The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-21
TuE CIGARETTE ACT.
Il II n Valid Enactment ?-rhs Queer
.f % Course OF u Illi. .|

To The Editor Of The Iut.llioeaeer.
SlR:-Sonato bill No. 80, a bill impos.
Ing u license tax OH all retail doalcrs in
cigarettes and cigarette papcr, having
passed. tho Legislature Mt tho lato ses.
sion, will DO u law on May q.
II the writer Is not mistaken, 1t will
cause some litigation before i.s exact
moaning will DO uscortalnod. After tho
bill had passed tho senate it was 70.
fcrrod to tho judiciary committee OF tho
house, and on Fobruary9 (soe house
journal, pnge 20) l. +. Fleming report.
cd tho following amendment: "Striks
out all after tho onncting clause and in.
sort in lou thereof the following: That
sections !, ., 60 and 81 Of chapter 81 Of
tho code OF West Virginia DO amended
aud ro.enactod so US to read rs follows"
Then follows tho sections as amended
by the judiciary committee. Le. US
follow tho course OF this report until
theltlnal passage oil tho bill.
We find first, OIL page s. house Jour
nal, February 10. that the bill was
taken IN out OF regular order aud, tho
hour OF 1880 having arrived, the house
took n recess until y. III. whom, on
motion OF Mr.. Campbell, OF Ohio county,
the bill was made n special order for i
p. N. same day. Tho time set having
arrived, the motion to adopt the substi.
tuto was lost (See page 10 same date).
On motion OF Mr.. Harmon the vote by
which the house rejected tho com.
mittec's substitute was roconsiderad
Toe page IS journal. Feb. 10y. Mr.. Har.
NOR further moved to amend (sams
page) the substitute by inserting aftcr
the word dollars in line 3. section SO,
tho words "and for cigarettes or
cigarette paper two hundred and fifty
dollars"
Mr.. Mcdonald, OF Jefferson county,
moved to amend tho amendment by
striking out two hundred and fifty and
inserting in lieu thereof five hundred
dollars. which motion prevailed, leav-
ing this section, according TO tho
Journal, to road as follows:
&c. On every license to soil, at retail.
domestic wines. ales, beer, or drinks of
like nature, or to sell, Mt retail. cigarettes
or cigarette paper, one hundred dollars;
and for cigarettes or cigarette paper,
five hundred dollars"
This may not DO what these gentle.
men intended to do, yet according to
the record this is the exact language OF
this section rs amended.
Query. Can saloonkeeper sell under
this law cigarettes for one hundred
dollars license while n tobacco dealer
and NIL others are required to pay five
hundred dollars? Ii so. this would be
class legislation and therefore uncon.,i-
tutional. T7 .r. ~.
1t may DO said that the bill was
properly amended before its final pas-
sage. LIE; Us 500. We lind the mex,
action OF the house on February 20,
Journal, page II, on motion OF Mr..
Hariner the rules were suspended aud
senate bill No. 80. us substitute, was
taken up out OF its order, road third
time and passed, with bu, two negative
votes. Mr. Evans. OF Berkeley, and Mr..
Toler. Of kanawha. 4
Here follows the most glaring error
in tho course OF tho passage Of this bill.
On motion OF Mr. lInrmer the tito was
stricken out and tho following inserted
in lieu thereof:
~ bill amending section OF chapter
81 OF the code of West Virginia, and
adding an additional section thereto"
II this tito does not kill tho bill then
tho writer is willing to confess that he
docs not understand tho constitution of
the state.
Query second. How can bill in its
title declare that only one section OF
chapter in the code is amended when
the act distinctly amends four sections :?
On page eco OF tho Journal OF Febru.
ary %, VIC find in the report OF the COM
mlttee on enrolled bills: Senate bill
50, MI act to amend npd re.cnact sec.
tlons /. =. GO and 81 Of chapter 80 OF tho
code. Where and when was this change
made in tho title? Lot us see II the
change was made in the senate utter tho
bill passed the house. On page 1. SEN
ate journal, February 81, wo find sen
ato bill No. 50. las substi,utcd) bill
amending section OF chapter 50 Of tho
code OF West Virginia, and adding m
additional section thereto. on a third
reading coming up for consideration on
tho substitute offered by tho housc.
Tho bill was then read n third timo
and passed with its tito by majority
vote OF all tho mombcrs elected to tho
senate, Messrs. Davies, Gramm, Hens.
Icy, Hughes, Locknoy aud Whitaker
voting against the passage OF tho bill.
From tho above the title rs amended
in the house was not changed in tho
senate. We find on page 81, OF tho son.
alto journal, February %, that tho com.
mittoe on enrolled bill, reported the
passngo OF senate bill No. 80. M act to
amend and re.enact SECTIONS l, ., CO and
81 OF chapter 30 OF tho code. Again we
ask. whore did this change in the title
take place? Certainly not in either
house OF tho Legislature; and il no such
change was made BY tho scna,e Or
house can tho committee on enrolled
bills make change tina, will DO valid
in law?
| do not for ono moment charge
that any wrong doing il chargoablo to
tho committee. only know that
tho title to tho bill as passed by both
houses Is not tho aa,no NJ reported by
wv CoIliHlittco oH oHTpllcu DIS, ana
therefore tho law, in my judgment, is
void. ~
Suppose it should appear that thoro
ia m error somewhere with reference
to tho title, tho fact still romans that
the net discriminatos IN favor Of saloon.
Keepers, and Is therefore uncons,itu.
tional. GEORGE L. EVANS.
MuinEburg, u. Va, March 1G, 1894.