The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-13
Rolling Stock Measure
Finally Approved by
Governor Mann.
WILL TAKE EFFECT
IN JANUARY, 1913
Question as to It's Constitution
ality Referred to AttorneyGen-
cral Williams, Who Sub
mitted Elaborate Opinion.
Law May Yet Be Tested
in Supreme Court.

Reinforced By the advice Of Attorney
General Williams. Governor Mann late
yesterday afternoon signed the Holt
Williams rolling stock bill. which goes
into effect on January 2. 1919. Follow
Ing public hearing OH Moniay. at
which the bill was attacked on consti-
tutional grounds by u group 2f attor-
Maya. the Governor. in special COM
mun.cat!on. submitted the measure to
the Attorney for niinaton
as TO it's constitutional!ty. Judge VII.
liatns replied yesterday in an opinion
covering six typewriter pages that as
far as he was able TO determine in
the abort time a. his command me act
was constitutional IN all OF lts parts
and merited approval.
The bill Jus, ratified By the Governor
was among the important pieces OF leg
islstion enacted by the recent Gene. al
Assembly. and was warmly contested IN
committee and on the doors Of the two
houses Under It's provisions the roll
Ing y;ock OF tho railways doins bus
,ncss in the State. instead OF going
wholly to tin. cities in which the roads
have their chief offices, viii be divided
"a per cent. OF the tax going 10 ,lfu
homo Office cities and the remaining 20
per cent. 20 the counties and Cities
through which tbs road passes
Lcuycn Courts TO Decide.
While expressing no douO, as TO the
ConEtitIt!ona!ity OF the bill IL 20 far
as IL affects foreign railroad. and do
incstic lines. II would seem from an cN-
animation OF the Attorney Generals
brief that II leaves considerable room
Tor doubt a. to thc validity OF the IL IS
IA it, application TO doincsitc raIlroadi
corporations Judge Wiliiams advice to-
the Governor Is IN effect that white III
his opinion the act is constitutional
even in it's application 10 domestic COR
pcrations. II further doubt is entertain-
ed II should be left with the courts TO-
resolve &. on this point the Attorney
General has this to say.
After as car.ful an investigation og
tho matter as I have been able 10 give
in the short time at my command.
conclude that there is no provision Of
the Stata Constitution which prohibited
tho Legislature from passing said act.i
that in passing the act the Legislature
acted within its powers. and II follows
that in my opinion the said act IS not
Unconstitutional in whole or in part.
II som. OF the provisions OF the act
nrc constitutional ana others not. then
Il would he the duty OF the Executive
To approve the bill. leaving Inc courts
TO finally d>tcrnl!no tho questions as
70 the constitutiouality OF tina, part o.
the bill aoou; which the Executive
entcrtalns some doubt
says Law Makes No Radical Change.
To the chief objection OF tn. cppos,-
t!on that IN auinoglziuE the l.vAing Of
taYes on the same class 81 subj erts at
nincrcnt rates OF taxation, the bill VIC
lates section l6s o! the Constitution,
which provides that all taxes shall be
unitorm upon the same class ~ sub
3ccts within tho territorial! ! mits OF
the authority lcvyng thu tax, A;tor-
ney-General Williams replies as fol-
lows:
III tho act under consideration had
no; been passed, under the existing
laws exactly the same method Of as
s.ssment and collection OF taxes Oh the
rolling stock OF domestic railroad cor
porations would prevail as VIII pre-
vail under the act under consideration
II II becomes law. The only difference
being that without the act under con-
eideration the cities or towns IN which
the principal Offices OF the railroads are
situated would receive the benefit of TN,
whols of these taxes, whilst under tbs.
oct in question, il II becomes la ~ such
cities and towns would receive only
part of the taxes, and the balance
would be distributed in the mode dcs-
iEnated in the act
Parallel seems Not Conclusive.
The parallel thus cited between the
statc OF affairs which obtains under tn.
present law and that which ,ili be TN.
case when the naw law goes into cffec,
appears to leave roum for dinerinE
conclusions. 1t was pointed Jut last
night by persons we'll vcrsed in the tax
laws OF the State tina; the citation l.,
q way falls to meet the principal point
Of contention. namely, that the Coruu-
ration Commission Is authorized bv IN.
new law to tax the rolling stock of an