Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1886-07-15
MlSCELLANE0USNEWS
MILLIONS IN 1T.
Chancellor Merritt Gives a Decree A gainst
the Druggist-A Decision IL Upheld
With will Ruin Many Dealers.

thahcehor Morritt Gives a Decree A Against
the Druggist-A Decision if Upheld
With will Ruin Many Dealers.
Nashville American July 1si. A decis
ion was yesterday rendered In the Chan.
Gerry Court. involving the interests of Ten
nessee druggists TO the extent of nearly
$4,000, ,OOO.. A bill was filed a number of
months ago, against Demoville & Co.,
Jno. NJ. Younglove, Wharton & Co.,
Campbell Bros, and Greener & Co.,
leading retail druggists of Nashville, to
compel them TO pay the special State and
county liquor tax levied upon all drug.
gists by the Legislature, to include 1882,
and subsequentyears. The act in question
was worded to apply to, and include all
retail liquor dealers and druggists, who
sold intoxicating liquors or preparations,
of which alcohol, whisky or other intoxi.
cant was an ingredient.
The druggists of the State have, with.
out exception, ignored this law. In conse.
quence, Mr.. j. b. Daniels, representing
the State of Tennessee and Davidson
county, filed the bill referred to, and
tested the enactment before the courts.
When the cause came to be heard, week
ago, by Chancellor Merritt, the defend
ants were represented by Judge L. II.
East and Col. Thomas Malone, two of the
leading attorneys of the State bar. Able
arguments were made and the entire mat.
ter taken under advisement. Yesterday
however, Judge Merritt decided the case
Tor the complainants, holding the five de.
PENDANTS Jointly liable 10 the State for
$4,000 and to the county for $4,000 being
the amount of the aggregated licenses for
the years, including and subsequent TO
1882.
Judge Merritt agreed TO remit all inter
est, penalties and fines for the non pay.
ment at the proper time of the tax.
The law, thus construed, requires every
druggist in the State to take out a retail
liquor license, the same as is required of
retail bar-rooms and saloons. This is
5000 for State license and $3.50 for county
license, or $3.50 per annum for this "spe.
cial merchants license as it is called by
the court Mr.. Daniels, the attorney who
had filed the bill, stated last night to the
american reporter that there arc 1,4OO
druggists in the State, and each of these
is indebted to the State and county for
back taxes or unpaid special liquor priv.
leges, the sum of 81 400.
This shows that the druggists of the
state, as q body, owe for retail liquor IL.
cense for the past five years the enormous
sum Of 81 100000.
why, how do druggists violate this
law, framed to prohibit the retailing of
liquors, and in what way are they lable?'
was asked Of Mr.. Daniels.
They violate It every day. They can.
not sell an ounce Of tincture of camphor,
extract of white rose, or tinctures of any
! kind without laying themselves liable
They owe this money and will have to
pay it,
"Is there no relief? This hardship was
certainly not contemplated by the legisla.
ture that passed the act?'
''The defendants may take the matter
to the supreme court. suppose there's
no doubt but that they will. | don't think
they will secure different construction"
is the matter ended 80 far as you are
concernedl"
mo, sir; not all. Judge Merritt ex.
cused the defendants from all interest,
penalties and fines for failure to pay these
licenses when due. / shall appeal to the
supreme court on that question, and see
II they cannot be made to pay these pen
alties."
IL the attorney be successful in this ap.
plication, the debt OF the druggists, as
may be seen, will be materially increased
The reporter, later, met leading drug.
gist and asked him what would be the eff.
feet of this construction of the law by the
courts.
Why, there can be only one effect. II
will shut up more than half the drug
stores of the State. The percentage of
those who can not afford to pay the 81 400
is large, and these owners will have, !
suppose, to see their stock 60 to the high
est bidder under the hammer of the sheriff.
Don't you see, 1t not only lays each of us
liable for the 81 400, with penalty, inter.
est, etc. possibly added, but requires
each of us to pay $3.50 per annum In the
future. The wealthy proprietors may
bear 1t, but 1t will shove the poorer ones
to the wall.
TMs requirement to take out regular re-
tail liquor license will enable the drug
stores to sell whisky, beer and the like by
the drink or bottle, and will create "com-
bination' stores without number.
Mr.. Daniels, In his conversation, stated
that proceedings would of course be tax.
en- against all of the druggists in the
State.
whisky Flows Again In AtIapt,