Every evening, Wilmington daily commercial., 1920-05-18
HOME RULE. BILL
NOW A LAW SAYS
CITY SOLICITOR
Governors Failure to Sign or Re
turn Has Lapsed; Prevents
Raise in Tax Rate.
HELPS LOCAL FINANCES

The Home Rule bill passed by the
Legislature on April p, IS now law,
although il has not been signed BY Gov
ernor Townsend Its legal .tatus, ac
cordinn r. City Solicitor Huxley. IS
established because although MIR Town
send dId not aiiiX his signature t. the
measure, he permitted more than 10
DAYS u elapsc in which time he had the
privilege Of returning II tothe Legislature
with whatever objections he Ind to make
tn IL.
The outcome Of this situation IS, that
it Is likely now, that there Will bc no
increase in tax rate this Year. because
additional revenues can he raised through
the Home Rule bill provisions. that will
enable the city to operate without big
deficit
Wilmington now taxes or licenses seven
different businesses or operations. Other
cities have hundreds Of them. The bull
gives to the mayor and City Council the
power q license or levy tax upon various
enterprises to provide revenue tor city
operation and expenses.
Atlantic City levies q license upon
more than 500 businesses. Atlanta, Ga,
lcvies license upon more than 700
businesses.
While at Dover yesterday, MIR. Huxley
discussed with Governor Townsend hIs
reasons for not signing the measure
which has the Endorsement OF the Chamber
of Commerce and the united support Of
Citv Council Governor Townsend II Is
said told the CITY solicitor that he did
not want to embarass outside corporations
which sought charters in Delaware, Ie-
cause if these corporations were taxed IN
Delaware. ii would result in states where
they operated imposing like tax upon
them The revenue from tic charters.
is 4 substantial one to the state and Mr..
Townsend did not want 10 threaten this
source Of State income.
Mr. Huxley assured Mr.. Townsend that
there was no intention on the part OF the
Mayor AMI council to do anything that
would drive revenues from Delaware.
The whole object Of the bill was on the
contrary, - bring in more revenue, par
ticularIy II Wilmington During his
STAY IN the State capital Mr.. Huxley
consulted with various attorneys and the
question arose as 10 he legal status OF the
/ Home Rule bill
The bill passed on April - and Vas
! referred to The governor III due procedure
+ 'ndcr the Constitution hc had ten DAYS
i IN which to sign or return the bill tie
/ did neither Other provisions oi the
/ Constitution provide that III such 4
+ contingency. that the hill shall become
! a law without the governor 5 signature,
i ,lr less the Legislature should adjourn
/ before the ten DAYS lave expired
On the question Of the Legislature re-
ces-jng. the governor Is Of the opinion.
! if is said that Il had tie same effect as
though the Legislature had adjourned
Unfortunately for Nh Townsend the
law does not attorneys clam, agree
with him.
MIR Huxley went 10 Dover again today
taking gwith him IN opimon which embraced
the legal authorities ana that section
of the State Constitution bearlng on the
point 0f the governor failure ID slgn or
| return the measure within ten DAYS.
The discovery Of tins situation is par
t,eularls pertinent u tbs tlms Last night
| CITY council. finance committee met %
Discus the budget fof next Year There
verc various plans thftshed out and the
almost doubled demands from all city
departmentz were discussed With the
fact assured that tic Home Rule hIii Is
nou operative would APPEAR te have solved
their problem, for the present IT least
Mr. Huxley IN speaking ai the various
forms of businesses that might b. taxed
called attention 10 his own profession
There arr more pan seore II attorneys
who 10 noi live Ia Wilmington Who en-
joy all OF its privileges without aging
Il penny oi tax here 4 lleense fee or tax
Of five ar ten dollars year could be tmpos-
cd without distressing anyone some cities
impose u taN on every square loot II sign
board and this could be donr here There
are many enterprises that might he CON
struetcti % operate nuisance and which
COSTS the city hundreds ol daiinFs Ii
accommodate each year, that could be
made to pay 4 license u Tux that would
help delfay the extra expense theY nov
/ cause the c.ty
II Is expected that there viii IL on.
position "a whatever business or opera.
toa Is taxed. but where na faN0riti4In IL
shown the objection would he necessarily
fall for lack Of support.