Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-03-16
A SCHEME EXPOSED.
AN ATTEMPT TO MAKE LIQUOR
DEALERS LAW-BREAkERS.
A Circular for Private Distribution Falls
Into the Hands of 80 and Is
shown Up.
RICHMOND. March u, 1890.

think, stand "a high as any IN the trade,
have called my attention to printed CIR
eul9r which accompanies two papers OF the
richmond TINES that are being circulated
among their people. Each paper contains
An editorial attacking the statute which
mas oecn passed by the late Legislature,
and which is known as the ezcise law.
These two articles are commended TO the
puDhc by the circular as coming from
perfectly impartial source, the Times news
paper 1t is we'll known that that news
paper Is owned and controlled by Mr..
Joseph Bryan; and TO show how perfectly
impartial he, and consequently his paper
IL, 1t IS not alniss TO give the following ex-
tracts from a letter OF his. published in the
Richmond Wing of February %, 1857
" Tho proposed RiddIeborger settlement
mas utterly foied Of is purpose NJ ~ Jdcto sst-
uoment It Is crumbinG and sinking under
the weight Of injustice and bad faith with which
1t has been branded.
"A eucces ion Of laws have been enacted, which
IS solemn legislative enactments OF deliberate
falseho0ds and continued and disgraceiul o.
forts 20 hinder, delay. and defrsud creditors,
perhaps stand unparalleled Gu the statute books
ton OF the rights Of tho bondh0lders was pal
pablo aud garing falsehoOd not for an instant
conc:eeling she tras intent 20 destroy Them
NC fUfft OF SUCH lfklaitLDus hvFyAtNA0ty
based on faisehooi. anl recklessly boot on con-
summating wrong unprncipied me-
tlOds'
And on March 18th of this week the
Times contains an article in praise of the
Council of Foreign B0ndholders, whose
insolence 90 the State through Mr.. Braith-
waite IN the conference with our debt COM
missiOncrs and whose disingeniousncsS
through Sir Edward Thornton and Mir.
Irgft -. hnrt. mot lQnu fCrUnttpn
The statement from that perfectly I'M
partial source that this legislation aims at
putting the liquor-dealers IN class by
themselves and making them the victims
of the odious act which Is applied TO 10
otner persons ~ historically incorrect. On
March 10. 1854, a law WAS passed requiring
that al tc-psc fGrcs shall lie paid IN gold or
silver coin, United states Treasury notes,
or nati0nal-bank notes and not in coupons
and another act passed on March Z, 1882,
to regulate the granting Of licenses, like
wi9e furbids the payment OF licenses Ia
coupons. see Moore rs. GreenhOw ia,
United States Reports $780,.
So, A. amatter OF fact. the interdict was
not applied exclusively to hquor-dealers
until by m usUrping decree OF tho Su-
prene Court oftne I'nitel States rendered
possible by the sOmersault Of that Judi
ciol acrobat (who gave him that tItleD,
the late Nr. Justice Mathews, those laws
were declared nconstltutional-a decree
which every man knows was rendered
against the Constitution. but according 20
the precedent of an enron ous decision,
which lawyers claim can e. tah.ish Jaw IN
spite OF constitutions. Tho Court who de-
cided the case. going % the ABSURD length
of declaring that the state lAd passed no
such laws, because 1t could not 90 IL con-
stitutiOually, which tho very man that
wrote tho opinion know % be untrue at
the time he penned IL, for he had previous
Is decided iustOppOsite IN % Virginia case,
An:oni rs. Greonhow, only a couple Of
years before.
The circular says:
"A packed Excise Board i8 expected TO refuse
the most reputable citlZ0u 4 licenHe 10 sen
liguCr without assigning any reason Tor dong
of be has PAID his iiceuso-iax 10 coupons;
while oil other citizens are lett a. liberty 20 pay
their taxes with coupons"
On this observe in the first place that
this contains another misstatement OF TACT.
There is not "a citizen OF the state who IS
nj liberty 20 pay his taxes with coupons:
The law does all It can to prevent II; II
subjects the taxpayer 10 all the preventive
litigation 10 can impose; ana ~ case OF
licen.e-taXes 10 makes them payable quar-
terly. so that the amount due each quarter
is too small % allow the purchase OF cou-
non and payment of the expenses OF Yeri--
fying IT.. And remark. in the second
place that public opinion regards WIN
equal odium the men who embarrass tne
state and help Themselves by pay ing ther
taxes in coupons and saving one halI 'oi a
burden that their felloW-citiZens bear with
ont diminution, whether the perpetrators
be Eouor-dealers or church-mcmberS.
The Wspd'ch generally knows the publlc
sentiment pretty well. and II Sald IN May,
1890, " if We we're county or corporation
iudge no u rson within the jurisdiction OF
our court would be recognized as a ut per-
son to sell LIQUOR who has tried 10 pay ms
taxes in coupons" This remark. OF the
Dispafch's led 20 inquiry when disciOseu
that there were judges on the bench VINO
We're so well KNOWN to be opposed 10 erant-
inc licenses in such cases that no lquOr-
dealer dared te2der coupons IN thelr
courts and when tho point was made that
man who was protected by the State with
n EcaDse-thgtis. an exclusive priyllege-to
conduct a business whose prohts are
never less than 50 per cent, ana OFTEN
very much more, was not nj 10
have such a privilege If ne used u 10 inc
injury OF his beneiactOrs, the D1Spdtch en-
dorsed it and said It was the pam anq
commanding truth" Bur the DtSpd'c9'
presume. would have applied the same
rule TO all other licenses II 1t could
In the fear of such n wholesome and per-
e,,osivo restrairt the circular advises - all"
ina liuuor-dealers TO " stand together and
To resolve 10 pay your taxeswith coupons"
and so, I suppose, put INTO the hanus OF
prohibition and nigh license an argument
stronger than any they haye ever had up
TO this time.
all citizens who deal in liquor" The pre-
amble Of the law assigns this reason Tor
its enactment: -,
{" Whereas there exists in the cities Of the
Commonwealth a growing dissatisfaction
with the system under which licenses Tor
the sale of ardent spirits are granted; ana,
whereas the Legislature recognizes the
10 tice Of the urgent and imperative de-
mand, growing out of this dissatisfaction,
for a change in the present system, and is
disposed 10 surround the granting OF tnese
licenses in large municipal corporations
with all the safeguards 81 gested by an
enlightened and progressive pOllcy, there-
fore: dc.
Whatever the real motive Of this pre-:
euble contains the truth or not, many OF
US who are totally opposed TO prohibition,
as we are TO any other form or macnine
morality. and who look upon the question
Of high or low license ~ merely one Oh
finance, do recognize evils III the present
system of granting licenses and we would
taken away from the judges OF the county
or municipal courts and given TO Excise
Commissioners. For the applicants may,
and frequently do, have an influence wElch
a judge may be tempted to consult. But
the Office Of excisemen Is not so valuable
as 10 tempt the incumhents 70 yield to an
unfit applicant from any advantage likely
10 accrue TO themselves. And the ann ot
the law appears 30 be 10 make them per
fectly independent. If they think
proper to grant the license in any case they
endorse approved" with tho signature
of the chairman; and applications dlsap,,
proved shall be endorsed "disapproyed,"
with like signature. They are no more
compelled to give reasons for thelract than
is a court. and they have the same night TO
impose respect for their opinions.
But as it stands, there IS no more stigma
in the new law than there was in the old
for the law has always put the retail OF
liquor under police surveillance. by re-
curing evidence Of the fitness Of the man
and the suitableness Of the place 10 sell
liquor. See Code of 1873, page 326;, Al!
that is done now is 10 change the trlDural
that decides these points, and II that irl-
bunal shall decide that a man VINO, pays MS
license in coupons IS not TIT to sell hquor
it will do well and meet the public appro-