Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-03-06
illinois Gas Tax Decision
ArOuses Unusual Interest

Widely divergent views are held CON-
corning the decision Of the Supreme
Court OF Illinois that the States tax on
gasoline used by motorists is unconstitu-
tional. Many observers hail the action
as blow against discriminating legisla-
ton. but others fear that the result
Will be serious interference with road
building and maintenance programs
generally unless the decision Is reversed
on appeal to the Supreme Court of the
United States
That the motorists Of Illinois owe a
debt OF gratitude to the determined op-
ponents OF the law" Is declared by the
Chicago Daily News. which also states
The decision is not in the least tech
meal. The gasoline statute was found
discriminatory. oppressive. arbitrary and
tricky. 1t was passed for political
purpose. and 1t was jafhmed through
without any effective discussion. II has
cost the owners Of automobiles millions
OF dollars which they will never see
| again"
discrimination against the urban
automobile owner. and particularly
against the Chicago automobile owner"
resulted. says the Chicago Daily Tribune.
None OF his contribution" the Tribune
continues. went to pave the streets in
chicago, which are paid for entirely by
local taxation. and only q fraction of
the money collected from him was re-
turned To Cook County to build high
ways In the outlying districts. The tax
was levied on every taxi rider In Chi
cago Tor the building OF roads he never
would see. much less uSc."
Observing that the law would put a
double tax on motorists. the Utica OBJ
sefter~Dispatch adds: Other objections
are that II diserimlnates between kero~
aenc and gasoline. both motor fuels
that 1t dlscriminates between gasoline
and electric vehicles; that 1t discrim-
mates between the use Of gasoline for
motoring and It's use for other pur-
poses, These seem like rather i'm
prcgnable objections, and As though
they might be expected To stand In
decisions by the Federal courts, rs they
are now declared violation Of the
fourteenth amendment 10 the Constit,i-
ton. guaranteeing equal protection To
ALL"
1.-The decision foreshadoWs the pos
sibility Of the overthrow OF similar
| Ievies in@many States" the Providence
| Bulletin thinks. unless the statutes are
| revised to meet the objections cited by
| the Illinois tribunal" The Scranton
| Times makes the further comment on
| the situation that political strategist6
| IN Illinois are charged with having
| played part In tangimg up the law
| with exceptions and exemptions. III that
| 1t was iairly certain to be- declared tn~
| constitutional "
| Most ut The money collected under
| the law since last july" II Is pointed
| out by The Rock Island Argus viii
remain In the States possession. nnd
only those who paid the tax under pro-
| test viii receive refunds The balance
cannot be refunded without IL hpotiai
| appropriation act. This ruling ends a
| reached when the Assembly enacted
the bill under dramatic circumstances
| ieH,rrectlng II after It's defeat IN the
Senate. aud pushing II through"
| The Illinois supreme Court has plit
| The judicial function 10 drastic Use. -
declares the bt Paul Dispatch. with the
| further comment The verdict may be
beyond criticism frnm legal point nf
view. Hiit from HE viewpoint uf public
need and expectancy. II Is uf decidedly
| questionable Wisdom" Tie Wichita
| EtaCun alau feels that The interests ~
it.e mniuiius pilblc VIII hr better Sub
| sEiveu bY iefeiaal than all animation
al the ililnuia enutt." aut that paper
| contends That 1T certainly would be
unfair IN make the Users III eaaollne tor
purposes other than automobile driving
pay the iaA for the upkeep of the high.
Naya,'