The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-02-07
Unconstitutionality Of Tavern
ner Amendment Causes the
House to Reject 1t
Delays Adoption
Segregation Plan
Conference Committee MustAl-
ter Language to Make 1t Con-
stitutional--- Members to Fight
Senate Commission

S@IIotN \olkAitiSS&oh
! An opinion by Attorney General
John Garland Pollard. holding the
Senate amendment to the Weaver Blu
chanan bill unconstitutional. caused
the House of Delegates yesterday to
refuse to concur In it, This necessi-
tates the appointment of conferees by
/ the Senate and the House to reconcile
the difference between the two bodies
and delays further the Anal enactment
of a segregation bill.
As the Assembly adjourns sine die
Thursday night, IL neccssitates also
quick decision on the part of the
House as between the Senate mod
he'd. ex-ofiicib tax commission and the
House bin placing the administration
OF the new tax system in the hands
of the Auditor.
Beginning of the Trouble.
The Weaver Buchanan bill was pass
ed by abe House without material
change from It's original form and
then went TO the Senate. There the
Tavenner amendment. allowing locali-
ties to place upon intangihles. segre-
gated to ,he state. an additional tax
of not more than thirty cents on the
500 OF assessed value, was placed on
the bill. and the amended measure
sent 10 the House Friday. Immediately
upon its receipt Mr.. Weaver joint
patron OF. the measure and the sesre-
cation leader, moved that the House
concur In the Senate amendment, at
the same time moving thar hts motion
ia concur be passed by uttii Satur-
day morning,
This was done and all seemed serene
IL looked as IL after brief discussion
tha fnf1nzx- nc s..ar ~ ~tu re
would concur and the bill would be
come law. However. Mr.. penning-
ton. OF Lee, threw monkey wrench
st that point into the well ciled steam
roller heretofore moved on its course
with such precision and with unin-
terrupted success by the segregation
lists. He raised the point that the
| Tavenner amendment was unconsti-
tutioaai and moved that the opinion
Of the Attorney General on that point
be ascertained. His motion was adopt
ed. the segre CATION leaders refusing
TO become excited.
Yesterday morning the House met
and began routine business. House
! Bill No. s. as amended. was first
on the calendar. and all were waiting
patiently for the beginning of consid-
GRAFTON OF the measure 1soutine bust
ness completed. the bill was reached
0sth atA GAeSpt a AcNr W no ttdQ ADVANCE
information. sat up in anticipation of
La sharp but brief last struggle be-
tween the commission COATES and
the segregationists. with the victory
OF the latter unquestioned.
The bill was called. The Speaker
announced that the House was in re-
eeipt Of a communication from the
AttorneyGe and ordered it read
by tho clerk. The preliminary verbi-
age being read hurriedly. the clerk
! came to the meat of the opinion, and
1t was found that the Attorney-Gen-
eral expressed extreme e0ubt as to
the constitutivnality Ct the Taveaaer
amendment.
Thereupon Nj. Weaver arose snd
moved tina. the House do not concur
in the Senate amendment This was
oSne-
The net result is that when the Cen
'erai Assembly adjourned yesterday af-
ternoon at o'clock the segregation
bill, instead of being ready for the
Governors signature. was suspended
In midair. The House has passed n
and the Senate has f1rst amended and
then passed IL. The House has refused
TO concur. And there you are.
Are Not Worried.
However, segregation leaders are
not worried even now. They are con-
fident that conferees will be named
by both Houses, that they will quickly
agree TO alter the language as suR-
gested by the Attorney-General and
report back to their respective Houses
by Tuesday morning. Immediately al
most II IL declared, both Houses will
vote to accept the report, and the work
will be completed.
There viii remain then to be acted
upon the Senate administrative bin
and the House administrative bill II
Is understood that the Governor and
the segregation leaders In the House
are prepared to accept the Senate bill.
creating an ex-cfficio commission with
moderate. advisory powers. and that
the Senate bill will be accepted by the
House without undue delay---possibly
while the conference committee has
the segregation bill. but more probably
Tuesday afternoon or Wednesday. az
ter the conferees have reported and
their report has been acted upon
The Senate commission bill will NOT
be accepted in the House without a
fight. however, in spite of the will
ingness OF the segregation leaders to
do so. A number of segregationists
have indicated their intention to on
pose the bill and insist upon the House
bill making the Auditor OF Public
Accounts administrator OF the new tax
system. About twenty FIVE of them. II
is said. will vote against the commits
sion and in favor of the House bill.
"AlI we need said one OF them
last night, SIS little backbone. A
majority OF the House opposes the
Senate commission bill and favors The
bill as originally supported By Cow
ernor. Stuart and the segregation
tContinued on Aecnnd PAEe.l