The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-08-24

The Tag.Tax and the Attorney.
General.

The following Is synopsis OF Attorney
General Blar's answer TO the bill against
j. NJ. Blanton, Commissioner Of Agricul-
ture. which was filed in the Chancery Court
OF the city OF Richmond by the Southern
Fertilizing Company of Virginia, James
w. Allison and L. B. Addison-under the
| firm and style OF Allison q Addison-and
A. s. Lee.
The bill in fact charges that the Commits
sioner OF Agriculture was transcending the
law in requiring the manufacturers OF fer
tilizers to pay five cents per tag for each tag
to be placed on bags OF guanO containing
300 pounds and less quantities, and they
obtained an injunction from Judge Barton
to restrain the execution OF the law, and
nave the Court to pronounce it uncOnsti-
tutional.
Acknowledgement Blair, in answer TO the
injunction, holds that the tax being equal
and uniform the Constitution does not pro-
| hibit IT, and the act of the General Assem-
bly, itself establishing 4 department OF ag-
ricuIture expressly authorizes the Commits
sioner OF Agriculture to adopt such rules
and regulations as may be necessary to
carry the act into effect, and that the duties
imposed on the Commissioner OF Agrcul-
ture are 20 extensive and important
that tax Of this character is
absolutely necessary to raise fund
| to defray the expenses OF his
office, and that the amount appropriated
out Of the State treasury is only $1,000, and
! the Commissioner salary, $1,000, and his
one clerk. 5000, consumes nearly one half
Of the annual appropriation, and that there
are over 300 brands OF fertilizers on the
Virginia market, and the mere analysis OF
! 81 al fnrel xNh
compensation would wholly exhaust the
$4,000. and the other important interests OF
hi, Office would remain wholly unprOvided
for. He relies confidently upon similar
law in the State OF Georgia, where the
Commissioner Of Agriculture promulgated
similar rules and regulations, and required
that each dealer should furnish 800 pounds
OF fertilizer as a soil test. which at the pre-
sent rates charged in Virginia would he
worth about $40; and that Governor smith,
Of Georgia. had recommended the passage
II such bill by the Georgia Legislature,
and that it did pass, and has since IRE
qucntly received the judicial sanction Of
the courts OF Georgia. He further recites
that the dealer receives ample compensa-
ton for the five cents paid for the tao
because the tag is in the nature Of GER
ture 10 the effect that the fertilizer attainS
that high standard OF purity necessary to
recuperate the worn soils OF Virginia, and
that the tag gives commercial credit and
character to the fertilizer; that it also pro-
tects the farmer himself from imposition
10y counterfeit and worthless compounds,
a. have been too long and frequently the
case In our STATE: thus making it a recipro-
cal benefit to the honest dealer by protect
ing him from worthless articles, and Sc
curing to the farmer protection from the
same.
Attorney-General Blair's arguments are
very elaborate, and five or six thousand
copies OF the same will be struck of fol
circulation in the country.
This answer 10 the bill Of injunction vii
be filed in the Chancert Court OF the city o
Richmond tomorrow, or a. soon thereaIte
as possible.
About 100 dealers in fertilizers have re
, gistcred in the Department OF Agriculture
. have bought tags and affixed them to thei
fertilizers, and complied with the terms
thc law.