The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-18

citizen TO make application for a license
10 sell Intoxicating liquors, and no APP
rlication may Ire made therefor The
right TO require any citizen 10 pay a
license tax for the privilege of selling
Intoxicating liquors is conditional upon
tho application to conduct such bust
ness, which may or may not he made
In any individual case, and Furthermore
the granting or refusing 81 such license
is by the law of the state placed en-
tirely in the discretion OF tho court.
Besides. II does not follow that the ef-
feet of the passage of this bill would
diminish the revenues OF the State. II
IA majority of the votes shall be against
State wide prohibition" tho present
laws as to the sale Of liouor ana as
to tho revenue TO be derived thorefrom
Will remain in force. This bill leaves
TO the people the power to say whether
license shall be granted or refused a
power which. ia its essence, is now
granted by tho people through their
representatives TO the courts.
y possibility OF securing q revenue
dependent upon so many contingencies
cannot properly be described as ~
claim or demand of the State"
Creutes Debt.
The only clause OF the Constitution
under which il can be contcndcd with
ANY show of plausibillty as bringing
this bin within the requirement that ii
.
votes is that 1t creates 81 debt" or
Charge" but this contention can DO
easily shown TO be unfounded. No one
VIII contend that II creates a debt Tie
broadest Interpretation that could be
given the word Charge" would he
Synonymous with burden or liabil-
ity'-a burden or liability on what?
The only reasonable Interpretation II
seems. would be burden or liability
ION the public treasury OF the State"
This bill docs not create any charge
upon the 0ublic treasury. II expressly
provides that all expenses incurred in
the election shall be paid as provided
in the general law, that is, by the
counties and cities OF the Common
wealth.
There ia n well defined distinction run
ming through the Constitution between
the State and the subdivisions there
of; and between claims" charges
and demands" obligations" and liza
bilities" upon. the treasury OF any po-
litical subdivision thereof" and when
ever the treasury Of any county or
city is referred to, ii is done spccih-
cally and In express language. See
subsections s. 9 and 10 of section g.
and second paragraph of section Ga
In no one of the clauses quoted above
is there any reference which could be
reasonably construed as applying TO
any claim" demand" charge" or
liability" on any county or city All
the language OF the paragraph In ques-
tlon obviously rcfors to the state or to
the public treasury Of the State; and
whenever the term public treasury
| is used IN the Constitution. II refers not
to the treasury OF the counties and
cities. but TO tho ire lsury Of Lha state.
see section 40. wherein II is provide d
l:hat the salary OF mem ers Of the
| General Assembly IS paid from the
! public treasury"
! Out OF Contingent Fund.
I II II be commended that the bill pro-
vdcs FOR n charge upon the public
Treasury in the provisions for advertise
/ ment ana proclamation by the Cover
NOR IT Is TO be noted that these OK :
peDsGs are TO he paid out Of the con
/ tin2cnt fund" which Is already an
propriatcd undcr tho general law and
his expense Is the same In character
as that incident to the enactlng ana
( publication OF all laws. The enact
ment and publication OF any act en-
tails certain amount of expense and
is charge upon the public treasury;
/ Int not such Il charge as Is contemplate
ed In the provisions OF that part of
section 80 under consideration
70 attempt 10 force the application
OF the language OF the Constitution 10
I such an extreme would he to reduce il
/ 10 an absurdity.
But even # it should be conceded CAS-
/ il is not in facO, for the sake OF argu-
Inent, that this bin required twenty
one votes on its passage in the Senate,
i docs not by any means follow that
ii required twenty-onc votes To Rdont
q conference report, which is the solo
question ut Issue under objection No
.. On tine contrary, the Constitution
makes ii clear that X is never neces-
sdry 10 have twenty-Onc affirmative
votes in the Senate 80 adopt confer
encc report.
Section 90 OF the Constitution makes
. clear distinction between the number
Of votes required for the passage of (,
bill and the number required to adont
q conference report. ana provides for
each separately. Subsection ID of said
section provides, ia effect that no biz
shall become a law without receiving
I vote OF majority OF tho.e voting
which shall Include at least two M hs
OF the members elected; tina: is. In tho
senate. sixteen affirmative votes In :
subsequent paragraph OF the Same sec.
tion 1t provides that as to certain
briely as appropriation bills Cn whIct
class II Is contended by those onposInr
IL this bin Belongs, that they sLal
not be rasSed except by an afflrmailv,
vote Of a majority OF all the member rs
elected TO each house This woui,
mean that in the Senate such bill
would require twcnty-onc ahlrmntiv,
votes.
1funt HIVE Majority.
There is only one rcquir enient as I,
Inc number OF votes necessary to adoD
conference report. and no distinctio,
Whatever Ia made as to whether TIL