Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1884-04-11

to be done by such agents or employees
except where such cars, trains or locomo
tives are used for the following purposes
viz: For the relief of wrecked trains OF
trains so disabled as to obstruct the main
track of the railroad; for the transporta.
ton of the United States mail, With or
without passengers and their baggage; for
the TRANSPORTATION of passengers and thelI
baggage: for the transportation OF live
stock: and for the transportation of artl-
Giles so perishable that their safety would
necessarily be endangered by the delay OF
one day liz their passage: provided, how
ever, that should a railroad company have
to transport live stock or perishable artl-
cles on Sunday to an extent not sufficient
to make whole train load, il shall be
lawful for the railroad company to make
up the train load with cars loaded with
ordinary freight"
@ The word Sunday in this act shall be
construed to embrace only that portion of
the day between sunrise and sunset; and
trains in transit having started prior to
| II O'Clock on Saturday night may, in Or
der to reach the terminus or shops Of the
railroad, run until 9 O'Clock the following
Sunday morning. but not later.
8. Any railroad company violating the
provisions OF this act shall be guilty OF
misdemeanor in each county or corpora
ton in which such car, train of cars or
| locomotive shall run, or in which such car
=, or train of cars shall be loaded or unload
ed; and upon conviction shall be fined not
less than fifty nor more than one hundred
dollars fer each offence.
4. This act shall be construed to en-
| brace any receiver or trustee OF railroad
controlling or operating the same under
order of court, who. for violating the pro.
visions of this act, shall be liable to the
same penalties which are hereby imposed
upon railroad company.
S. This act shall be in force from It's
| passage.
AUDITOR MARYE ON THE LICENSE TAX.
The following letter from Col. Marye'
State Auditor of Public Accounts, will be
found of interest to all who are required
to take out license to carry on business:
| COMMONWEALTH OF VIReINIA.
OFFICE AUDITOR OF PUB. ACCOUNTS, (
RICHMOND, March 3lst, 1884. J
Major George Dufeq. Commissioner OF the
| Reuenue, Alexandria:
| DEAR SIR-The mode prescribed by the
act approved February 25, 1884 for apply,
| ing for license is to be used IN regard to
all licenses except liquor licenses granted
under Chapter of the new license law. 1t
was the intention of the legislature to
have the same mode followed in granting
all licenses, ard 1t was by mistake that
the law in regard to liquor licenses is diff
ferent from that in regard to other IL
censes and the mistake arose ia this way,
viz: The license law was carefully pre-
pared by Mr. Fitzpatrick with view to
prevent the payment of coupons for Ii
censes. Mr.. Fitzpatrick held that the
money paid for licenses was not tdI.
| That the State did not levy a tax for Ii
ceEses, that the State simply said to those
desiring to pursue these lines of business
requiring license, gentlemen, you have
no right to pursue that business without
my permission. 7 do not tax you-you
need not take out license unless you de.
sire to do so-but if you desire license
you must do as / require you. and re-
quire you to pay in lawful money. There
is no tax assessed against you. will not
levy on your property. [ have nothing IN
the shape OF tag, or claim. or demand
upon you. You ask for priUiteqe and L
| choose to annex such conditions as suit
me. If you take out this license it is a
vOluntGry act; no one requires you to take
it out and to pay the price. [ simply re-
fuse to grant the license unless you do as
/ require.
In order to carry out the idea that the
payment of the license was voluntary act
more fully than it was developed by the
old mode of first getting the commission
| er to fix the amount before it was paid to
the Treasurer. the act of February %,
| 1884, (which | have had bound with the
new license law provided that the party
desiring license should deposit the mon
ey for the license with the Treasurer be-
fore he even applied to the commissioner
of the revenue. Now, under this act,
when he goes to the treasurer and depos-
| it's this money he does so voiuntarily-nO
one asks him to make the deposit-the
| treasurer has nothing to do with granting
| licenses. The man can't say to the treas
urer desire to pay you coupons for
| license tax; If he does, the treasurer says
[ have no tax bill against you, l want
none Of your coupons; am not required by
law to receive coupons from you. IT you
choose to make deposit of money with
me in order to apply to the commiss ioner
of the revenue. will receive 1t and give
it back to you if the commissioner refuses
| to give you the license. This is the mean
| ing of this provision in regard to the mode
of applying for license. When this act
was proposed it was intended to apply to
| all licenses, and the act of Fitzpatrick
was amended accordingly. But as the
liquor law had been heretofore separate
law. SO now it happened to be treated of
at different time, and having been pre-
pared already they overlooked the matter
of correcting it so as to conform to the
new mode of applying for the license.
should think the court could grant
liquor licenses at the April term. as the
| licenses take effect May 1st. but this is a
| legal point the court will have to deter
+. mine.
Yours truly,
MORTON MARYE.
a sample merchant who desires to sell
liquor must pay the same amount that is
required to be paid by wholesale liquor
merchants $3.50. If sample merchant
| has heretofore obtained license TIC sell
| LIQUOR he can take out permits for every