Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-06-21
The Game Laws.

and vigorous reply, Jne "rlCei "060
the privilege of entering this, his re-
plication.
Art. 10 of the amendments to the
constitution Control by State OF lts
"police affairs" and the right OF citi
zens to the enjoyment Of superior
immunities on the ground that they
pay the taxes, are, believe, all the
grounds advanced against my con-
tention.
The language of Art. 10 OF the
amendments, reads: The powers not
delegated to the United States by
the Constitution nor prohibited by
it &C."
The writer admits, that so far as
he knows, the power to tax non>resl-
dents was never delegated" by a
State to the United States. But he
does contend that that power
was and is, prohibited" to the
States by the special clause which
the writer quoted in his frat article,
to wit: The citizens of each State
shall be entitled to all the privileges
and immunities OF the citizens OF the
several States.
So, according to the Constitutions
State has no more authority to tax
nonresident than it has to coin
money or to declare war against
foreign country. Since the adoption
Of the Federal Constitution there
has always been conflict against
the prerogatives of the Federal Gov
eminent waged by some of the States
and especially by Virginia. Nor has
she always come out of the battle
with profit or glory. She has assumed
mowers heretofore that she had to
surrender namely, the power 10
search merchant vessels on her
waters; the power to invade Unlteu
States post offices and seize and de-
stroy private mail matter; the power
IN mt q differential tax on non resi-
dent drummers etc. But her present
LEGISLATORS do not seem to profit by
the folly of her past lawmakers, and
every time she can stretch that ar
ticle 10 of the Amendments to get a
a whack at a citizen of another State
she does it.
And what a convenience this res
ervation section" isl The right OF
secession was based upon it and 1t
NAV be seen at a glance that a
thousand and one opportunities are
afforded under it, to trump up some
excuse to tread the ragged edge OF
demarcation that lies between the
domains of State and Federal author
ity.
For instance, Virginia has a genial
climate. Her air is salubrious, her
skies are blue. 1'he writer, born on
her soil loves her with love past
understanding. The right OF eminent
domain which she acquired in COM
mon with her sister colonies when
England acknowledged and granted
her independence has never been
, "delegated;" and by that same token
she according to the argument OF the
Enterprise can, if she likes forbid me
ever to set my feet on her beloved
shores again. This is not sentiment
but the logical conclusion one must
arrive at when one follows out the
line of argument used by the Other
/ side.
And then the right of police con-
troll. OF that l ask, what restric'
tions are there in police regulations
that should subject non-residents,a al
= things else being equal, to greater
b. burdens and Inconvenience than &c
the resident? Is the Editor OF the
o Enterprise" put under any more
; restraint when visiting New York
than the writer who lives there!
think not. And lastly: Taxes are
i are levied for the support OF TIT
9 government, which is the protector
and guardian OF the citizen.
a But the State Legislators ought u
a consider that it is their duty to maxi
laws to protect also the non-reslden
soiourner. Not to do this is crlml
nal; while to make laws to put tn
nonresident visitor to disadvant
age smack of the usages OF barbarlsm
k By parity of reasoning let us assum
r, that every flag stone in New York
is taxed. This has cost its citizens vas
l. sums of money that they might hav
q comfortable highway. What woul
Won think of us were we to say t
YOU when you came to see us: TIL
sidewalk was built and is kept in OF
j. der by us. If you wish to enjoy
ID walk on it, give us ten dollars.
?, A Jerseyman of Cape May sold
g thousand terrapins to Philadelphia
"a market man, drawing fifty per cent
s. on his sale before delivery OF tn
e goods. The contract specified tina
L. the market man should take thel
a large and small as they ran. Whe
A. the time for delivery came the Phi
l. adelphian went down to Cape Ma
al for his purchase. Seeing no terra
pins he inquired Of the Jerseyma
where they were. The latter replied
"In the marsh, you agreed to tax
~ them as they ran. GO catch'em."
So the State of Virginia sells to tn
L. nonresident what does not belong
III her and says, $50 catch 'em'. Will
Vi out the least malice or intention
oe offend, but as simply contending Il
the right, most respectfully RENAL
0O Truly yours,
Is n. j. W. LeCato,
ISL 57O Madison Ave. n. Y.