City of Richmond v. Pace

103 S.E. 647, 127 Va. 274, 1920 Va. LEXIS 49
CourtSupreme Court of Virginia
DecidedJune 10, 1920
StatusPublished
Cited by18 cases

This text of 103 S.E. 647 (City of Richmond v. Pace) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Richmond v. Pace, 103 S.E. 647, 127 Va. 274, 1920 Va. LEXIS 49 (Va. 1920).

Opinion

Saunders, J.,

delivered the opinion of the court.

This case is brought before us by a writ of error to the judgment of the Law and Equity Court of the city of Richmond, entered on May 6, 1919, in favor of the plaintiff for the sum of $2,777.91 and interest, in a proceeding by way of motion of J. B. Pace v. City of Richmond, to recover the above amount, alleged to be due him by virtue of the provisions of an act of the General Assembly.

The act upon which this motion is based, and which is necessary to be considered in this connection, is the act of March 15, 1915 (laws 1915, c. 85). This act . (commonly known as the segregation act) rearranges to a considerable extent the subjects of State and local taxation. The following subjects are made subject to local taxation only, to-wit: All taxable real estate, all taxable tangible personal property, as enumerated in section 6, Schedule B, of an act entitled, “An act to raise revenue for the support of the government and public free schools, to pay the interest on the public debt, and provide a special tax for pensions, and so forth,” and also the tangible personal property of public service corporations (except the rolling stock of corporations operating railroads by steam). The State school tax of ten cents on the hundred dollars on the assessed value of real estate and tangible personal property is continued until changed by law.

Subsection two-b of this act provides that on the real . estate, personal property, public service corporations, or [279]*279other taxes formerly received by the State, but hereafter to be collected for local purposes, the treasurers of the counties, cities and towns shall be paid by such counties, cities and towns the same commissions as now allowed by law for the collection of the State revenues.

James B. Pace, who was the treasurer of the city of Richmond at the time the above act was passed, filed his motion on February 10, 1919, against the city for the sum of $2,-771.91 and interest, claiming that this amount was due him from the city by virtue of the subsection cited supra, in order to constitute the same commissions for the year 1915 as were allowed by law prior to the fiscal year 1915 for the collection of the State revenues. With this motion the plaintiff filed a statement showing how the precise sum claimed was ascertained. This statement is as follows:

“Account showing commissions received by J. B. Pace, treasurer of the city of Richmond, for collection of taxes for the fiscal year 1915, under the law known as the segregation of taxes act, and the commissions he would have received for the same year under the law existing prior to the adoption of said act, on real estate, tangible personal property, and intangible personal property, and the loss in commissions sustained by the said J. B. Pace, resulting from the changes in the law made by the said act.
“Commissions received on $95,725.19, amount collected on Real Estate at ten cents per $100 assessed value in 1915, under law known as segregation act, at 2% ...........................$1,914.50
“Commissions which would have been received in 1915 real estate at rate of thirty-five cents per $100 assessed value, if no change had been made in the law .......................... $6,700.76
“Commissions received on $6,452.09, [280]*280amount collected on tangible personal property at ten cents per $100 assessed value in 1915, at 2%.............$ 129.04
“Commissions which would have been received in 1915 on tangible personal property at rate of thirty-five cents per $100 assessed value, if no change had been made in the law.......... $ 451.64
“Commissions received on $256,582.23, amount collected on intangible per- . sonal property at rate of sixty-five cents per $100 assessed value in 1915, at 2% ........................... 5,194.64
Commissions which would have been received in 1915 on intangible personal property at fiat rate of thirty-five cents per $100 assessed value, if no change had been made in the law..........'$7,175.18 2,800.69
$9,953.09
“Total amount of commissions ■ lost by J. B. Pace, as result of segregation act ...............................$2,777.91”

The city of Richmond resisted this motion on various grounds that were set out in the statement of its grounds of defense.

The determination's of this controversy involves the constitutionality and interpretation of the subsection cited, supra. The points raised will be disposed of substantially in the order in which they are discussed in the brief of the plaintiff in error. The first error assigned is that subsection 2b is a portion of the segregation act not expressed in its title, and, therefore, unconstitutional by virtue of section 52 of Article 4 of the Constitution of the State of Virginia.

[281]*281This section provides that “No law shall embrace more than one object, which shall be expressed in its title; nor shall any law be received, or amended, by reference to its title, but the act revived, or the section amended, shall be enacted and published at length.”

[1, 2] This particular section of the present Constitution is taken from the Constitution which preceded it, and has been frequently construed by the court of last resort in this State. In its decisions our court has followed the rulings made by the courts of many other States, construing a like constitutional provision. Hence, the construction of this section of the present Constitution is well established, but its application at times is difficult. These rulings have impressed the word “object” with a very comprehensive meaning, which repels the contention that the provisions of an act in aid of and related to the purpose expressed in its title are separate objects, and therefore, unconstitutional. The body of most general acts contains many provisions in detail, intimately related to the main purpose of the act, but not expressed in the title. Indeed, to incorporate or mention them all in the title would make many titles of intolerable length. If each of such provisions are to be regarded as a separate and different “object,” then all save one would be unconstitutional, even though mentioned in the title. According to such a rule of interpretation, it would follow that a general act,, such as the act to create a “State advisory board of taxation,” would be limited to establishing the board. The powers and duties of the board could not be defined and included in the main act. If such additional provisions may be fairly considered to be parts of the “object” of an act, then they need not be expressed in the title, but if not parts of the “object,” then expression in the title would not validate, or render them constitutional. The fact that an act authorizes many things of a diverse nature will [282]*282not. affect the sufficiency of the title, provided these provisions may be reasonably regarded as in furtherance of the general subject of the enactment.

“It would be a violation of the spirit and letter of this constitutional safeguard, if such a construction should be put upon it as would forbid the incorporation into the law of everything needful to the proper operation of the one subject to which it is limited.” Ex parte Upshaw, 45 Ala. 284.

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Bluebook (online)
103 S.E. 647, 127 Va. 274, 1920 Va. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-richmond-v-pace-va-1920.