The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1891-04-23
THE LIQUOR LICENSE CASE.
The Jury Gives Verdict Against the Town.
An Appeal Taken.

The case against the Town Council h.!
the LIQUOR dealers for a repayment ofal
excess of license, as they claim, men
toned in The Herald and News some
time ago came up before Justice May
bin last Friday. George :. Mower, at
torney for the town council, interposeC
, all oral demurrer to thecomplaint or
two grounds: That the court was with
out jurisdiction and the complaint die
not state facts sufficient to constitute g
cause of action. The argument Of this
occupied about four hours, but the trlal
Justice decided be had jurisdiction and
the complaint was oil right, and at )
O'Clock the case went to the jury. After
the plaintiffs closed their testimony the
the defendent made motion for non
suit, which was refused byJustice May
bin. Defendant put up no testimony.
After argument by counsel, the jury
returned a verdict for plaintiff. This
verdict requires the town council to re-
fund to bar rooms 500 each, paid under
protest, excess license, as they claimed.
There are nine bar rooms, and this
verdict takes $500 off the revenue of
the town from this source. The attorney
for town council gave notice of appeal.
The Herald and News gives below
the grounds of appeal as filed by the
attorney for the council which will
give an idea of the points upon which
the town rests its case and also the
points raised by the defendants.
l. Because the Trial Justice erred in
deciding that he had jurisdiction to try
this cause.
3. Because the Trial Justice erred in
overruling the demurrer ofthe defendant
to the complaint herein that the COM
plant did not state facts sufficient to
constitute a cause Of action.
8. Because the Trial Justice erred
in overruling defendants motion for
nonsuit.
4. Because the Trial Justice erred
in refusing to charge the jury as re-
quested by the defendant that where
the charter of municipal corporation
does not prescribe the method or man
ner of the exercise of a power it may be
exercised by ordinance, by resolution,
or by bylaw, or by motion.
5. Because the Trial Justice erred 1n
refusing to charge the jury as requested
by the defendant that the Town Coun-
Gil of Newberry, if sitting in official
session on December, 81, 1890 had the
right to fix the price for license issued
to the plaintiffs to retail spirituous
liquors for the year 1891 by viva voce
vote.
6. Because the Trial Justice erred
in charging the jury that ''if the town
council had fixed the license at S4OO, by
ordinance duly ratified and published,
they had no right to ignore that ordi-
nance and increase the license tax, but
in order to increase the license tax
they should have repealed or amended
the said ordinance by another ordi-
nance"
7. Because the Trial Justice erred
in charging the jury that IAN oral re-
solution of the town council adopted
by a viva voce vote and not reduced to
writing is not all ordinance, without
charging at the same time that such a
resolution so passed fixing the price of
the license to the plaintiffs to retail
spirituous liquors for 1891 had the same
force and effect as formal written
ordinance (under the power to regu-
late the price of licenses given in the
charter of the town of NeWberry.)
S. Because judgment should have
been rendered for the defendant.