Evening journal., 1917-03-26
ALREADY TALKING OF
TESTS Of some LAWS
May Attack License Resub-
mission and Income Tax
Acts in Court
SPECIAL SESSION
is NOW TALKED OF

The liquor interests OF Wilmington
and rural New Castle county, Il is
understood, are making plans for
testing the legality OF the Whining
ton-rural New Castle resubmission
bill which passed both houses and
provides for n special wet" and "dry"
election next fall
The legal battle, Il is claimed, Will
| be sure to 90 20 the State Supreme
/ Court and the "wets" Will question
/ the legality Of the act. &c is under
stood, on several grounds One OF
the most important will be their con-
/ tentiOn that Il was unconstitutional
to force the vote on Wilmington by
this method when the constitution
provides specific way for getting the
vote. namely by petition when a ma
jority OF the Senators and Represen-
tatives from any constitutional dis
trict sign the petition asking for a
vote on the license question.
Another point that may be raised
should the contest of the law be made.
Is in connection with a ruling Of the
acting president pro tenn Of the Sen
ate, when an effort was made last
Thursday night to have the vote on
The bill recOnsidered by the Senate.
When the motion was made for recon
sideration Senator Wharton was in the
chair The vote was eight for recon
sideration and seven against. two SEN
ators being out OF the room at the
Time. Senator Wharton ruled the mo-
ton lost.
This ruling has been questioned.
some OF the Senators maintaining that
if trru Ina
that II only required a majority OF
the Senate TO carry the motion. and
that consequently the motion TO re-
consider should have been declared
carried by Senator Wharton. The
"wets" claim they have plenty OF legal
opinions to the effect that the ruling
was wrong.
The "drys," however. do not seem to
he at all alarmed over this contention
Ind claim that as it took a majority Of
the votes Of the Senate TO pass the bill
IL would take a majority 60 reconsider it.
May Attack Income Tax.
Reports are also being circulated that
some effort will he made TO test the
constitutionality Of the income tax law
ON tho ground that il exempts the far
mer indirectly from the provisions of
profits from agricultural operations" Itl
is pointed ont that the Federal income
tax law does not exempt the farmer and
those who are thinking Of testing the
local law on that ground say they see
no reason why the farmer. who for i'm
stance makes large profits from orch
ards, fruits and other products Of the
farm, should be exempted when the man
working in The shop or Office and making
more than $1,000 a year. comes under
the provisions of the law.
There are others. however. who
claim that the farmer should he ex-
empted. as he depends on his own
land for a living and has TO nay taxes
on the land. Several lawyers who
were active in having the law passed !
claim that they can see no legitimate !
ground for r contest on such ground /
and think the bill will Withstand any
court test.
May Re Extra Session.
Another report heard today was
that the campaign TO try and reorgan-
ize the Wilmington Board OF Edu-
cation will be continued An effort
will probably he made 10 get together
a compromise bill that Senator CORN
ley and others opposing the bill will
agree on.
Should II be possible TO reach an
agreement on a compromise bill it is
said that Governor Townsend will be
asked to call special session OF the
Legislature probably before June and
that some Wilmingtonians interested
will agree 10 pay the expenses Of
such q special session.