The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-29
TAX law FAT Il ]
IN JUDGES HANDS.
#(continued from First Page.>
lions were in themselves provided for.
ttonrh he. word appropriation" was not

lions were in themselves provided for.
though the: word 'ap propria tion"w not
used.
ErGIIRE HEADS AND DOLDRUMS.
..yvould these mere legislative figure
heads and doldrums provide books for
themselves and pay the cost the print
ing and other necessities asked Sena-s
tor Daniel. An appropriation may pc
implied as well as expressed.
The cases regarding appropria tons cited
nv the commonwealth, Senator Daniel
stated. when rightly read and care
fully considered, sustained the petitioners
contention and not the sCommonWealth s.
:It has been the misfortune of the
courts Of this country declared Senator
Daniel, that they differ with the learn
ed Attorney-General Of Virginia Cpon
the cases IN appropriSaa! tons We are 'scn
in authority.
Senate Daniel then cited case after
case in which practically the same ex-s
nressions as found in the contested act
were used and in every case the courts
have held that the bill in itself provided
for an appropriation and evidence sutti-s
Gent to compel the Auditor to draw var
rants on the State for payment. out OF the
state funds of such salaries and expenses
as were provided for in the act. lie also
;nsreuuiring the refunding of excess COM
missions to the treasury must necessari-
w mean that an appropriation had been.
provided for. How" asked Senator Dan
lei, were they TO refund something tnat
thev AID not get. or that no provision was
made for them to get? If the coterle OF
our public are not careful they VIII
find themselves, after completing their
labors, with a mortgage upon them. Ihey
1o1r na6 fl
work without pay. and without tools. Inc
State IS made to appropriate nothing.
IT is WRONG.
This act is confessedly wrong by the
declaration of two-thirds of those whose
onsnr,ne # is claimed to be. The act
Of 1850 gave the Commissioner OF Valua-
ton mower, an authority and func-
ton. The Constitution of 1869 places that
officer as close to the people as II IS
possible for a Constitution to do It MADE
him elective by people whom he was
to serve.
'.We cannot, dare not. treat our Const-
tuition Rudyard Kipling fashion-as a rag
a bone, and a hank of hair. Neither can
ST be- made the prey of a relic
hunter to be torn to pieces:
Who dares to say that the provisions OF
this act will not countenance imperialism
and violate the fundamental principles ca
A. democratic form of government. Whlcn
declares that all power is derived from the
Deople. These commissioners are not to
serve as our city and county onlcers.
The appointment of these commissioners
will prove a wanton abuse of power IN
this very court, in the case of Foster, 1t
has been held that no. legislative act can
abolish a constitutional Office
APPROPRIATIONS THERE.
1.-THE very things provided for in this
act. as regards appropriations, our learn
ed friends say are made to depend on
thing which is not there, and the whole
thing. therefore, is unconstitutional and
must fall. Unless this be an approprta-
ton, then there is no provision to bring
the taxpayer and tax-collector together
An appropriation is as vital to this act
as is the heartbeat to the circulation OF
the blood. Can the courts take these
splintered fragments and patch up in their
| minds eye what the Legislature would
have done, if no advertising was to be
| done, no books and printing provided for,
no salaries to be paid? If this appropria-
ton clause is to be stricken out this bill
would be picked up on the streets as
vagabond, with no visible means OF sup
port This act is repudiated both by
| courts and Legislature. The claim OF re-
| siduary clause set up by the Common
| wealth, cannot see The very first arti.
| Gle of the bill provides for an appropria-
| tion.'
II know that this court, which has so
| jealousy guarded it's own constitutional
rights and prerogatives, will exercise that
| same Jealous care over the rights and
purses of the citizens Of this Common
wealth.