Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-03-08
A FAR REACHING OPINION.


We publish in our local department this
morning an opinion by the City Attorney
which will be found to be of very far
reaching effect, if it passes the gauntlet OF
the courts to which it will doubtless be
taken. Its effect is to declare that all
church entertainments at which food is
sold. for the holding Of which no license
for ''house of private entertainment" has
given in, OF within five miles of, any city,
town or village in Virginia. The opinion
in terms is applied to what are called
''court day dinners.' in Staunton, but of
course this construction of the law. if cor
rect, applies to all such violations of it.
whether they occur on ''court day" or any
other day or night, and are all pun
ishable alike-an offense against the law
does not become punishable only when it
arouses complaint, but whenever it can he
proven to have been committed. AS the
custom Of giving church dinners and sup
pers has prevailed unmolested in Staunton
and every village in Augusta, and, we ex-
pect in every city and village in the State
where there is church, ever since there
have been churches, it is not likely that the
church people will give it up without Civ
ing the City Attorneys opinion a test in
one or more of the courts.
For ourselves, we think he gives Section
6S too broad an effect. and one never con-
templated. There is no such 'compensa-
tion' to the person Oh persons concerned
in these church entertainments as is con-
templated in this section. These persons
so far from receiving any compensation, y
contribute their own time, labor and food,
free. The money received goes to no in
dividual profit Of anybody, but to charity
and religion. The wording of the Staunton
ordinance shows clearly that the true mean
ing of the State law was understood by the
council which passed it, by Its reference to
''the annual rent or value OF the buildings
and said land" The law was clearly pass
ed for the purpose Of preventing people
adding to their income by keeping country
houses OF town houses where other people
are received for compensation which
constitutes individual profit, and escaping
paying tax to the State or city in the ex-
ercise of such a means of securing such
profit. 1t may be ahardship when persons
are paying license for certain business,
to have an opposition which pays no license,
but the State law and city ordinance quot
ed by the City Attorney does not meet this
case. The Five Restaurateurs may take
comfort in knowing that at the church
fairs held, hundreds of articles sold in our
licensed stores are sold without paying
license; but we never remember to have
heard Of a merchant suggesting they
should pay a merchants tax. The City
Mission for the Poor, that chief OF all
charitable enterprises, buys goods, has
them made up and sells them, but nobody
yet has suggested their being taxed; nor
has the fact that they occupy building
regularly and for compensation" daily sell
soup and other 'sdiet," without having
obtained license to keep house of ''private
entertainment, been made cause of COM
plant against them.
It would be quite sensation to see a
half dozen prominent church women arrest
ed and hailed before the Mayor for selling
food at public church entertainment
without getting the necessary license to
keep house of private entertainment. :"
And yet we may see this sort of thing all
over Virginia if the opinion of the City
Attorney is correct. Alas for the peace Of
mind of the official to whose unhappy lot
such duty shall be added