The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-03-14

q DecfmDpf
set to the bar and AFTER hearing the Witnesses, the
court sent him ON for final trial before the next term
OF tne Circuit. Court. Mr.. A.. j. Crane appeared
~ his counsel
lanes Phalin, indicted for receiving stolen iron,
%ss found guilty BY the jury and sentenced to FIVE
II. Rosenfeld was fined so for permitting his
slaye, Henry Davis, to 20 at large
The Court then adjourned. les 49,
TEMPERANCE MovEMEHT.-On Monday
night last, q meeting of citizens at Saunders Hail.
on Shockoe HILL appointed COMMITTEES of Eve TO
prepare business for the Convention. That com
mittee, after brief retirement, made the following
report, which welay before our readers threads
thus. R,.s
"The committee appointed 10 prepare business
for this meeting, beg leave to submit the following
report and resolutions: 4
Upwards of fifteen thousand voters of this State
petitioned the last Legislature to submit to the
people the question of prohibiting the sale or bar
ter Of any intoxicating liquors az a beverage This
request was denied. Among other reasons for this
denial, 1t was stated In the newspapers, and on the
floor OF the house OF delegates, that the remedy
sought might be attained In this way: that the ma
pistrates comprising the county and corporation
courts, by which ali licenses for the sale OF liquors
were granted, were elected by the people and that
II the people desired TO prohibit the sale of ardent
spirits in their respective counties and cities they
could elect magistrates whose views corresponded
o.
ted and the traffic Ia ardent spirits thus prohibited
"At the term of the courts in May, 1854, many
county courts were petitoned to grant no licenses.
In thirty seven counties the petition was granted
and licenses were refused In about twenty couu
ties the petition was rejected and licenses were
granted In several instances licenses were gram
ted under the impression which very generally
prevailed at the time, that If the applicant for an
ordinary or tavern license proved before the court
that he was sober and of good character and would
probably keep house orderly, useful, and such as
the law requires and produced the sheriff receipt
for the tax imposed by law, the court was bound to
grant the license. This erroneous opinion has
been corrected by decision of the Supreme Court
of Appeals OF Virginia, made in August or Septem-
ber in 1854, in the of Samuel Yeager against
the County Court of Mason The following is an
extract from thatlcase:
"Yeaser applied for license to keep an ordinary
at his house in the town of West Columbia, in this
(Mason) county, which town is composed princi-
oaliy of foreign population, amounting TO aDoutthe
number of 900, and are principally engaged in MI
ming coal and loading and transporting 1t to C1ncin-
natl Another portion of the population Is engaged
in the manufacture of salt. The other population
of the village Is engaged in various trades, such as
coopers and other laborous trades; and that there
is and has been, and il likely to be, large 1mmi
grafton that place OF persons as well transently
as permanently The applicant had been licensed
tavern keeper for the last two years, and proved
before the court that ne Is sober man, OF good
character and had kept and would probably keep
q
requires; and produced to the court the sheriff g
receipt for the tax imposed by law on ordinaries"
The county court of Mason rejected the applica-
ton. Judge Summers was applied to tor man
damus TO command the county court to grant the
license Judge overruled the motion for man
damus The question was then carried to the court
of Appeals and fully argued before that body, and
by four out of five of the judges of that court the
decision of Judge Summers was sustained, and the
right and power of the county court under the
law, to reject any such application for llcenses was
affirmed.
1.-The Hastings Court of the city of Richmond
was not petitioned this subject, and the records
of the court, together with the books of the com,
missioner of the revenue chow that sirty three or
inaries or taverns have been Ia operation in this
city during the whole or part OF the year 1854 A.
Fitty-one were regularly licensed by the court and
twelve appear to have been assessed as ordinary
keepers but obtained no license from the court
These twelve have doubtless been carrying on their
business under their assessment and receipt for the
tax but without any license whatever.
"Of the above sixty three hotels, thirteen are on
Broad street and its immediate vicinity; and In
walk of three squares, between 9Th and 5th Streets
one may pass the doors of seoen of these tsverns
licensed by the court. That this large number of
taverns is not needed we presume cannot be ques.
toned The law never contemplated any such in.
discriminate grant of license. Who believes that
any two of these forty fifty taverns Qeaving the
ten or twelve principal hotels out OF the is) are
constantly provided" as the law requires them
to be, " Win lOQglDg ana Olet IOr travellers and
their servants, and with stabeage and provender
for their horses" IT'S clear that they are almost
without eXception) nothing more than bar,rooms
and drinking houses-the fruitful sources of miss
chief aud of evil and not hotels for the public con-
venience as contemplated by law.
'"To the traffic in liquors in another department
we call your attention. The code of Virginia, of
l649, page 20S. chap. 80, section A. reads thus
off the merchant shall desire his license to include
permission to sell by retail, wine ardent spirits or
mixture thereof, he shall pay the additional tax
prescribed for this privilege, and obtain from the
court of the county or corporation In which bis
store or place of sale Is situated certificate that
he Is person of good character and that the court
sees no objection TO such permission being grant
ed The latter clause of this section Is totally dis
regarded by the sellers of ardent spirits &c, in
this city. OF the Isl merchants who (in 1854 ap
pear to have complied with the first clause In the
above section, not ONE applied for obtained the
certificate of court required by the latter clause of
said section.
"With these facts before US, and in view of the
fact that the demand for Intoxicating drinks al
ways increases with the supply feel called upon
as citizens to have the license law more strictly
enforced, and to have diminished the number of
licensed taverns-we therefore offer the following
resolutions:
Resolved, That committee of five be appointed
to prepare petition to be presented to the Rich.
mond Hastings Court. asking that licenses be not
granted to but those who are known to keep ac-
commodations for travellers, etc.
Resolved, That the same committee cause the
said petition when prepared to be circulated among
the citizens for signatures.
Resolved, That the same committee be instructed
to have the said petition properly presented to the
Court.
Resolved, That the attention of the proper autho-
rites be called the failure of vendors of ardent
spirits to obtain from the Court the certificate
aured by the 4th Section of Chapter SO of the Code
Of 1849.
Resolved, That we respectfully request and ask
the hearty and earnest al of representative in
the City Council to prohibit by ordinance sale of
ardent spirits ON the Sabbath day, by ell licensed
drinking houses within the corporation.
The last resolution was advocated with much ear
nestness by Mr. A. A. Hughes, who had seen the
improprsty permitting drinking houses to be kept
open on the Sabbath day.
The following gentlemen were appointed a com.
nittee of five under the first resolution Col. r j.
Evans. DR.. Jane. Bolton, DR.. ?. Trent, and Messrs
A. M. B alley and J. w. Lewellen.
On motion, the Chairman and Secretary were add
ed to the committee.
The meeting then adjourned.
AocrDENr.-Yesterdsy morning, as Mr..
Robert W. Gooch passing up Main street, a
large dog against him when opposite the store of
Messrs Kent, Paine L. Kent, and tripping him threw
him on the pavement, twisting his right ankle out of
place and fracturing the small bone Mr. g was i'm.