The free lance. (Fredericksburg, Va.) 1885-1926, 1901-05-16
FREDERICKSBURG, w., THURSDAY MAY 16 1901
Communicated
Important Decision By Judge Mason on
Liquor License.
To TIM FREE LANcE:

| day, May 9th. II was heard and subsc-
quently taken up on appeal to the Circuit
court, which met ON Wednesday, the Sth.
The decision in this ease is Of great i'm
pOrtancc, and sets precedent which
should prove Of great benefit to every
welldisposcd community. The facts are
these:
f.. 5. Rains, small merchant, applied
for license to sell whiskcy ETC. near Ilol-
laday +. o., which is situated in The
Fork neighborhood--s called because
it is between the north and south prOngs
of the North Anna riyer-near Louisa and
Orange counties. This neighborhood,
known rs one Of the best in the county,
and without n superior in the State, is
some six miles long and several wide
The people rose up ~ n unit to oppose
the granting OF the license, while the ap-
plcant had to go to the Orange line aud
over into the Belmont neighborhood to
get backing.
Rains, the applicant. was represented
by Lee J. Graves, Esq. The people Of
The Fork were represented by Hon. \.
r. Embrey. OF fredericksburg. whose
management Of the case was admirable,
and his speech before the County court
one of the strongest ever made in Spot
sylvaua.
The crowd present was ver large and
the interest intense. a. practically all the
white men OF THE Fork were present,
having come some % To - miles to tes-
tits and protest against the starting ola
barroom in their community whose ira
diti0ns. habits and ideas render the sale
and consequences OF whiskey-selling pecu-
liarly offensive. Objectionable and injuri-
ous to their social life and public con
yenience.
The law in Virginia has been changed,
and now requires that. applicants Tor
license shall show the following points
before it can be granted:
lst That he is fit person
2nd. That the place j. suitable con
yenent and appropriate.
Bird. That licensing n bar-room would
not injuriously affect the value OF real es
tate or Industrial establishments in the
vicinity (The Supreme Court Of Virginia
has decided that this point alone must
have great weight against the granting
of license)
The County courts now have power to
refuse license, and many are doing SO; Tor
example, the Judges Of Louisa and Orange.
The Circuit courts have full discretion
and power to grant or refuse license. aud
their decisions are final.
On Monday, May 9th, the case came on
TO be heard before Judge Robt f. Waller,
of the County court DR.. J. d. Pulliam,
Z. d. Taylor, Clyde Taylor, r. V. Graves
and r. L. Biscoe, OF Belmont, and Percy
Bullock and two brOthers-in-aw of the
applicant testified in his behalf; that he
was lirst-cass man TO sell whskey and
that the place was suitable, convenient
and appropriate. On cross-examination,
however. they admitted that no whiskey
had ever been sold in The Fork, but
that a great deal has been, and is, sold
without license around Belmont; yet
they said that they did not know who
the guilty parties were, and had never
punished any one for the ofiense.
So great was the voluntary attendance
of the witnesses from "The Fork to OPP
pose the license that only portion
were allowed to testify, though all were
ready to do so.
They showed that the applicant, Rains,
was not a fit man to sell whiskey, being
n man of quick temper, irascible disposl-
ton. unreasonable and without the quail
tiles adapted to keeping good order, as
the law requires.
2nd. They proved that the place is not
convenient to hepeOple of the immediate
vicinity, as they are not drinking men,
do not want bar-roOm and would not
patronize it, and that any patronage
would have to come from men outside OF
"The Fork, and from other neighbor-
hoods, such as Belmont, Orange, Louisa
or the mines. Ii was shown that there
are two bar-rOoms near the mines and
more convenient for the Louisa people,
whilst the Belmont people have all the
whiskey they want, in great plenty aud
without price (of any license)
Sd. Il was shown that the place isnot
appropriate, because bar-room would
interfere with the safety Of social visit
ing and travel to pOst-oiiice, mill, etc,
and would bring into the neighborhood
n lawless and rowdy element and en-
danger the peace and quiet OF the people.
4th. 1t was also shown that a bar
room would injure the value Otrealestate
and drive away prospecting buyers, etc.
Judge Waller promptly granted
the license, but suspended judgment
when appeal was taken to the
Circuit court, which heard the case
on Wednesday, May Sth, upon the
evidence as stated above. Mr. En-
brey's management Of the case and h.s
speech before the Circuit court won him
universal praise. 1t was an impressive
and powerful presentation OF the law
and the facts, and every one felt at it's
close that the license would be refused by
the court, and such was the fact, as
Judge Mason announced his decision on
Thursday morning.
This case sets a precedent which WILDE
iar-reaching in it's effects for good order
and local self-government and will be
quoted far and wide. When the case was
lost in County court, instead OF the peo-
ple being set back they went to Mr.. En-