The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-18

iicsnse 20 sell intoxicating liquors, and
to application may be made therefor.
The right to require any citizen TO
! paw license tax for the privilege Of
/ selling intoxicating liquors is condi-
{ tionRl upon the application to conduct
. such business, which may or may not
he made in any individual case. ana
Furthermore the granting or refusing
~ such license is by the law of the
state placed entirely In the discretion
1 IF the court Besides IL does not fol
gow that the effect Of the passage Of
th}s btu would diminish the revenues
! pf the State. II a majority Of the votes
shall be against Statewide prohibi
ton" the present laws as to the sale
4 of liquor and as 70 the revenue TO be
. derived therefrom VIII remain IN force.
( This bin leaves TO the people the power
To say whether license shall be granted
or refused, power which, in its cs
sence is now granted by the people
through their representatives, to the
courts.
y possibility OF securing "A revenue
dependent upon so many contingencies
cannot properly be described as "a
claim or demand OF the state
Tho only clause Of the constitution
under which 1t can be contended with
any show of plausibllity as bringing
this bin within the requirement that
II should receive twcnty-one affirma-.
tive votes is that II, creates "A debt
or charge" The broadcast interpreta-
ton that could be given the word
I charge" would be Synonymous with n
burden or liability" But a burden
or liability on what The only rea-
sonahle Interpretation. it seems, would
be a a"burden or liability on the pub
lie treasury Of the state" This bill
does not create any charge upon the
public treasury. 1t expressly provides
that all expenses incurred In the cleo
tion shall be paid as provided in the
general law. that rs by the counties
and cities OF the Commonwealth
There is well defined distinction
running through the constitution be
tween the State and the subdivisions
thereof. and between claims"
"charges'' and Demands "obliga-
tons" and liabilities" upon "the treas
ury of the State and the treasury of
any political subdivision thereof, and
whenever the treasury of any county
or city is referred TO 1t Is done spe-
icacally and in express language See
subsections s, and 10 Of section e3.
and second paragraph of section GA.
Answers Third Objection.
! Tn no one of the clauses quoted
, above liz there any reference which
: could be reasonably construed as APP
plying to any Claim" demand
charge" or liability" on any county
or city. All the language of the para
graph in question obviously refers to
1.-The State or to the public treasury OF
the State. and whenever the term pub
lie treasury" liz used In the constitution
!, 1T refers not to the treasury OF the
| counties and cities. but to the treasury
! Of the State.
See section As, wherein it Is provided
, that the salary of members of the gen
eral assembly is paid from the publ
, treasury"
, il it be ccntended that the bill pro
- vidcs for charge upon the public
treasury in the provisions for adver
; tisement and proclamation by the. gov
. ernor, 1T is to be noted that these ex
, penses are to be paid out of the "con-
; tingent fund" which is already appro-
> priated under the general law. and
. this expense is the same In character
as that incident 70 the enacting and
> publication of all laws, The enactment
and publication of any act entails a
certain amount of expense and is
charge upon the public treasury, but
not such charge as Is contemplated
: In the provisions of that part OF sec.
ton so under consideration.
attenapt to force tina application
OF the language of the constitution Il
such an extreme would be to reduce
it to an ahsurdtv-
= But even IL II should be conceded
cas- il is not in fact, for the sake OF
: argument, that this bill required
! twenty lone votes on its passage II
the senate, ii does not by any means
. follow that IL required twenty one
votes to adopt conference report
! which is the cole. question at Issue
Ia l4nR On,
contrary the constitution makes II
t clear that 1t is never necessary 10
have twenty~one affirmative votes in
the senate 10 adopt a conference re-
port.
Section 80 OF, the constitution makes
a clear distinction between the mum
per of votes required for the passage
/, Of a bin and the number required 20
, ADOPT conference report, ana pro-
Nldcs for each separately, Subsection
d of said section provides, in effect
, that no hill shall become a law with
out receiving vote of majority of
those voting, which shall include at
least two-hfths of the members elected
that is, In the senate, sixteen afiirrna-
> tive votes In a subsequent para
graph of the same section II provides
that as to a certain class OF bulls,
which may designate briefly as APP
preparation bills lin which class 1t is
commended by those opposing IL TINS
bin belongs). that they shall not De
passed except by an Affirmative vote
of q majority Of all the members elect
ed to each house. This would mean
that in the senate such bill would
require twenty~one affirmative votes.
Majority of Those Voting.
There is only one requirement as to
the number of votes necessary to adopt
! 4 conference report and no distinction
whatever is made as to whether the
conference report is on bill In the
first second class; the sole require
ment is that II must have "a majority
of those voting. which shall include
at least two-fifths OF the members
elected that is, in the senate, sixteen
affirmative votes, 1t cannot be con
: tended that-the- adoption Of the con
ference report is the vote on the Anal
passage" of the bill, because the con
situation clearly distinguishes between
the two, and AS above stated, provides
for each separately.
This bill passed the house of dele
gates by a vote OF seventy six to nine
team cnprfded tn ha an