Pine Bluff daily graphic., 1911-07-19
AUTO OWNERS NOT LAW POSTED CITY COLLECTOR RUSSELL GATH FRS IN ALL NTTO LICENSE MONEY IN FACE OF STATE
 LAW
CITY LOST ITS POWER
Cannot Compel Auto Owners To Pay License Tax and State Law Makes
 It Less.

Trouble is in store for the license department of the City of Pine Bluff A question has arisen as to the legal ity of that part of the city ordinance, imposing license tax of $10 year on all motor vehicles owned for pri- vate use. The trouble is oceasioned bv the recent legislative enactment regu- latng the registration of all motor Vehlcles and stopping municipalities rom imposing further burdens uDon their owners. Legislative attachments take precedence over city ordinances ana Where there is a conflict the regulations imposed by municipalities are vitated.
 i The essential parts of the "Arkan- sas~ Motor Vehicle Law" which cuts off at least a part of the revenue of cities and is causing a good deal of speculation just now as to how and when it shall apply, reads as foll ,Ns,
 Section 13 provides: No owre" Of motor ve icle. who shall have o',- tained certificate from the secretary Of state, as herein provided, sha,i be required to obtain any other liccnee or permits to use and operate the same, nor shall such owner be requir- l ed to display upon his motor vehicle any other number than the number of the registration issued by the secret ary of state, or exclude or prohibit or limited in the free use of his said motor vehicles; nor be re- i quired to comply with other provis' ions or conditions as te the use of said motor vehicles except as in this act provided Except as i'll this section provided, no City, town Or village. or other municipality, shall have power to make any ordinance. bylaws or resolutions limiting or re- stricting the use or speed of motor vehicles provided, that noth- ing in this act contained shall be con- strued to affect the power of munich pal corporations to make and enforce ordinances, rules and regulations at- fecting motor vehicles which are used wit in their limits for public hire.
 Settles Question.
 This would seem to effectually set tie the question of automobile licenses insofar as the fees affect the clty 5 coffers, if there were no saving ciause' The legislative enactment was ap- nroved March 24 and ordinarily should have been in full force and effect on and after that date. But it dld ho' carry the emergency clause, and the attorney general has held that unoef +ho initiative and referendum an en- actment without the emergency elause attached cannot become in full force ond effect until expiration of 9o oays from the date of the adjournment oi the legislature According to the opin- inn of the attorney general thereioie' .,, "Arkansas Motor Vehicle Law will not be effective until aoout Aus net Ia the legislature having adjourn od finally about the middle of May.
 Before the discovery of tn's sa'ine c1ause it was thought that all motoi vehicle license taxes collected to o"'c h,d been maid under a vitiated sectioh of the license ordinance. It IS rish' hore r. at a fine question of law proo- oh,v arises. The automobile license fax has already been collected py o''S Collector A. G. Russell, who on Se' +ordav announced that he had coiieo'-
 a tho tax on eighty-eight machlhe' in this city, fer the fiscal year oee'' ming June l. ou
 Tn inc third month of the fiscal year tho state law regulating the fes's.'" t;on of motor vehicles becomes ei.oN .:.o Now in view of tae impenoihs '...o low is the councilmanic acu~h | ;n conflict herewith null ana voiu'
 Before the point of the deie''e' | .so.;uo,oss If the state law was au- varced local autoists stated there . "ao ae .,o honorable course for the ',''
 ,o save that of refunding the "u p''e ..;,o license tax to those who ha' 'oi ia #. hut in view of the new ahs'e pa'e IL, waiter it is not known what ei> sn .t;t.de of the city will be. It IS sts s+sted that according to law the ne,ona v,,1 ,,,s Ssa,sN not be forced to make a reiana !s..aa oeI, ot monies collected under a os,,a va.,s.ue ordina ance provision. !, .,o ao,I o,tv per. 'wrers refuse to pay and the c,,s ..osonrse
 "ioi tho tax it's recourse