New-York tribune., 1909-02-02
TIMELY AUTO TOPICS
TESTING JERSEY LAW.
Decision Nay Be Handed Dozen
Withir Nert FeU Weeks.

The test case begun last summer by the touring
board Of the White company to test the validity
Of the Ne- Jersey automobile law has now reached
the Supreme Court of the state Judge Reed Of
that court recently granted a writ of certlorer1
thus permitting the case 10 be argued within the
next few weeks
The case has been through the police court and
the Court Of Common Pleas, but neither Of these
courts undertook to pass upon the constitutional
questions involved, simply ruling the facts
of the case and the wording Of the statute.
II will be remembered that the case originated
with the arrest of H. H. Johnston IN Trenton be-
cause no New Jersey license number was displayed
upon his machine An attempt made to bring
the constitutional questions at once into the fed
eral court but that court sent the case back into
the state courts for adjudication. Some of the
points raised by the counsel have never before
been argued in automobile case.
The principal contention is that the State Of New
Jersey has no power to tax a nonresident citizen
on the ground that freedom of ingress and egress
to several states is guaranteed to the citizen
of the United States. and has been sustained Dy
many decisions Of the United States supreme
Court A case which is largely relied upon Is that
of Crandau agt Nevada. in which the supreme
Court of the United States held that the state OF
Nevada had no power to levy tax on sIaIe
coaches operating points in that state ana
points in adjacent states.
The reasoning of the court in arriving a. 'haI ue
cision seems to apply to the parallel case OF IN
automobile which is driven between points In the
State of New Jersey and points in adjacent states
The White company further contends thar the sec
ton in the Frellnghuysen law which provides that
q nonresident automobiles cannot obtain the re-
ouired automobiIe license without constituting the
Secretary of State of New Jersey his attorney Tor
the purpose of serving process alone vtiates the
New Jersey statute.
II is not denied the stae may In the exercise
Of its police powers. exact reasonable license fee
+o cover the expense of issuing license and main
tanning departme1t for that purpose, but y has
been laid down by the highest court Of New Jersey
that 'vherever it is manifest that the amount or
such tax imposed in the exercise of the police power
is substantially IN excess OF the reasonable expense
Of issuing a license and OF regulating the occupa-
ton to which Il pertains. the act or ordinance I'M
nosine the tax is invalid. Inasmuch as the license
fees collected in the Stats Of New Jersey within
the last year exceed 100000 the amount necessary
TO maintain the department, It is contended that
the FreInghuysen law is invalid under the Judlclai
ruling quoted.
Another contention Is that the New Jersey license
tax is unconstitutional because automobiles are
taxed according to their horsepower and not ac-
cordne 20 their value Xenephon P. Huddy, in dis
cussng the case a few days ago. said;
I'VE think that have raised number OF
points which will result IN the law being declared
unconstitutional and void. It Is. Of course inpos-
sbIe for anv one to predict what the fnal decision
will be but 1t Is certain that litigation has been
OF great value In calling public attention to the u
inst provisions of the present New Jersey statute
and lawmakers in other states gcinR slowly In
enacting laws involving heavy taxation upon auto
n,obiIists until the important points which we have
raised have been passed by & court OF last
resort"