Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-07-13
Is, 1886.
The Fredericksburg Cases.

Since writing our articie Vi Ou"u"J
touching the revenue cases recently de-
cided in Fredericksburg, we have come
into possession Of all the facts con-
pected Herewith. Those facts fully
sustsin what We said on the subject;
and we think our readers will be inter-
ested in fuller statement Of them.
In the Corporation Court of Frede-
ricksburg, on July 9th, some twenty
retail liquor.dealers were arraiguod be-
fore Judge SLAUGHTER on indictments
charging them with selling liquor with:
out licenses.
The defendants pleaded that they had
rendered coupons in payment Of the
sum charged by the State for the privi-
lege Of selling liquor, and upon the
treasurer's refusing to receive them had
proceeded to sell without the required
licenses.
The Commonwealth, through her
attorneys, Messrs. MASON Of Frede-
ricksburg and W. R. MEREDITH Of
Richmond, moved to dismiss the plea
because it did not set upa good defence
sufficient in law.
In one of the cases the questions were
deliberately argued, the counsel for de-
PENDANT insisting that the cases came
under the case Of Royal Us. Vtrg'H'a'
and that the tender of coupons was q
protection from lawfal prosecution.
The counsel for the State argued
LIST. That there was plain distinc-
ton between this case and that OF
Royal rs. Virginia, and that cases OF
the class under which liquor-selling
came were expressly excepted from the
opinion Of the Supreme Court Of the
United States in the case of Royal u.s..
Virginia.
ID. That the regulation of the liquor
traffic coming under the police power
of the State the law charging for the
privilege Of selling liquor was priuari'
" a police regulation, and though 1t
brought revenue into the State il was
not 4 tax. and, therefore, WAS not pay
able in coupons.
Sd. That the payment of the spe-
ci6c sum, whether in money or IN cou-
pons, was only one Of the six or seven
conditions precedent attached by the lss
to the privilege Of selling liquor that al
these had to be fulfilled before defendant
could lawfully carry on the business
and before he could properly justify
himself for selling without the re-
quired license. That Of those six oil
seven conditions the plea set up only
one-namely, the payment OF the IL
cense fee, and that in coupons, and
therefore the failure or inability to SO
forth in the plea the other require
ments Of the law make the plea insuih
Gent, and therefore the motion to dis
miss should prevail.
The judge sustained the views OF tn
Commonwealth and dismissed the plea
whsreupon the defendant came forwsrl
and agreed to pay the required amour
in lawful money, and also the costs
the suit, amounting to $500, an
thsreupon the other cases were notl
prosecuted.
This decision Of Judge SLAUGH
TIERS caused to be paid into the tres
ury of the State at least twenty-dv
hundred dollars, besides preventlr
any attempt on the part Of the liquor
dealers of Fredericksburg to sue tn
State, had they been so inclined. b
the important aspect Of JadE
SLAUaHTER's decision is that it vi
tua'iy settles it as Law in Virgins tn
liquor.dealers have not the right
pay their license taxes in coupon
Henceforth We trust that no su
attempt will be made, but If made
are sure il will not be successful.