The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-06-01
TO KILL LICENSE TAX
The Press Of Norfolk Fighting the One
that Was Recently Imposed.
A TEMPORARY INJUNCTION GRANTED

Judge Prentis Enjoiais City Collector
and Comnaissi oner OF the Revenue
from Collecting tho Tax on News.
pnpcrs-IsIil Alleges II Violation Of
Constitutional Privileges.
The press of Norfolk Is fighting the or
dlnanco recently passed by the City
Councils imposing a license tax OF slOO
per year OH morning papers, $50 per
year on afternoon papers, and $25 per
year on other sheets
Inc publishers drew first blood yestcr-
day when Judge Prentis, or the Circuit
Court sitting In chambers ut Suffolk,
granted IL temporary injunction re-
straining William l.. Baker, City ls,llcc-
tor ana w. w. Dey, Commissioners or
the Revenue, from taking any steps to
collect the amount due under the ordi-
nance until further order oil tho court
The Injunction takes effect immediately
upon the fling by the plantin's OF n
bond In the sum OF $500. which will OF
course be done Immediately
This action was The result Of the filing
by MIR. James U. Goodc. attorney for
the newspaper proprietors, Of bill Of
complaint, rs follows.
THE BILL OF COMPLAINT
In the Circuit Court Of the CITY of Nor
lolk, NJ. Glcnnan, owner Of The Nol-
folk Virsinan; the Landmark Pub
lishlng company, duly chartered cor
poration; the New Pilot Publishing
company. duly chartered corpora.
ton; and Edwards & Fvcash, owners
OF the Public Ledger,
VS.. s:a
The city Of Norfolk, a corporation duly
chartered under the laws OF the State
or Virginia; William j.. Baker, City
Collector of the city OF Norfolk; and
w. w. Dey, Commissioner OF the Rev
enue OF the city or Norfolk:
To the honorable r. II. Prentis Judge
OF the Circuit Court OF the city OF
Norfolk:
# Humbly complaining slloweth unto
your lionor your orators above named,
suing on behalf Of themselves and all
others similarly situated.
Your orators are at present and have
ior long time been engaged in the pub
l!cation of daily newspapers in the
city of Norfolk, Virginia.
Your orators are advised that the city
or Norfolk, through It's Councils, duly
elected did ''by Il certain ordinances
adopted by said Councils on April 2lst,
lSa', impose upon your orators ana
others engaged In the publication Of
evening newspapers in the said city a
license tax OF 500 and $50 for the privi-
lcSe of publishing their said newspapers
in said city.
a copy of said ordinance is filed here
with, marked Exhibit A." and prayed
to be read as part Of this bill
Your orators are advised that the said
city is about TO take steps TO collect
from your said orators the said license
tax Aas imposed by said ordinance
and that said ordinance imposes n pen
atty OF $50 per day upon your orators in
the event of their failure to pay the
License tax aforesaid Oh or before May
3ist, 1897
Your orators are still further advised
that under the provisions or said ordi-
nance your orators are required to post
and keep posted in q conspicuous place
the receipt for said license tax and that
in the event OF your orators falling TO
SO post and keep posted the receipt for
said tax as aforesaid they shall be sub
Jcct to fine of not less than $50 and
not more than S100 for each day or part
OF a day that said receipt is not posted
Your orat tors are informed, believe and
therefore charge that said ordinance is
in violation
stituion of the United States, in that
the freedom Of the press is thereby
abridged.
60 or the Bill of Rights and the Con
stitution OF Virginia, which provides,
"That the freedom Of the press Is one OF
the great bulwarks Of liberty, and can
never be restrained but by despotc
government"
(30 or the provision of uniformity and
equality OF taxation rs cnjoined in arti-
Gle TO- section OF the Constitution Of
Virginia.
(D Or section 1, article 10, Of The Com
sutution OF Virginia. which governs the
imposition Of license taxation in Vir-
ginia.
90 or section 1.042 Of the Code Of Vir-
ginu, which section prescribes the scope
and power OF the Councils Of cities and
towns in the State OF Virginia in tho i'm
position Of license taxation.
CO. And Is against public policy.
In tender consideration Of NIL the
premises, and for as much as your ora
tors are without remedy save in n court
Of equity. 1t prays thai he defendants,
the city Of Norfolk: William l.. Baker.
City Collector, and w. w. Dey, Commis-
sioner of the Revenue, be made parties
defendant to this bill, and answer the
same as If specifically interrogatcd as
to each and every part thereof, but an
sWers under oath are waived; that the
said court will decree that the said de-
PENDANTS, Or their agents, and all others,
be cnjoined and restrained from proceed
ing to enforce said ordinance as against
your orators, that proper process issue.
and all proper orders be made, aud
that all such other further and general
relief may be afforded your ora tors rs IN
the premises may be Just and right
And your atOrS will ever pray, etc.