Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-03-13

Suppose he make the application IN due ioF'n'
and establish before the court that be is "a per
son of good character and yet the court see an
collection they not refuse na'uo'eu'e
they can and vet this license Is only Tor the re-
tail of spiritz-not to be 'drank where sold "A
privilege in regard to which it Is fairly prcsutna-
BILE the law wead not be stringent a. IN the q.
Their case Every other form Of license, except
those relating to houses of entertainment, the
sale of liquors aud the keeping Of bowling Saloons
may be obtained without application to Court.
Why did the law ordain greater particularly
in regard TO these, fit did not intend 10 confer
ON the courts discretionary powers Why not
have left these. like other licenses, 10 the com
missioncrs Of the revenue and sberifis !
Sec. H. If any person shall. without paying
" such tax and obtaining such certificate as Is
=. prescribed by the fourteenth section, sell, by
:. retail, wine. ardent spirits OF mixture thereof,
| 4. he shall forfeit thirty dollars And ifany per
son sell by retail,wne, ardent spirits or mix
- tnro thereof 10 bc drank IN at the store, or
other place Of sale, he shall, unless he be Ii
oensed TO keep nn ordinary at such store or
place. forfeit thirty dollars.
Sec 10. Upon the motion Of any inhabitOnt Of
the county corporation after ten days no
tiee 10 any merchant who has obtnined such
"oertifcate. the court which grantcdt, II IL see
" cause 10 do so. may revoke the same And, If
after such revocation, such merchant shall eel
by retail, vine, ardent spirits, any mixture
" there Of he SHALL for every such offence forfeit
fifty dollars.
The twentieth section exempts from the apPhch-
ton 9th two preceding sections, domestic liquors
in the hands Of the maker,not drank where sold.
If the offence provided against in sections IL and
10 be repeated, after conviction and punishment
for the first offence "he shall be fined thirty dol
= lars and may. at the discretion of the court be
confined in Jail not exceeding six months. Jtde
eh. 200 sec. % Chapter POD provides;
a Sec. 10. If any justice suspect any free per
son of selling. by retail wine or ardent spirits,
" or a mixture thereof, contrary to law, he shall
" summon the person to appear before him; aud
" upon the persons appearing, or iailing to ap-
" pear, if the justice on examining the witnesses
on oath, find sufficient eause, ho shall direct the
" Commonwealth attorney for the court OF his
" county or corporation, to institute Prosccu-
4" ton against such person, aud shall recognize
- the material witnesses, cause them TO be
''''''
court Mt which grand jury may be enpnnncl
- ed. Such Justice may also require the person
g" suspected 10 enter into reeognizanee 10 keep
i" the peace aud be of good behaviour, for n time
a not exceeding one year. If such reeognzance
>. be given, the condition thereof shall be deemed
" 10 be broken, If during the period for which il
=" Is given, such person shall sell by retail, wine
i" or ardent spirits, or mixture thereof contra
" ~ to law.
Another statute provides that where rccogni-
zaneo To keep the peace is required aud isnot Civ
en-, the party Of whom il Is required shall bo sent
to jail and kept there for The term of the rccog
nzanec, unless he, subsequently give itor be re
leased by the court. So that under our law, n
person merely suspected Of retailing liquor with
out license might be sent To Jail and kept there
twelve months. \ case is within our knowledge
in neighboring county of man 50 committed.
who has been in Jail two or three monthsnn may
continue until twelve months expire.
We are not aware Of other statutes relating TO
the traffic in, and use of ardent spirits, which, if
quoted, would be of use in the discussion now &, :
ing on in this city, and,indced,to greater less
extent, throughout the State. 1t may be as we'll,
however, 10 add that ntoNieatiou is punishable by
statute, and that accounts contracted for drink,
! if they exceed n small amount, tive donot remcm-
Der the precise sum,) are not recoverable by law.
We apprehend that few persons, who have wit.
messed the almost unrestricted traffic and indul-
genoe in intoxicating liquors, have been aware of
the stringeney Of the laws in existence against it
and we imagine the general conclusion will be,
that if those laws faithfully and rigidly On
| A. I
From the law givcn,we deduce the following
conclusions
LIST. That the policy of the law, as shown by the
strlngency Of it's enaetments, is against II re-
tail traffic in ardent spirits, especially when to
be drank where sold.
2nd. That the courts,n the exercise of n discre-
ton with which they vested by the law,
have the power of Withholding licenses from
ordinaries or houses of public entertainments
Bird. That it Is their duty to withhold them, or,
having granted, to revoke them, when satsfi-
ed that the object of obtaining the license is
not to provide lodging diet for travellers
but to use it merely facility for selling
wine or ardent spirits
We beg pardon of the Expressive made ne
allusion to it in the little pleasantly with which
our notice of the meeting Wednesday night was
accompanied lis editors took no active part in
that meeting showing them to be of the mites
otherwise we should perhaps have hesitated in
making the declaration and entering up the pro
test to which they ullude. The Nirginian may
| for aught wa know. IL nnnpors tn tbn,o ho ,,