The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-03-01
ATTACKS STATES
RIGHT TO TAX
FOREIGN AUTOS
Briefs Submitted in Case to Test
.ConstitutionaIity of New
Jersey Law.
JOHN W. GRIGGS ARGUES
AGAINST REGULATIONS
Assistant Attorney General Com
tends for the Police Power
of New Jersey.
Especial to the Evening star.l

TRENTON. March 1.-Briefs in the
litigation instituted by Frank j. Kane
to test the constitutionality of the New
Jersey automobile law have been sub
mitted to h Supreme Court by former
United States Attorney General John
w. Griggs and John Harding for Kane
n Assistant Attorney General Nelson
b. Gaskill for the State. In this suit
the costs are to be paid by the Auto
mobile Club Of America, which is pack
of, Kane.
The defendant was fined by a Pater-
son recorder for having operated an
automobile in that city without regis
tration and without the usual drivers
license. In order to test the law an
automobile was started from New York,
and 6riven to the Delaware Water Gap,
thus bringing he arrest of the driver
under the interstate commerce laws.
In his brief Mr.. Griggs says:
IF the license fee were intended to
be limited to the reasonable expense
of Issuing the license and regulating
the car there would be no necessity to
charge, or any reason for charging, a
larger fee for tho car of great horse
power than for n having less power.
The cost of issuing he license and Of
regulation is no greater for a large
machine han for a small one.
1T cannot be successfully commended
that this tax upo vehicles of this kind
is justified by reason Of any special
damage which automobiles cause to
highways which this class of property
should be made to compensate by IL
> cense upon revenue basis. It was de-
clared by this u that a license fee
could not be charged for the use Of the
public streets. That would be a road
tax imposed in q manner not prescribed
by law.
THE right of a citizen of another
State to enter the territory of New
Jersey and to travel upon the public
highways is not a privilege which can
be either granted or withheld by
N2w Jersey. The right exists irrespec-
tive Of the will of the Legislature of
this State. 1t Is founded ON that guar
antee Of free intercourse between the
States which was one of theNgreat pur-
poses Of the founders of the Union to
secu~c by the commerce CLAUSE of the
Constitution Of the United States"
Eao cOuLaIlOe0 tnaL IL the court Is OF
the opinion that license fees upon auto
mobiles are valid as revenue measures
as against residents Of New Jersey, they
are. invalid with respect to citizens of
other States. because they are in con-
f1ict with the Contribution Of the United
States. 'ft ETff
He also pointed out that whatever
measure of injustice n hardship was
melted out by New Jersey would un-
doubtedly. be met by retaliatory legis-
lation in other States.
The assistant Encouragement claims
that the fees are not a a upon prop
erty, but constitute a revenue properly
raised by an exercise Of the police power
of the State. Mr.. Goskill holds that it
was not necessary. primarily. to inquire
into the police power Of the State, nor
to justify the act, because those ques-
tions had been practically decided by
the Supreme Court and by the Court of
Errors and Appeals in the case of Harry
Unwin, Of Jersey City, to test the Scovel
act of 1905.