The Savannah morning news., 1904-07-09
CAN'T
USE LICENSES
CITY ATTORNEYS OPINION.
GRANTING OF FREE LICENSES
CLASS LEGISLATION.

Opinion Has Not Yet Been Finished
Hut 1t Will Be Given to Mayor and
Aldermen City Attorney Says
State Has no Right to Say That
One Set of People Need Not Pay to
Do Observation-Disclosures Lippman Re-
fused to Comply with New Ordi-
nance.
1t is unconstitutional to permit Con-
federate veterans to carry on business
without paying a state or city tax.
This sweeping opinion will be given
by Col. William Garrard, city attor-
ney, to Mayor Myers to-day. The
ground of the opinion is that such ex-
emption constitutes class legislation,
which is inhibited by the constitution.
A number of prominent attorneys
who have! been consulted have coin
cided with this view of the law and
they say the opinion is sound and that
it will be upheld by the highest courts.
No case of the kind has ever gone to
the State Supreme Court and hence
there is no precedent to follow.
Benefit of Old Soldiers.
Under an act of the Georgia Legis-
lature it is provided that INDECENT Con-
federate soldiers may go before an or
binary and on such a statement secure
a license to do any kind of business
not prohibited by the city laws.
1t is estimated there are in Savan-
nah over 200 such licenses held from
the state, and with which the city
cannot interfere by demanding a city
license, as condition. precedent to the
carrying on of any business.
While the law was, passed with the
best intention, its practical workings
have been found to be different from
that contemplated by the lawmakers.
Instead of the licenses being used
strictly for the benefit of the ex-Con-
federates, in very many cases the per-
nuits have been EARNED" out to en-
tirely different persons, it is said,
though the business is ostensibly car
ried on by the latter as agents of the
old soldiers.
Ticket ScalpinE Starts 1t.
One thing which was largely respon-
sible for the full investigation of the
matter by the city attorney was the
opening of ticket brokers' Office I'M
der a Confederate veterans license,
which thus exempted the broker from
the jurisdiction of the city, unless the
business of ticket scalping should be
outlawed. No tax, however high,
would have the least effect on the tick
ct scalper who took out the permit,
provided for an INDECENT Confederate
soldier. E.
Anticipating that there would be
some trouble in forcing the ticket
broker to comply with the recent city
ordinance, Col. Garrard went into the
matter thoroughly and determined
that the Legislature had no right to
say that INDECENT Confederate veterans
need not pay licenses for doing BUSH
ness.
No One Shall Be Exempt.
The tax law declares that no person
shall be exempt from paying licenses
or taxes, and when the Legislature
passed an act permitting the granting
of licenses to Confederate veterans If
was guilty of class legislation in the
opinion of the city attorney. and other
lawyers who were consulted.
1t is not known just what the out
come of Col. Garrard's opinion will be-
1t was stated yesterday morning that
Col. Garrard announced to Council at
it's session Wednesday afternoon, in
caucus, that he would render such an
opinion This means that no one can
DO business under a Confederate veter-
ans license if the Supreme Court holds
that the city attorney is correct.
Increase the Pensions.
In al interview published in the
Morning News yesterday Mayor My
ers stated he would favor increasing
the pensions paid veterans and abol-
ish the issuing of licenses. 1t is esti-
mated that there are in the neighbor-
hood of 200 places of business of all
sorts in Savannah being run under
these licenses and the city loses a
large sum of money annually as are
suit.
That the privilege accorded the in
digent veterans has been abused is
charged by the veterans themselves,
and at the last meeting of the Con-
federate Veterans Association the mat
ter was taken up and a committee
was appointed to wait upon the May
or, and to see if some steps could be
taken to stop the abuse of the privi-
lege.
The opinion of the city attorney will
come in the nature of a surprise None
of the CITY officials would discuss the
matter yesterday.