The times. [volume] (Richmond, Va.) 1890-1903, 1890-04-29
LICENSE REFUSED.
The Excise Board Declines to Give Hea-
sons for It.


with money "f0r identification and vertical.
lion." Upon being asked by Mr.. Guigon II
the tender of coupons by Nr. DaNisi was
the reason Of the disapproyal. Mr. nam
berlavnc replied. "Tho Board refuses the
application. and formally declines % say
whether the tender of coupons was the cause
Of the refusal or not. The Board refused the
application for reasons satisfactory 70
themselves"
Mr.. GuicOn said: "Mr. Chambcrlayne loi
me remind YOU of your promise that II there
was any doubt I'm the minds Of the mem-
bers offhe board as tO the character Of the
applicant or the suitability and appro-
priateness Of the place Of business, tne
board would give an opportunity to miro
duco testimony. and that II the board had
any doubt as 10 the lawicited by him they
would consult some law officer OF tho
Stato.v
Mr. Chamberlayne replied that he had no
recollection Of any such promise, hut tnat
the decision Of The board was fnal. and that
they.would give no reason for their eouclu-
sion.
The history Of the case was given last
night as follows;
Mr.. A.B. Cuigon appeared before the Board
OF Excise Commissioners on Iueso"N even
ing the 22d instant. 90 o'clock. at thcif
Office iu the State Capitol, TO make anpilc
ton for license In the name OF Cabell DfNis,
whose bar Is situated under the American
Hotel I'm presenting the application, Mr..
Guigon presented the following argument;
Mr charm an. I congratulate ny scN lNht
the first application for liquor license, ailyt
a tender OF coupons. lu this ~.oIc, IS ihau'
before this board whose members are known
20 be iuSt men. pnd ut whose hands every
citizen can anticipate the utmost fairness.
shall be Obliged 90 urge thls alpucauon more
formally and at much greater lcnsih tnan
otherwise should. cOncciNlng. MS dp, lhat II
is matter - iar-renchlng importance. ana
that the precedent here established VIII pro-
hably be followed b. other boards through
out this state.
I'm the out,ot. It is useless for MS "a ignore
the fact that 10 was The purpose oi the lthmtiH
of this law. rs shown by the arguments lh
the Legiaiaturo upon ITS passasc. to prevent,
rs far as might be, the use OF coupons IN lhe
payment OF licei scs 'or the sale ui liquor
il 4; also useless for ms 20 lngnuft the
fact that the element of fear was relied upon
10 influence he taxpayers and TO dlssnaoe
them from attempting the use or coupolH,
I'm this particular the purpose OF thls law ls
dual. I'm the first place 10 dissundes appilcinls
from the use Of coupons through l'af OF
possible refusal Of their license ana ln me
second place 10 Wus hoped that Boards or
p Ncisc Commissioners cOull bee found ln a.
riOus parts Of this state vino, upon hearing,
would ignore the rights of aNpayei- una,
the law. and ultimately decline tp grant De
censcs where coupons had been rendered.
Ihelicyc gentlemen, that II Is uh'A ntcc>-
Sary for us To- bring 10 your attention the np-
plicntiOn of party whose character rs above
reproach. and whose place oi business ~
suitable and convenient % obtain ut Noni
hands the approval that the law conlcm-
plates. with the utmost respect lut tuis
Board. Individually and collectively, desire
very earnt silly fO call your attention 20 MnaI
: conceive tO bee your duty and your ilshi 3
under the law. Ina ihe nisi place. would
call yOurattenuOn 90 the oath OF oiiice which
you b we each taken. hHd 10 urge upon you
..I.. fI..s. HH- F.I4H INN N &
sworn 90 support and maintain the laws OF
this state. and tO faithfully D fiufm the duties
Of your Office. 10 hehooNts ts, therefore, ~
consider what are the duties 90 your once
and what are the laws Of the Statcappeftain-
ing thereto. section .. of Gina ter ll3, OF tine
Acts Ol the last Legislature, set, lpill very
fully the duties and authority OF this Doiid.
You are required 10 Enquire mo thr chhl''-
ter OF the applicant. the suitability. conNen-
renee and appropriateness ot the place hl
which the proposed business is 10 be coniuf-
ted, und the general propfley oi hppioNln-
the uunlIcafiOn.n And 'Hfter hearing nil ihc
testimony adduced for and against an appli-
cation ana making the investigation ntcfS
sary tO satisfy themselves on the matter i'-
frrred 90 their discretion. the hoatd may a.
prove or dlsapurONe ne nNpictioh.
In this ease I am prepared with the fullest
testimony as tO The character OF me npuli
cant and the suitability, the convenience hnd
appropriateness Oi ihe place where ne pre-
poses 10 conduct his business. lam prepared
myself " the board desire it, 10 testify in be
half OF this applicant as 10 those various nee
quisitcs And If the board should have any
doubt as 10 these points, earnestly ssk an
opportunity Of introducing the testimony ui
a number OF witnesses, as the law contem-
plates
!. therefore. will consider iu this arr ...., 80
only the last clause OF TINS section onst is 10
say, "thc general propfiety OF gr miinss ih'
application ~ YOU refuse This license. you
must face the issue which coniionts you, and
/ be prepared 20 say tO the world that 10 would
he Improper to grant this license, aud that
s'it seems right and proper to refuse the APP
plicatiOn. And presumlns always mat B
/ have satisfied the board as I'D the character
| OF the applicant and the suitability, Nc., oi
/ his place Of business, the only possible
| ground for such conclusion would De The
| use by the applicant of coupons oiiert q
along with his money in payment Of mis-
/ license tax.
\ BY sections 53j-O and and sections 1867
| and Of the Code Of 1887, every taxpayer.
/ whether If q license tax or otherwise, Is au.
thorized and empowered 10 tender coupons
for Identification and yerlhcation along with
/ the amount of bis tax DOB money, ana tlis ap-
plicant has complied strictly with the law, az
! shown by the ile1sulcrs receipt. is irs
boafd prepared u say iudicially. ns 10 must
II 30 refuses this application, tnat the use
/ Of coupons contemplated and provided Tor ly
/ the law OF this state constitutes such An Oi-
lection as would render Do improper 20 gram
This apDilcafiOu9 I say re- ptcffulIY, hul
earnestly, to this buard that they have not
| the right TO consider what Is the policy OF the
/ dominant party in this State nor the ndFnn'
tnge or disadvantage 20 the state from tne
use OF coupons, but must confront the ISSUE
fairly and sQuaroly and c0nilno themselves
10 10.
propose 10 use the state'e coupons in the
psymeut OF my license tax according 70 thi
/ state law, and so DO many of our citizens
and no man and 10 court can prevent as
VIII you take ffOm the dealer ln liquor The
/ rights that he ha. under the law IN common
/ with every other citizen 0f this state, ana
| say o. him: "Bcclusc We have the power "a
So we viii Will force you tu ipre-O the adj
/ vantage you would have by the use Of cou
/ rOus while your fellON-cltiIcrs of every
class avail themselves without hinuanc'
or mOlestntion of their flshiS under tn'
laWs?" VIII you say 10 him: "Bccnuse 'Oi
seek 10 avail yourself Of fights offered on,
guaranteed you by The Jaws OF your State. W.
Will cover you with odiun ana declare &
the world thaf 10 II Improper q grant yoi
your ncense?" I cannot believe that lhl
Board will 80 far disregard the laws Of thi'
state, their official duty ana the oatbs ID
Office which they.haye taken and subscribed d
nor can believe that they will subject any
one class Of our citizens TO this odium ana
this injustice. Ia concl-alen, / cam
estly ask that you give TO fhi
application that calm. that disDassionate an'
that judicial consideration % which m,
client Is entitled, and which / believe yoi
will bc only too glad tOaccOrd to him. Should
you have any doubt as 10 the law that h0vl
cited ] shall be- very glad 20 meet tho Aifor
ney General or any law-Oflicer of the stat
In argument before you.
yr. Chamberlayne. chairman Of the Board
/ replying TO Mr. bulpon. stated that the arpll
cation would be taken up in Us regular or
der and would be decided probably saturday
certainly by Monday, 10 which Alr. oulgui
answered that as there were a number o
other parties awaiting ihe result ~ This tcs
case he trusted that the Board would act "a
promptly as possible. Mr.. 1hambcriayne re-
piled that the Boaid would give me eise nu'
/ confederation, anf might 5c able 90 decide !
b, Friday, and certainly boy SATURDAY, an'
would leave the papers with the Treasurer
Al this point Mr.. ChamDefltyne salO: "6eh
tiemen. we would be elad 10 nave you Will
rs Longer. bui you realize that the sessions O
This boarl arc secret Wherccpon Dir. Cur
gon retired.