The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-18
THE LICENSE TAX.

| TOfn several counties OF the state
word comes that many people who hith-
erto have paid their county licenses
show a disposition to take advantage
of the decision rendered by the district
court in Silver Bow county which pro-
nounces the license law unconstitu-
tional.
This matter is not yet settled. Appeal
was taken from the decision of the dis
trict court and the question of the con-
stitutionality of the license law is be-
fore the supreme court whence, unques-
tionably without undue delay, final con-
illusions will come. Meanwhile, the re-
fusal of many people to pay their
license is bringing the county authori-
ties into close quarters. good per-
centage of the revenues is derived from
licenses, the usual income from that
source was very properly figured on,
and the lack of 1t will make trouble.
or course, If the supreme court af-
firms the Silver Bow decision, a special
session of the legislature can speedily
solve the problem by enacting a license
law that will stand the test of the
courts. Public opinion, however. is
strongly opposed to an extra session;
the hope is that a special meeting of
the legislature will be avoided. This
can be done If those who have been
paying licenses will recognize the facts
in the case and, disregarding the lame
ness of the law. pay in their county
licenses for the period when the law
may be imperative. They can do this
under protest and their action would
be public benefit. II this policy is not
pursued. ii will be for Governor Rick
ards to decide upon the course to be
pursued. Meanwhile, the proper au-
thorities outside of Silver Bow county
have full right to collect the Ii
censes, If they choose TO act without
reference to the case that is pending in
the supreme court - the collections
which are due in January can be en-
forced.
There is no speculation in this bust
ness for the license-paying public, ex-
cept for the irresponsible few who can
afford to run saloons during the brief
period that will elapse before the law is
declared right or made right by legis-
lative enactment II the conclusion
should be a special session of the leg
islature. that body's duty will be simply
to empower the county commissioners
to levy and collect the licenses; the
failure Of the legislature to do this in
the session of 1895 is the point in con-
troversy. This authority being vested
In the county commissioners, they
should levy a license tax for the bal
ance Of the year at a rate that will
bring the total receipts from licenses up
TO the figure which would have been
realized had there been no contro-
versy.
That is TO say, If licenses are collect
ed for only six months of the year. each
person assessed should pay as much
for the six months as he otherwise 4
would have paid for the year. That is /
the plan which the Standard will urge. 1
and We presume that IL will be put i'm I
force generally. That plan is fair to all +.
concerned; otherwise those who nav /
taxes on real estate and personal /
property will be called upon to con- !
tribute more than is just, simply BE- I
cause there happened TO be a kink i'm 4
the law. Of which newspapers took I
advantage Thus, we say the license .
paying part OF the community, EXCEPT .
mere birds Of passage i'm the saloon
business, are not warranted in figuring
on any ultimate profit to themselves
out Of the present conditions
In every view Of the case. pending the .
decision Of the supreme court. and even
II that tribunal decides that the law is
unconstitutional, the fortunate way out
would be for everybody 10 pay. Either