The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-21
REFUSES TO PAY FOR BEER
A Test Case at Rockville Involving
the Local Option Law.
A snioOnkeepcr Fighting the Ac-
count of Brewing Company on
the Ground That Sale of Liquor
Was in Violation of the statute.

ROCKVILLE. Md. March 20--ln the
Circuit Court for this county this morn
ing matters OF great Importance to lhis
county and the State in general came up
for trial on the appeal docket. II Is
claimed that the brewing companies
having branches in Washington city 90
considerable business in this county III
the way of supplying liquors OF all xmas
to the persons running speakeasles IN
this. a local option, county. The Iues-
lions whether a brewing company can
collect for liquor sold thus in this county
was raised in the case of the Christian
Moerlein Brewing Company, corpora
ton, VS.. Harry Kohlhoss, as the case
stood below.
The account in this case showed that
there was a balance due the company OF
about sT2 The justice of the peace Clii .
ford II. Robertson, before whom the case
was tried gave judgment in favor OF the
company.
The defendant appealed, and the case
went to the court as the first to estaollsh
a precedent in this county along this line.
Robert b. Peter represented the appeHee
company. and when the legality and
question of enforcement of the contract
for the purchase of the liquor was raised
contract was consummated when the
goods were put in the possession of the
carrier. the Baltimore and Ohio Railroad.
at Washington City, and that the contract
did not apply, as contended by the appel
liant to this county
The attorneys for the appellant, Messrs
Edward c. Peter and Alexander Kilgour
contended that if the company sold the
liouor with the knowledge that the laws
of this county were being violated, the
collection of the bill could not be en-
forced Mr. Kohlhoss does not dispute
the correctness of the account, but re
fuses to pay simply because he is advised
that he cannot he made to pay.
Considerable interest is manifest in the
outcome of the case. for should it prove
that the company can collect, the COM
panies VIII no longer hesitate to make
market ground of the county for their
liquors. The Anti-Saloon League of the
county has taken up the case.
The court. Judges Henderson and Mot
ter, told the attorneys that they would
take the matter under consideration, and
that It was still open for them to present
further matter of law to them.
Another matter of considerable moment
to the taxpayers of this county was
brought in the case OF lIe NVuhiN N'ii
,nissioners VS. John A. Selby. In this
case the States Attorney, II. Maurice
Talbot had instructed Mr.. Selby, con-
stable of the county, to go to work on the
larceny cases occurring near the District
line. where a number of farmers of that
section of this county had been losing
poultry, meat. and a number OF articles
by midnight marauders, supposed to live
in Washington city.
SeIbv went to work upon the instruc-
lions of Mr. Talbot, with the result That
the thieves were arrested in Washington,
brought to this place. convicted. ana are
now serving their sentences In the Mary
land penitentiary.
When Mr. Selby presented his bill to
the commissioners they refused to pay,
acting upon the advice Of their counsel,
Mr.. Charles W. Prettyman, claiming that
there was no authority for them to pay
such bills The commissioners have en-
deaVored to establish a precedent IN inns
matter The commissioners offered pray
ers to the court TO instruct the jury as
to the law in the case. which prayers
were rejected and the matter went 10 the
Jury without argument.
The Jury is still out considering the
case. .,,. y
other cases disposed of were William v.
Robertson VS.. Wallace Z. Ricketts,, Judg-