Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-01
TWO BILLS PASSED
AT the Recent Session Of the Lsgis-
lature Vetoed
BY GOVERNOR ATKINSON, YES
TERDAY-ONE WAS THE LABOR
ER,S LIEN LAW, AND THE 9TH
El THE BILL IMPOSING A TAX
ON EXPRESS COMPANIES-THE
REASONS GIVEN BY THE EXEC
TJTIVE FOR HIS ACTION.

II
UTIVE FOR HIS ACTION.
Special to the Register
Charleston. w. Va, February 2S.-
Gov. Atkinson to-day filed with the
Secretary of State vetoes of two bills
passed at the recent session OF the Leg
islature. The first was House bill No.
", amending sections and Of chapter
Is of the Code, and known as the labor
er's lien law. The Governor says the
intentions and purposes of the bill are
good, but it works injury to innocent
third parties. 1T is the settled policy
of the commercial world" says the
Governor, that personal property shall
pass unhampered by concealed liens,
and this is and has been the declared
policy of our State, as shown by our
legislation in its requirements as to the
recordation of liens, and stipulatlons
relative to the passing OF the titles OF
personal property. Had this bill prov1d-
ed that the article or articles produced
by labor been subject only to the liens
of mechanics, so long as it or they re-
main in the possession of the party
or parties who employed the labor, 1t
would have been proper law, and
therefore could not restrict trade
among business people. In view OF all
the facts. l cannot consent to the bill
becoming a law because it will neces-
sarily involve innocent, well-meanlng
people, and will, as result, necessar-
lily hamper legitimate business in the
State, and | accordingly veto it be-
cause it contains no provision for the
protection of innocent purchasers
The Governor also vetoed the bill i'm
posing tax on the business of express
companies. He says: The right OF the
State to tax express companies engaged
in business in this State, upon fair
and equitable basis in accordance with
the provisions of the constitution OF the
State, cannot be questioned; but the
question upon which | am called TO
pass is, whether this bin is equitable
in principle and whether it is in conflict
with the Constitution or the State, and
of the United States. 1t adopts as
basis Of taxation the gross receipts OF
such companies license fees of bur-
densome character, which does not ap-
ply to other foreign corporations of
like character doing business in this
State.
"Our constitution provides that, No
one species of property from which
tax may be collected shall be taxed
higher than any other species of prop
erty of equal value and it further pro-
vides that the Legislature shall have
power to tax by uniform and equal
laws all privileges and franchises OF
persons and corporations. 1t cannot
be questioned, therefore, that it was
the intention of the constitution by
this provision to require that all exac-
lions from all persons, corporate or
otherwise, engaged in similar business,
partaking of public character, should
alike be required to pay tribute and
bear the burdens of taxation upon an
equal and equitable basis. This bill
classifies express companies as COM
mon carriers. They are universally
recognized by the commercial world
and the courts as such, and stand ex-
actly as railroad companies, steamboat
companies and stage lines. as well as
delivery companies in cities and towns;
and any special eXactionS in any way
CT taxes licenses or tribute levied
upon any one of such companies or
carriers, and not upon all such SINH
larly situated, is directly repugnant to
the spirit of the above provisions OF
the constitution, and | cannot but be-
lieve that it is in direct violation of
the same. The fifth section of the bill
requires all express companies to pay
into the State treasury two cents upon
each package handled by it. The
profits derived from the express bust
ness are dependent upon the amount of
business conducted, and the managers
OF the business, like any other intelll-
gent people, engaged in modern bust
ness, attempt to fix their rates to en-
courage the augmentation of business
and to leave them a profit. If special
eXactions are imposed on them, they
are compelled to increase their rate of
charges to save themselves from loss.
The only result of this special eXac-
ton, it seems to me, will be to cause
the companies to increase their charges
and instead of being an eXaction from
the company, will be in the end a
tribute exacted from the citizen who
makes a shipment, and would be the
same as if the Legislature had singled
out and required this tax paid in the
first instance by the shipper, which
action, every one will admit. would
meet with universal condemnation"
A NITRDFR AT SCHOOL.