Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-08-21
LEVY MADE GENERAL
FOR LOCAL PURPOSES
| ONLY, SAYS OFFICER
Delegate Will Re m o d eI
Measure to Place Money
in Treasury.
EFFORTS TO DELAY ACTION
! OVERWHEL MINGLY DEFEATED
Ask Right of Legislators to Fix
Taxes Benefting Only
Counties.
OPINION OF JOSIAH HANK
Adherants OF Federal Aid Plan Put
Up Battle to Prevent Con-
fusion in Issue.
EFFORTS TO DELAY ACTION
OVERWHEL MINGLY DEFEATED
OPINION OF JOSIAH HANK
Adherants OF Federal Aid Plan Put
Up Battle to Prevent Con-
fusion in Issue.

Advocates of a scent levy for county
roads won hands down in test OF
strength yesterday with proponents in
the House of Delegates OF the move
ment TO raise at this session funds only
for State highway construction.
Later, when the fight shifted TO the
Office of the Attorney General. they
lost under an opinion of Josiah D.
Hank, Jr., who held that the tax as
imposed under the Ozlin bill is uncon-
stitutonal. for the reason that 1T is
for local purposes only. though it will
be levied on general property of the
State at large.
Delegate Ozlin. taking the cue from
Mr. Hank. expects fortune to take
another turn in his favor today, when
he will have so amended his measure
as TO provide for placing the 8 cents
to be apportioned TO the counties under
an appropriation bill, which will be
drawn at the proper time.
y cesolution introduced by Floor
Leader Willis who declared that the
special session was called for the spe;
ci1ic purpose of meeting the Federal
aid, and who attempted to have the
| body place itself on record as favoring
= policy aG,d under which @ tn the next next regular ar
the biennial appropriation of 100000
which they now receive as State aid
to the maintenance and construction of
the State system.
EniI to Refer Bill.
Once the resolution was before the
House every effort on the part of it's
proper committee or delay action upon
II met with overwhelming defeat from
the members who SPONSOR the move
or feeders" to the State system. Fin
ally. it went to its death amid n storm
OF noes.
form of State roads first and the ex-
cluSion of the county highway prob
lem from consideration at this session
already had laid the situation before
the Assistant Attorney with
the request that he answer the fol-
lowing questions:
will you kindly advise us whether
the General Assembly has the con-
stitutional power to IMPOSE a property
tax on property throughput the State.
or a license tax on all automobiles
in the state for the purpose Of aiding
the counties OF the - sans
ing and maintaining
IN the respective co
ner set out in the st ae
law, approved Marcel
Joint Reques
The request was tt
tiooirick. who made no direct reference
TO the Ozlin bill. but stated that amend
nents flling the same purpose had
bills It has been suggested by cere
tain Senators that the measure in
creasinE the automobile license tax so
per cent be SO amended as to make II
100. and the increase be equally dis
trihuted between the counties and the
state highWay system
follow: op'h'oh
~ take it from your letter that the
county roads to be constructed by the
n
are not a part OF the State highway
benefit OF another" INC
Citing Cooley on taxation, he pro-
"a state purpose must be accom-
plished by State taxation; county
purPoss purposs oy ~, county ia%ation or public
TAXATION of such district This is not
only Just. but it is essential. To any
N,e". NV tnal one man is compelled to
public burden properly resting Inon
Ihem his property is taken for private
purpTses ,"n,iToT as plainly and palpably as ii
iineht or debts or the discharges of OH
iiiisasions which the person thus re-
nrweu ,'ri, by his payments might owe to
Opinion OF Attorney-GenernL
Further he says:
y uiHerent question would arise IL
me me county roads in question were a
part OF the State highway system. be-
ennse' cause IN such case, it would be
mater or general concern TO the whole
state The state. instead OF ehe coun.
". would be selecting and building the
roads and maintaining them out Of The
general funds OF the State raised in
lhe same manner as other revenue for
semera! State purposes Is raised
Nhat have said above is nredicatad
upon the assumption that the counfy
roads proposed to be constructed out
OF the money raised by the proposed
amendments. are to be built by the
boards of supervisors OF the various
counties and maintained by them and
TO be under the supervision and CON
troi or the local authorities and not
quit and maintained by the state and
ities.
You Will understand that have
given no consideration 10 the question
OF the r!Sht of the State to appropriate
portion Of the revenue raised by a
levy for general State purposes for the
building OF roads through the stat.
under what Is known as the state
money aid road law hut the above
opinion is predicated entirely upon the
assumption that a direct tax Is pro-
~ lay taA sh