Evening star., 1914-11-11
Attorneys in U. S. Supreme
Court Attack Act Discrim-
mating Against D. C.
SAY 1T INTERFERES WITH
INTERSTATE COMMERCE
State Attorney General Declares the
Measure Merely Compels Users
of Roads to Pay Tax.

Oral argument was begun in the Su-
preme Court of the United States late
this afternoon in the case of John T.
Hendrick against the state Of Maryland,
involving the question of license fees on
District of Columbia automobiles enter
ing the state of Maryland Osborne 1.
Yellott and Jackson H. Ralston appeared
for Mr.. Hendrick, while Attorney Gem
eral Poe of Maryland and Enos S. Stock
ridge represented that commonwealth.
The counsel for~Mr. Hendrick contend
ed that the act imposing charge upon
residents Of the District is a regulatio
of commerce, beyond the jurisdiction of
Maryland to impose. They insisted that
the Maryland law is mainly a revenue
act, and that. moreover. it is not within
that class of laws under which states
are allowed to demand compensation for
the use of works of public improvement.
This follows, it was urged, since the
tax on District automobiles is imposed
without regard to the extent of the
use of the improvements, and in many
cases without motorists making any
use Of the improvement, but still being
compelled to pay the tax. -.
Even II motorists came across the
state line on the poorest country road,
unimproved, they would still be COM
that there are about 10000 motor cars
in the District of Columbia, 1000 of
which are registered in Maryland. The
remaining 5000 are deferred from
going into Maryland. thereby demon
strating, it was contended, that the
law is a direct interference with inter-
state commerce and intercourse.
Counsel said. further, that the Mary
land law is gross discrimination
against residents of the District of
Cr11 Sr hof cd fc oil
other states can come into Maryland
without paying the tax. The result OF
this is that whether the law be re-
CARED as a police regulation or as a
compensation act, the residents of the
District of Columbia are placed in
position of contributing to the cost,
while residents Of other states are re-
lieved from bearing their share of the
cost.
Maryland's Contention.
Attorney General Poe resisted the
contention that the Maryland act vio-
lates the Interstate commerce law, and
held that state is justified in requir-
ing those who elect to use on its high
ways a mode of travel that is abnor-
mally destructive to that road to COM
pensate 1t for such use is too clear for
further argument"
Attorney General Poe went on to say
further:
Let US direct attention for the mo-
ment to the results aimed at by this
law, bearing in mind that we are deal
ing with regulations of high-powered
machines capable of causing great in
jury and destruction to life and prop
erty. capable of attaining high rates of
speed. and a consequent difficulty of
detection unless plainly and at all
times distinctively marked. It is. of
course, apparent that this law seeks
to protect person and property by re-
quiring the automobile and owner of
this destructive agency to be register
ed, so that in case of damage done or
injury caused he may readily be ascer-
tanned and located. All of these pur-
poses are clearly within the police
power of the state, and are, in fact,
among the primary objects of that
power.
Geographical Location.
''What bearing does this. then.- have
on residents of the District? The court
will take judicial notice Of the geographic
cal location of the District to the borders
of Maryland; that the District is large
and populous city; that it is limited in
area and that, therefore. users of motor
vehicles are necessarily forced to go fire.
uuently and constantly into the adjoin-
ing states The court will also take
judicial notice of the fact that there -
no large city in any other state so stu
ated with respect to the borders of
Maryland"