Smyrna times., 1940-01-04

board will be to further perfect
the system of the motor vehicle
department. This will require a
full time commissioner the next
several months to investigate
equipment and systems in other
states, it was said.
A change may also be made in
the new system of automobile
registration tags which had been
determined upon while the motor
vehicle commissioner was under the
jurisdiction of the old board.
The board has been advised that
the new style tags must be used
for this year and requests OF
automobile owners for their past
years numbers will be complied
with so far as the number digits
permit on the new plates. The
present system will probably be re-
Vived in 1941.
The planned system calls for
tags with Wilmington and each
county indicated by letters and
with no more than three digits ad-
ditional.
The Democratic opponents of the
new law disputed the laws consti-
tutionality in quo warranto pro-
ceedings. The court held on one
point raised by the petitioners that
the highway department is a legis-
lative rather than an executive in
strumentality and consequently in
the regulation of the department
the court saw no constitutional in
vasion of the Governors preroga-
tive.
The petitioners had also invoked
a constitutional amendment in
their contention that the law re-
quired a two-thirds vote of the
The court held: 1--WE
see no evidence whatever that the
constitutional amendment was in
tended to or could operate as a
limitation on the power of the Leg
islature to pass general laws with
reference to roads or highways"
ITO u.s., it continued, lit would
seem a strained and illogical con-
struction of the amendment to
make it to SO operate that the Leg
lslature, by majority vote, could
pass general laws affecting non
continuous roads in all three coun-
ties Of the state, but that any road
that was intended to run continu-
ously through two counties and in
to the third county would require
vote Of two-thirds Of all the mem
Oers elected to each house or as
sembly. We know Of no rule Of
which would require
such a conclusion"
Another contention of the Demo-
Gratis was that the act required a
vote under a consti-
provision on creating debts
n behalf Of the state. The court,
pointing out that the act amends
.hree sections Of the law, said that
lone of the amendments concerns
he issuance Of bonds or the crea-
ion Of debt.
The opinion held that, where
statute consists Of several parts
Ind a portion would not have re-
Iuired for its original amendment
more than majority vote, 1--WE see
10 reason why this part of the
statute may not be amended by
hat same vote which would have
,een sufficient for its original en-
lctment had it been in fact severed
rom the part requiring a greater
'ote; both reason and authority
ustain this view"
Denying that the title OF the act
vas insufficient, the court said:
We think that a title of an act
for "the reorganization
# the State Highway Department"
yives to both legislators and citi-
ems in general full knowledge and
that the organization and
lffairs Of the department may be
he subject of change and invites
he inquiry of all persons INTEREST,"
d."
After holding that the depart
nent is legislative rather than
n executive instrumentality the
:ourt observed: with the wisdom
# the action we have nothing to
TO-"
The court also ruled: "The du-
les of the Motor Vehicle Depart
nent, are in no way ASSOCIATED
rom the roads and highways of
he state; its jurisdiction begins
nd ends in connection with the
highways and the regulation of
raffic thereon, and no jurisdiction
therwise exists"