The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-05-07
GOVERNMENT BY STATE TREAS
T1RER

| Although the act taxing North Carolina
| drummers $50 per annum, while outside
| drummers pay nothing, was one Of the
most outrageous acts Of the last general
Assembly, it is the law until passed upon
by the only constituted authorities. The
State Treasurer, it is true, has vetoed
the law, keeping up his usurpation Of
power vested in the Supreme Court. he
has a way Of annulling all the laws he
thinks will damn the Fusionists, no mat
ter whether he has the legal right to do
it or not If this thing keeps up, the
| Legislature will have to change the first
words in all bills. and let them read:
THE General Assembly of North Car
DINA do enact (the State Treasurer con-.
senting)."
The Ashevile Citizen. discussing the
reasoning of the State Treasurer, says:
I'VE remarked recently on the fact that
the courts having decided it illegal to tax
nonresident or foreign drummers, the
section in the revenue act imposing such
tax could apply only to drummers solicit
ing here for firms in this State. Since
then State Treasurer Worth has decided
the whole section imperative and void
1T is interesting to note the steps lead
ing to this conclusion. He recites the
fact that foreign drummers cannot be
taxed. and says:
So .as the section was intend
ed to apply to all drummers alike,
and cannot apply to foreign drum
mers, it should not and should not
tly npn1v fn resident IrnmmprS
1t is. also. evident that the Legisla-
ture intended to put this tax upon Il
class If their power fails as to
part Of the class, there is no reason to
believe it was intended to be in force
as to the rest. 1t is not rational to as
cribe to the Legislature a purpose to
impose a burden upon a portion or
that class resident within it's borders,
and exempt that portion of the same
class who are nonresident
Passing by Mr.. Worth's rather start |
ling supposition that the Legislature OF
last winter was rational, we note that |
his argument proceeds as if the impress |
sion was fixed in his mind that the de-
cisions of the courts declaring a tax on |
foreign drummers illegal were not avail |
able for the information of the Legisla- |
ture The decisions. however, ante-date
the meeting of the Legislature by sew
eral years, and we are bound to suppose |
that the members were acquainted with |
Them Is it not evident, then, that the |
Legislature deliberately undertook to put |
this unjust tax on home drummers, know
ing that it could not tax nonresident |
ones? If this is true, and we see no es-
cape from it. all of the State Treasurer's
argument falls to the ground. The Leg
islature in March adopted the section in |
the light of all the information that |
Treasurer Worh has now.
''In connection with Treasurer Worth's |
decision. this section is of interest
''Sec. %. That such person or cor
porations who are liable to pay the
license tax or taxes provided for in
schedules A, 3 and G. that relating
to drummers is in CT of this act, Tact
to raise revenuel, and shall fail to
pay the same as provided by law.
shall be guilty of misdemeanor, and
punished by fine not exceeding $500
and imprisonment not exceeding six
months
''If Treasurer Worth can suspend this |
section as to failure to pay the drum
mers' tax he can suspend it as to others. |
Section II Of the Machinery Act says: |
at shall be the duty of the State Treas |
urer to decide all questions presented to
him which may arise in the execution of |
this act" Does this give him power to |
declare any section imperative and void |
If so, the Treasurer has veto power not |
possessed by the Governor of the State, |
and which we had supposed was reserv-
ed to the courts