The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-12-09
THE NEWSPAPERS WIN
Judge PrentIs Decides That the City Has
No Right to Tax Them.
DECISION FAR.REACHING IN EFFECT
without Dcciding Tho constitutional
Plea. the Court Holds That ihe CI.
~ Cannot INK what tho state Eek.
cmpta-This View Affects Many
businesses Now Taxed.


The noted cases of the daily press Of
Norfolk in the matter of an injunction
restraining the city from the collection
of a license tax, levied by the last muni-
cipai budget, in addition to the tax on
capital invested and personal property,
have been decided. Judge Robert r.
Prcrtis. of the City Circuit Court, hand
ed down his opinion yesterday. 1t
pcrpc.uateS the injunction and declares
the tax invalid on the ground that the
city has no right TO assess any license
tax which Is not levied by the Com
| nonwcalth. This vicw of the case
causes the decision 10 he most far reach
| ing in its results. 1t affects the license
| tax levied by the city on railroad and
sleeping car companies, steamship lines
| and number of occupations which are
not on the State tax list. among which
are mercantile agencies, architects
Veterinary surgeons, chiropodiSts, civil
| engineers. surveyors, bill p5stcrs, deal
ers In cattle. sheep, hogs, horses and
| mules not sold at auction, cotton BUYERS.
Seamen's shipping offices, plumbers and
gas htters, Telegraph and telephone
companies. soda ountains. cut rate
/ ticket offices, steam laundres hand
laundries. steam ferries, gas and electric
| llght companies, marble yard concerns,
roiiinS mills. foundries or furnaces,
aerated water concerns, branch railway
ana steamboat ticket Offices
Able EFFORTS OF COUNSEL.
| The Judge in his decision pays n trib-
| utc to tho able young counsel by whom
Ghe case was argued. Mcssrs.. James u.
| Sooue and Tnzewcll Taylor, ably and
! iucidiy presented the claims OF The
| press, and City Attorney Walter III
Taylor defended the city's case in n
manner which reflected great credit
upon his legal ability. He will appcaI
tne case TO the Supreme Ojurt because
" Hile ial, reaching results of the dccis-
~ ahSl MS shattering effect upon the
| shy revenue. He expressed himself
yesterday as confident of the outcome
ne does not think the Supreme Court
| VIII sustain Judge Prcntis.
Messrs Goodc ana Taylor arc ouu,,,,.
sure that the Circuit Court will he sue.
.alhed. They express qualification NJ
| phe result and say that although thoro
WIS uiverstty ofbpinion among members
81 ne Norfolk bar regarding the case
Ivy hhVe Deen confident from the first
VI the outcome. The following &c Jud.-a
| frehtis opinion in full:
TENN OF TILE DECISION
circuit Court OF the City of Norro,,r u
vacation, on the Sth day of Dcco,nhor
| 1897: " 1oeceinoer,
Inc Norfolk Landmark Publisbins-
company, The New Pilot Publish
ms Company, and NJ Glcnnan
owner of The Norfolk vlrginian'
VS..
The City of Norfolk, &c.
and
edwards & Tiveash. owners of The
Public Ledger,
The same
These cases involve the Same ouos.
lions and were argued together.
| me cry of Norfolk, by It's general
.aN ordinance, adopted April II. 1897
undertook to impose ION every person
urn or corporation engaged in the NH,
iication nf newspaper for six or more
DAYS in each week, if Il morning Manor
Sioo' Hna II an evening paper, $40, ana
Pnpiiihed for less time Than six
days IN each week, $25 in addition In
| vested" '''-
The compla inants have herc,ororo ~,
tanned preliminary injunctions restrain
ihs me collection of these taxes. alInr-
| ing that the city of Norfolk has no au-
| eloFity under its charter to imrnso N.
same mat the ordinance ia invalid hn
cause OF the constitutional p-ovisiaus
state and Federal, which guarantee the
freedom OF the p:css, ana for Other
| reasons.
l. we must firs: then refer to thp
! ch2Eter of the city TO inquire as 10 lis
authority in the premises, Section A.
OF the charter is relied upon "a suatoin
lhe validity Of the tax. II is in ,hesa
words: For the execution OF their
Pe"Ws ana duties the city councils
ghall raise. annually, by taxes and
assessments. in said city. such sums or
money as they shall deem necessary TO
deifay the expenses Of the same, and in
| such manner as they shall deem cype-
u'eh'' III accordance with the conaitu-
t!or ana laws OF this State ana Of The
United States; provided. however. that
thcy shall impose no tax upon tho bonds
Of said city"
by that section It is expressly provid.
| ed that the taxes levied by tho civ
small be lin accordance with The !.
laws OF this State" etc.
| IN the chapter Of the C01c unda- Tho
utie, Cities and Towns" section 1919
VIII be found this language:
THE LAW AS TO LICENSES
| "Licenses.-In addition TO tho s,,.o
tax on any license, the council of n civ
OF town, may, when anything for n II.
cehse Is so required, is to be done within
the city or Gown. impose a. tax for the
Pr!elese OF DONG the same and require
q license 70 be obtained therefor; ana
IN any case in which they SOC fl, racu;rn
from the person licensed bond wiz .n,rn-
ties. IN such penalty. ana With nm
| cbttiWlON q Il