The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-07-13
DANVILLE.

.o,, ,Nn IVDGg WHfTTLE as TO THE
1hh ~ eif1.-A STORM-PERsoNALS, &C.
GU ,,.s.,cs Of :he Richmond Dipaich.l
t,@''f July ~, 1881.
,.,,e ,be Dispatch some days ago that
VIZ, tnhacco.deale bad complained
song ~ ,ov levied by the Council OF fifteen
l's. ~, eyery thousand pounds OF tobacco
4 cen I,,.sd nv them was unlawful and OPP
lu''u,.-c and that thew had obtained from
-. Wbitrle an Injunction against the
Jy' '-',ioo ~ the tax. learn to'uay
1o'' Inc clse has been argued before
"" o., War,ipsyille by Captain Bergman
D.p ~ ~ the dealers and Mr.. ii. L. Banks.
UI' a. tho Council. and that be mad refused
u', 1.-Two the induction. The language or
~ 5@cree. | believe, is that the demurrer
D' 80 Nm n Injunction must be overrued,
and the INJUNCTION be perpeluaIeu. me
r..e has excited great interest here' ana
NAV be OF general interest. / gather these
~ he poini. Of Judge Whites opinion:
4 court OF equity can eD!oih the col
Lotion Of On Illegal tax leyled by munici-
,eI corporation, and any number OF Tx
+I,yers having q common cause ana interest
c,, ioin in a bin for that purpose
The law which declares tpages 69 ana
IN ~ Ac,s q 1870 that no tax bill SHALL
o. n,.sed nm after ten days from the intro.
dre. ion Of il j. mandatory, and that law APP
vie. 10 that clause OF the city tax bill which
,be subject OF complaint, and that tax i
,bsreiore illegal. The cOmplsinants, IN
o,ioo bflore The Council and seeking TO
f.ys The aid clause modified or repealed,
I,d moi waived their right to seek relief
i,om the Court, nor had the Council legal
i1,J n, action in imposing the tax by refu-
inc At called meeting TO grant the COM
rlunqpis relief from the said tax.
q That a municipal corporation has no
r,yer 10 exempt from taxation any legitl-
nate subject OF taxation, and thereby in
e-s,.e tbe amount Of the tax imposed on
S,ber Subjects. unless it has been empOw-
traj 81 to do by the Constitution or the Le-
g,.l,turp. and that no power has been
Granted the Council OF DanYille to exempt
mo canjtal Of building and loan associations,
\. has been tempted in one clause OF the
c.ly tax bill.
II The tax complained OF be license
fax. then IT is Illegal in thiS-that it does
mol, operate equally and uniformly upon
that class OF ciizens as TO whom 1t was in
tended to be made applicable, since the bur-
den, Of some under its operation are much
heavier than those OF others OF the same
Glass.
). The section referred to Is also illegal
in 80 lar as it imposes tax OF l per cent.
On the capital OF the tObaccO-buyers and an
additional tax on goods purchased with the
same capital by the same parties. That Is
duplicate taxation. and that is illegal.
An interesting feature OF the case now is
tbJt The Council between the date OF the IN
Junction and that Of this decree reenacted
With due observance as TO the time OF intro
duciiOn and enactment the very bill against
which The injunction had been granted. |
have some authority for saying that case
will be made up and the matter carried be-
fore the Supreme Court OF Appeals.
There was a heavy fall of rain here and
on al this region yesterday evening, and
with il sOrm Of wind and electricity. The
iscOry Of Mr.. j. f. Oyler covered with
iil) wa, unrooied, and that Of MesSrs.
Ferrell Il Flynn was partially uncovered.
The ram, however, was most gratefully re-
eeved.
Rev. DR.. Hatcher is here, and is going mp
10 Tie Blue Ridge Association, at Patrick
Courthouse. Rev. j. NJ. Pitcher is expected
here tonight, and will follow on after DR..
Hatcher.
The house Of Captain w. r. Clark, large
frame building, j, now being moved " bOdi-
B from Main street TO Ridge street-an
interesting process TO Us up-cOuntTy beo-
pie. ALPHA.