The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-13
That is the Charge Made by
Williams.
HE SPENT A NIGHT IN IT
And Now He Wants Five Thousand
Dollars Damages.
eoTAfINGtR BRoKtN RESISTING OFFICER
Answer Of The City 10 the Complaint OF the Ba
Keepers Who Sue it For Recovery OF Their
Liquor License. They Seem to
Have Good Case.

Have Good Case.
A suit for $4,000 Damages has been in
stituted against the city of Raleigh by K.
A. j. Williams, who alleges that he was
on December %, 1900, unlawfully arrested
and detained for several hours in the
city guard house. In the complaint filed
by his attorney, Mr.. S. G. Ryan, Williams
alleges:
That he was arrested on the night OF
December %. 1900, detained till 10 o'clock
next day and discharged by the mayor
without trial.
That he was thrown forcibly into a cell
by the officers and the door closed upon
his hand with such violence as to break
one finger and dislocate another.
That the injured hand received no at
tention from physician or others until
his release next morning.
In addition to these grounds of COM
plant, the city guard house is described
as dark and in bad sanitary condition.
said guard house is located under
ground or in the basement of the market
house of said defendant. where congre-
gate day and night crowds of persons and
animals, and where are kept meats, vege-
tables. melons and fruits, the impure
emanations from which find a Judgment in
the said basement and that said guard
house being underground has no yentila :
ton nor light. save and except such a
may be obtained from the sidewalks on
each size thereof by gratings let into
said sidewalks. That the said cells are
built IN said guard house, on the east
side thereof. and about fifteen feet from
the Fayetteville street sidewalk. and in
tn darkest and worst ventilated portion
o. said guard house,
Answers were yesterday filed by City
Attorney Watson in the suits brought by
). W. Barber, James Freeman and other
par Keepers to recover liquor license taxes
paid by them into the city treasury when
. they We're, during local option days. doing
business in this township but outside the
city limits
1t is admitted that the city collected
the amounts set forth. for its permission
Tor the plaintiff to sell intoxicating liquors
outside the limits of the city of Raleigh
and within one mile thereof This it claims
to have done by authority of the city
charter and ordinances and by acts of the
Legislature dating from 1856 to 1899; that
by the acts the city was empowered and
authorized to give or Withhold it's permis-
sion for the sale of liquor in the city of
Raleigh or within one mile of it's corpo-
rate limits, and without such permission
no person could be authorized by the
county authorities to sell intoxicating liq-
uors within said territory; and that the
city was further authorized by the pro-
visions of its charter to impose and col
lect a tax for the purpose of a revenue
on each permission that it granted for
the sale of intoxicating liquors. and that
the plaintiffs. place of business during
the time referred to in his complaint was
within one mile of the corporate limits
of the city of Raleigh; that the amounts
sought to be recovered were collected for
the purpose of revenue and were used
Z by the defendant in the payment of it's
necessary running expenses.
The tax levied by the city, the answer
goes on to say, was paid freely, willingly
and Voluntarily for the purpose Of obtain
ing the city's permission to sell liquor and
by reason thereof the plaintiffs were en-
abled to and did carry on liquor bust
ness, from which they made a comfortable
living and acquired property.
SO. That on or about May 5th, 1898, as
this defendant is informed and believes,
this defendant issued its bonds for cur
rent expenses to the number of twenty
five, of the denomination of one thousand
dollars each, all of which bonds will be
due and payable in the year 1903; that
said bonds were purchased by the Penn
Mutual Life Insurance Company to whom
a statement was made by this defendant
showing the amount of Indebtedness, the
various sources of revenue and the cur
rent expenses of this defendant. This
defendant is informed and believes that
the power given in it's charter to impose
and collect said taxes for it's permission
to sell liquor within one mile of its cor
porate limits, and the right to have APP
piled said taxes to the dicharge of its
municipal expenses, entered into and be-
came part of the contract between this
defendant and said bondholders. That
this defendant has been compelled to
raise the tax rate upon all subjects of
taxation within its jurisdiction to the
limit fixed by law in order to meet it's
necessary running expenses This defend
ant is informed and believes that said
act of the General Assembly of North
Carolina. being chapter 327, Acts of 1901
requiring this defendant to refund the
tax which it had collected for its per-
mission to sell liquor within said limits,
by the express authority and direction of
law, is void and of no effect because it
impairs the obligation of the contract
entered into relative to the said bonds.
hatw~eu this defendant and the pur-
chasers of same, during the year 1895"
The city also pleads the statute of limi-
tations
Those who have examined into the case
seem to think the bar-keepers have a
good case.