The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-01-13
THE REVOKED LICENSE.
Is the Transfer Legal or Advis-
able.
THE JUDGE ASKS FOR LAW,
A Large Crowd Hear the Revoked
License Transfer SystemOis-
cussed--The Issue Squarely
Made and Decision
Reserved.

| Reserved.
| The discussion Of matters relating
to the sale of liquor always attracts
large crowds in Norfolk. This is
| doubtless due to the conditions
which exist here. the like of which
no other city OF the country is So
badly Affected. The people OF Nor
folk for more thau two years have
been striving to curtai in some
legitimate manner the influence ex
ettsd by the liquor traffic, which
had spread ont its wings aud cncom
passed the whole municipality, with
the exception of Bran bieton, u veri-
table oasis IN the great desert OF
loose and careless control.
| The many evils of which the peo-
pie complained, they believed were
the natura! products of the re-
voked license transfer system.
which enabled the man detected in
violating the law, TO secure dunn
mics and continue the business ad
inhnltum; that many such transfers
have been made is not denied by
any, and have caused more than
once, vigorous protests from
the press, pulpit and people. Many
OF the best Judges OF the country
believe the policy unsound In law,
aud the community have denounced
the decentralization resulting from
the practice.
THE ISSUE.
Some weeks ago Judge Brooke, OF
the Corporation Court, revoked the
license OF NJ. Enright, of Atlautic
CITY ward. for selling liquor to
minor. lie at once applied for a
transfer of his license to n person
twho IT was supposed would measure
up to the requirements of the
statute. Tue people of Atlantic
CITY ward protested against the
transfer aud appeared before tue
Judge OF the Corporation Court and
secured continuance.
LII the mean time Judge Brooke
retired from the bench and the issue
came up yesterday before Judge
Hunokel.
THE ARGUMENT.
MIR. j. G. Tilton represented the
petitioner, Mr.. 5. W. Small the peo.
pie. The announcement that the
question would be argued. aud that
Judge Hanckel would desire nll of
the legal light the attorneys could
furnish, attracted large and curl
! ons crowd. III presenting his peti
tion Mr.. Tilton argued that there
was property right in the license.
and though the Court conld with
draw the privilege ii could not de.
stroy the property which the liouor
dealer had right to transfer to
other persons acceptable to the
Court. MIR. Tilton submitted as n
part OF argument Il letter written on
the subject by Mr.. w. II. G. Ellis.
MIR. Small opened by saying that
he had listened with pleasure and
instruction 70 the argument of his
young friend and to the joint argu-
ment of Tilton and Ellis.
\ PECULIAR BUSINESS,
lie dwelt upon the fact that the
liquor business is II separate busl.
ness, peculiar business, with pecu
liar dangers and surrounded with
restrictions that are properly I'M
posed; that the liquor license is a
privilege, not right, granted by
the favor OF the court, which priv
.ege ran be extingulshed altogether.
re insisted that revoke means to
take a"ny the personal privileges
the holder has IN the license; that
the transfer OF the license is only bv
The further grace of the court aud
such transfer Is OF o license that has
not been questioned al approved
iicence; that the holder of revoked
- NJ
privilege granted him by the sover.
elgh: that the tax collected for the
license Is not au exchange between
the sovereign and the holder of the
license; that taxes are collected,
As CONTRIBUTION
and not as an exchange of
values; that the holder of the
license has not received in exchange
for his money value that is trans
ferable; that q license revoked is
"dead."
Mr.. Tilton closed the argument.
lie insisted that the revoked license
has property right that can't be
taken away from the holder: that
the Court sits in Judgment to decide
whether the holder of license is a
proper person to sell liquor. and
whether the place at which the
liquor is to be sold is proper place
for Its sale, and that when the Court
fcvoNes the license 1t only says that
Tue privilege to conduct the business
has been revoked.
Inc judge requested that each at.
tofney submit briei, which will be
done,. when Judge Hanckel will rem
oer MS decision. The poverty of law