El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-02-04
ONE OR TWO ESTABLISHMENTS.
City Attorney Kemp Reports in the
Dieter Saloon Matter.

Dieter Saloon Matter.
Tie city council met last night in
the county court room, with q full
board present. Clerk Catlin reported
tweniy-one building prints issued in
January, with SIS Is of the proceeds
belongir g to the city. Referred to the
building committee
City Attorney Kemp renorted on the
Dieter saloon matter as follows: Some
time ago, question was referred 10
| me. as understand it, concerning the
right OF ]. p. Dieter to conduct the
| LIQUOR business in the saloon on the
corner of Ell Paso and Overland streets,
and also in the store room north OF
aud Immediately djacent thereto
under one wholesale and re-
, ,al license cen .., and S ooGePa 'aod
it," for the papers submitting the
question have never reached me, and 1
may possibly be in error as to the
| q uestion submitted. ASSUMING, hOwev-
| er, the proposition as above, L reply as
follows: 1t depends Oh the question OF
fact whether Mr.. Dieter is conducting
only one or two separate establish
ments. Article 5000 A of the revised
civil! statutes of 1895, as amended by
chapter 1853 of the acts of 1897 provides
| that every person, etc, selling lilo uors.
capable of producing intoxication, in
quantities of one gallon or less, shall
pay an annual state tax of $500 ION each
| separate establishment" and for SELL
ing such liquors in qualities of one
gallon or more $500 on each separate
Establishment. Under article 5000 b,
r. S., 1895, the city can levy the same
TAX that the commissioners court
levies as cour ty occupation tax which
may be a tax equal to one halt
of the state tax. Article 5000
&c, same code, provides that
liquor dealer's license shall designate
''the particular place and house 10
which the liquors are to be sold," and
the penal code, article All b. ma kes
it a penal offense to sell in any other
license. Evidently, the law intends
that the tax indicated INST be paid.
ION each separate establishment" but,
| what ia q separate establishment" 1.
q quee ton of fact. liable TO arise in
each case pre- scented, and must be &c
termined under the facts Incident tc
each case. AS am not Informed suf
6ciently on the facts of Mr.. Dieter's
case can only say, that if in truth the
saloon is separate estab' ishment from
he other business house, or room, in
which Dieter sells liquors at DO, b
xholesale and retail, then the tax
ought to be paid on the saloon: and
also, retail and wholesale tax ought
to be paid on the o.her room. But or
the other hand, if the two rooms, the
saloon and the other, only constitute
one establishment, then l think one
wholesale and one r, tail tax Estate
county and city, would cover both.
This report crelted a discussion as Il
what constitutes an establl ,hmt Mt and
much counsel was very much darkenec
by words without wisdom. The pro
ceedipgs of the council under this b ca
we're made more or less pyrOtheptic by
sky rocket tilts between Mr.. CT ford
and Judge Coldwell who had been Mr.
Dieter,s attorney. Mr.. Clifford held
that two separate Establishments were
being conducted there, and as evidence
-tated his frequent visits 10 Mr.. Die
ter's place of business for purposes O
nxivation not Obtaining in milling
processes. Judge Cold"e'l said tha
both apartments we're cor nected witt
door, and that the employees in bott
Establishments were on Mr.. Dieter
pay roll. Mr.. Clifford to this beameC
all over the Judge with the announce
ment, tn At he, Coldwe II, bad a1vised
P. Die err as his counsel not to pay the
tax, nd gently r. que sted his brother
alderman to acknowledge the corn
Judge Coldwell replied that the only
ad vice he gave Mr.. Dieter was prior tC
nis becoming q member of the city
coun Gil, and it was not good legal eth lc:
TOR an attorney to re cal his client:
private affairs.
Mr.. Cliffo.d-"I move, by gosh. thai
J. P. Die ter be made to pay tai
license" Mr.. Clifford was balancir g
imself first on one foot and then OF
the other, as though prepared for a de
termiu ed and immedia e onslaught up
on the foe. The mayor here interpos
ID with the query. If the county dc
cot do it's duty, o I'D the city act in'
debe IDENTIFY in the matter. Judge
Cold we'll held that the city could moi
go beyond the county commissioners
and the mayor asked could the city be
stopped be- ause the county commits
siOners had not levied the tax. Judge
Coldwell did not think the city could
tax salof ms if the county did not
Judge Kemp said if the commission rs
court did MT tax to the full limit. the
city could not, and Judge Coldwel
agreed with the city attorney. Judge
Kemp said tina. if Mr.. D eter has all in
the same house, and runs the whole
business himself. the fact of a pa rtition
being between does not rece ssar ly
prevent it from being the SAM e-tab-
| iishment.
Chef Lockhart here took a fist full OF
the pie Of debate and thought there
as door from Dleter's in the room
whe re the ole ton was held, hut it was
now closed up; that is, back door con-
nected the two esta blishments. Jugde
Kemp here sa'd.that if any dy would
make an aft 1avit against Mr.. Dieter
he would prosecute under the law.
Mr.. Scott wanted the whole matter
referred back to the city attorney with
the chairman of the finance commit ttee
assoc ated. for further calculation
Several members Of the council re-