The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1903-02-13
MAY LOSE THEIR MONEY.

velop in various counties of Tennes
see as a result of the Adams bill.
The matter developed Monday in
some correspondence received by
Comptroller Theo. f. King from Of
ficers in several counties of the
State. In word, it is whether or
not the Adams temperance law,
should it be voted operative in a
county, will revoke any existing
licenses for the retailing of liquor,
if such licenses had been taken out
for period of time longer than the
date on which the Adams law be-
comes operative.
Since the bill became law giving
to the towns of each county, on GER
tain conditions, the-right of suffrage
to repeal the sale of liquor, there
have been licenses taken out by re-
tail dealers in some parts of the
State for six months or even a year
ahead. In some instances these IL
censes have been taken out when the
dealer already had license which
would not expire for some time to
come. Irrespective and independ-
ent of the fact that he was legally
licensed to do business for a month
or more as the case might be before
his license would expire, he has
taken out license giving him the
power TO retail liquor for the next
six months or year.
This is most unusual occurrence,
as it has been the rarest of instances
when a dealer has taken out IL
cense for more than three months.
The license is $3.50 per annum,
making it S37 so per quarter. 1t is
the natural inference that these deal
ers have taken out the licenses for
a longer time, anticipating the proba-
bility of the acceptance of the
Adams law by the county in which
they conducted their retail liquor
business. In event of the passage
of the law by election it is supposed
they felt secure in the belief that
their business would be allowed to
continue so long as the license re-
NAMED in force, and if the law
should not become effective, they
had simply complied with necessi-
ty in taking out the license at a
nominally small additional expense.
In the correspondence received by
Comptroller King the questions were
asked: "WiIl the license be opera
tive until the date of their expira-
tion?" and els it proper to continue
the issuance of licenses for long
times with the matter of the Adams
law pending or probability" AL
ready retail, liquor dealers of the
State have taken out licenses for
twelve months as follows: In Moore
County, one dealer; Williamson
County, one; Hardeman County,
one; Henry County, two; Bradley
County, three aud Upton County
six. These facts shown by reports
of County Clerks of these counties,
sent in to the Comptroller's office.
Should the view taken by Comp
troller King prove correct in this
matter, the liquor dealers will have
their trouble for their pains in this
regard, their licenses will be null
and void with the acceE lance of the
Adams law and they will be out Of
pocket the amount paid by them for
the licenses. They may continue,
however to take out license for six
mouths or year if they please up
to the time of the acceptance of the
Adams law.
"This matter has been brought
to my attention." said Comptroller
King, "by some of the county Of
ficers of the State. | have been
asked for an expression of opinion
in the premises, but of course can
not give this until after a consul
tation with the Attorney General.
l feel secure in my belief. however,
that the moment the A dams temper
ance law becomes operative in COM
munity, its effect will be to make
null and void every existing license
granting0 sale privileges to retail
liquor dealers. The law does not
admit of double construction, and
when town votes to accept this en-
actment and surrenders its charter
and is reincorporated under the new
statute no license is valid or can
continue in force in defiance OF the
law.
"In regard to the matter of is
suing these licenses, of course it is
lawful and proper for them to be
granted, for whatever time be al
lowed by the law the persons taking
them out may desire. But for any
period longer than the acceptance
of the Adams law it must necessari-
ly be at loss to the person holding
the license. 1t is we'll known fact
that the State does not refund
money in such case as this or, in
fact any other where the transaction
is regular and in conformity with
the law. The only way in which
these dealers could ever get their
money back for these licenses
taken out by them for a time ex-
tending past the adoption of the
Adams temperance law, would be
by special enactment of the Leg
islature."