The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-01-17

We publish in this issue OF the VIRGIN
IAN the bill presented By Mr.. Barbour to
the Finance Comnltree Of the House Of
Delegates, in reference to the revenues OF
the State. After stating thai iifty cents
on the 500 OF real ane personal property
is as high rate ot taxation as the people
can pay, the bill goes on to classify the
appropriated. 1t assumes. lrst, that it is
imperative npsn the Legislative branch to
provide for the maintenance Of government
as essential to the existence of the life OF
the Stse. This duty will not be denied
ne aore than it will be denied that it comes
within the province Of the Legislature to
. say how much taxation the constituent
! body can or ought TO bear. It assigns TO
; this part OF the necessary expenses Of the
! government one-half OF the revenues de-
rived ironl the rate Of taxatien-that Is,
twenty-five cents in the sl0W. This is
a clear right and duty. 1t is the right
and duts OF the Legislature to say how
much taxation the people can bear. 1t is
no less right and duty of the Legislature
to sss how much OF the taxes shall be dedi-
Gated to sustain political existence and dis
charge the legitimate functions Of govern.
ment. NJ court can question or deny this
right and duty. 1t is duty paramount to
all Others, and lies at the base of social and
political organism. The decisions Of the
courts are numerous on this point. No we'll
informed lawyer is not familiar with them,
! and will not recognize the sanctity OF tie
, obligation thus imposed upon the legisla-
} tive branch Of the government.
The bill next sets apart ~ cents OH the
, 500 for the maintenance OF the Public
j.. 5clieels This is plain constitute onal in
function and the duty cannot be questioned
The object of the provision carries along
with ito it's legal viadcatiou.
The residae OF the 80 cehss on the ilv0 il
to be devoted to the general purposes Of gov
ernMent, including the interest on the pub
: lie debt.
The bill has been fr2Ned with 4 xrra
}. deal OF care, in anticipation Of an issue he
fore the courts, eha,lld it become Jaw, o1
which there is little doubt. The point n POI
;. which its defence will hiage. will be that o
+ pnblic policy, or the duty OF chc Le.isla
/. ture to avert anarchy and preserve the po
, li.ical c1istepee of the State question
= that was rot before the Court in the case q
Anten vs. Wright. but which was ably dis
:. cussed by Judge Staples in his dissentin.
n opinion in that case.
h We apprcaend no serious difficulty sseu
II the constitutioDality OF the bill, and that i
n aims higher than any assumed inyiolabl'
II contract heretofore enacted. Had the ques
!. ton involved in the bill OF Mr.. Barbour beef
# submitted to the Court at the time tn
n coupon feature Of the Funding Bill was,
a is the opinion Of able lawyers that the de
:, ciSion would have been different. The de
r. Gisious, cited by Hon. &. N. L. Hunter
:; pub1isb Cd in the TIRGrNJAy OF the 27t
. uIt., clearly show what the current ct dc
:. termination has been, and point to wha
>, they will be when the same question
bronyht under review for their action.
=, The Indications peint to some defiuite &C
). ton oa the psIt of tile Legislature in refer
- encs to the debt, ~hich will remove all &C
ar casion for repetition Of the r&untz whicl
~ have been thrswn ont against the maiorit
!. OF that body. or the readjustina element
Il BIS the self-assumed s'hener'" faction of tn
- State.