall dealers and .saiaried ON
GERS under. eofpDlatI IopR, 2 which Includes cler-
pymen. fioers;Rndi employ IN bank kH,. rail-
roads. and all other corporate tionss Town and city
ofic;als, Including the mayor and intendanf,
&C., !.sare required, to pay fees. when are
that S5nef' ef esaslV N01 runs through
Section 20, Article ] of the constitution pro.
yides that "No person shall be imprisoned tOr
debt, except in case OF fraud"
Section II of the license act provides "lnas
any perBon or perscus carrying on or con-
ducting any occupation or business named 10
this act, without having first complied win
its provisions, shall be deemed guilty OF
misdemeauor, and upon conviction tnereol
shall be sentenced to pay fine not less than
double the amount OF license imposed upon
such business or occupation, and be I'M
prlsoned in the jail of the county In Whlcn
such offence is committed for q period Cf not
less than six months, or either or botn, at the
discretion of the court.
It thus appears that In direct oppostion 10
Section 20. Article ! Of the constitution the
LEGISLATURE have passed. an act to lmprlson
for debt, and imposes penalties 10 this TAX
act different from, and In excess Qlt penalues
imposed BY other tax acts. litI, j. -.
1.-THE arrest OF citizen under sucn Jaw
.wonld be an exercise of arbitrary instead of
legal power, and it would-be difficult In the
history of tyrannRt0JAnda stronger effort at
oppression; 1t wotld De icontraryiTto every
principle oil justicesM i'..
Under these circSmBtances tbs the. duty OF
the citizens to appaaIlo the judiciary ,oI ,tne
State to protect them in their rights agalnst
the unconstitutional act OF the Legislature;
1T is the high function Of the Judiciary, 70
preserve the Constitution OF the. ate; Hanq
the courts of the country In numerous
instances have not heslcated to restrain the
Legislature withinthe sphere Of action in;ta,s