Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1882-02-17

The County Courts and Liquor Licenses
The following bill, introduced by Sena
tor Koiner, of Augusta, and intended t.
restore to the county courts the old-tim
discretion as to granting licenses, came VI
in the Senate, Friday. Mr.. Koiner sail
that many county courts construe th'
present law to compel them to grant licen
ses upon application and proof of charac
ter. He asked that this bill be made thu
special and continuing order for the fol
lowing Monday at O'Clock.
Senate Bill No. 145, to Amend and Re-enac
Section 2 Of ON Act Approved March 8
1851, imposing Tao and Prescribing
Regulations for Collecting the Same, on
the Privileqe of Selling Wsne, ARDEN
Spirits, or Malt Liquors, dc.
l. BE it enacted by the General Assembly
That section 2 of an act approved March
3, 1880, imposing a tax and prescribing
regulations for collecting the same on the
privilege OF selling wine, ardent spirits, or
malt liquors, &C., be amended and re-
enacted SO as to read as follows:
~. ANY person. club, or corporation
who desires a license to sell by retail or to
keep bar-room shall FIRST apply therefor
to the commissioner OF the revenue for the
city or county, who shall assess them with
the proper license tax to be paid, and they
shall then pay the amount OF said tax to
the treasurer or other collecting officer,
and take his receipt for the same on the
certificate furnished by the assessor, and
shall present the said certificate 80 receipt
ed TO the court of the county or corpora
ton in which it is proposed to conduct the
business; and il tae courG be fully satlsd-
ed, upon hearing the testimony for and
against the application, should any be Of
fered, that the applicant is 8 dit person,
and that the place of business is suitable
and convenient, it may upon the execu-
ton by the applicant of u bond, with good
security, payable 60 the Commonwealth OF
Virginia, in a penalty of not less than one
hundred nor more than five hundred dol
lars. conditioned by the faithful perfor
nance OF all this requirements Of this act,
grant such license; and thereupon the
commissioner OF the revenue shall issua
the same in ouch form as may be pTescrib-
ed by the Auditor of Public Accounts Ii
thu County Or Corporation Court shall re-
fuse to grant the application the tax shall
be refunded. and the party aggrieved may.
during the term at which such refusal is
entered. appeal to the Circuit Court of
ndlo CONuuJ vi pVl duIO1. IL OCA LII JILL Q
or vacation. and the judge thereof shall
take cognizance Of said appeal, and may
grant the license upon the terms required
by this act. All bonds taken under the
provisions of this act shall contain a
waiver of homestead.
8. This act shall be in force from it's
passage.
Mr.. Riddleberger, regarding this as an
other local-option proposition and as
threatening diminution of the revenue,
opposed it.
Mr. Koiner. on the contrary, held that
the taking of this wise discretion from the
County Court was the cause, or at least
largely the cause, of this local-optioh
movement.
Mr.. Bailey (Readjusterl favored thu bill,
knowing that in some counties the judges
held that by the change of the word,
''may' to ''shall'' they had been Invested
of discretionary power in the premises.
Mr.. Glasgow wanted the County Court
to have complete power in the prem ises
and no appeal to be allowed thersfrom.
The bill was made the special order fol
Monday