The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-15
Excessive as to Green
Trading Stamp Co.
THE WRIT DISMISSED.
Judge Walker Finds Nc Habeous Cor.
pus Necessary But Gives His
Opinion That $4,000 Tax
Imposed lis Unconsti-
tutional.

Ait hhbeds COII uS proceedings III WHICH
The officers Of the city OF Winston and
Manager II. e. Beeson, of the Winston
Branch OF the Sperry & Hutchinson Green
Trading Stamp Company, figured, had II
final inning here last night.
The result in the way OF decision
on points involved, looks like a dogfall
but in reality the the Green Trading
Stamp Company got the best of the decs
ion given ny Judge Walker.
Seemingly the matter was an applica
ton to release from arrest Manager
Beeson. In reality the desire of the Pc
ttioner was to get a decision that the
tax imposed upon the Green Trading
Stamp Company in Winston is excessive,
Judge Walker decided that the circum-
stances did not warrant the granting OF
the writ OF haheas corpus and dismissed
il, but while declining to give judgment
concerning TIE license tax of SO, 600 year
he gave 1t as his opinion that the tax
was unconstitutional and void as it was
6Iscrininatlve and excessive.
Here is the case in brief: Some two
weeks ago the Board OF Aldermen OF
Winston. finding that Sperry &c Hutch
iason Green Trading Stamp business was
II be opened IN Winston passed an ordin-
ance imposing a license tax of $4,000 4
year. Manager Beeson refused to pay
was tried and a fine of 500 and $3.50
costs was imposed, failing to pay which
the order was that he be taken in Gus
;ody
On the personal word of Captain r. B.
Glenn, his attorney he was never put
i'll prison, but finally he asked for a writ
OF habeas corpus, coming in charge of a
deputy and with his lawyers to Ralei-.
to ask for this. Finding technical irregu-
larities Associate Justice Plat D. Wal
ker did net hear the matter and the par
ties went back to Winston.
writ was there asked of Judge Nc
NELL. who was holding court and pa
pers were issued to be served upon Chief
OF Police Crutchtield requiring HIM TO
produce Bceson before the court The
Chief of Police kept out of the way on
Saturday and the writ could not be
served. Judge Mcneil Saturday after
noon made the writ returnable before
ssociate Justice Walker in Raleigh.
Yesterday afternoon the parties to the
case came to Raleigh In this party were
Mayor O. b. Eaton, Chief of Police f.
G Crutchfield and Mr.. Lindsay Patterson,
as attorney for the city, Mr.. H. e. Beeson,
the petitioner, and his attorneys Captain
Il. B. Glenn and Judge W. Benton Crisp
representing the Green Trading Stamp
Company Because of the act of the Leg
islature of 1908 concerning the tax to be
imposed on trading stamp companies. AT
torney General Gilmer appeared in the
case for the State, having been requested
to do so before it was known that the
City OF Winston would be represented
by an attorney.
The petitioner argued
ID That Mr.. Beeson was in lawful
custody.
Cd That the court has right since
has was convicted in a court of compe-
tent jurisdiction. but under an ordinance
that is Illegal TO issue the writ of habeas
corpus.
81 That the ordinance is an Illegal
one.
The defence maintained in reply;
ID That the petitioner (Beeson) was
not in custody, but was really at large
CO. That it was not the proper method
L. test the constitutionality of the or
dinsncc by writ of habeas corpus.
tS) That final judgment had been given
by a court of competent jurisdiction and
this could not be reviewed by a writ IF
haheas corpus.
Captain Glenn and Judge Crisp spoke
for the petitioner, MIR. Lindsay Patter-
son spoke for the City of Winston and
Attorney General Gilmer for the State.
In the case Mayor Eaton. Chief of Police
Crutchfeld, Sir. Beeson and Captain Glenn
each testified. For the city the testimony
WIS that Beeson had been fined for not
paying the ordinance but that he had
never really been in custody and that
ne was not low considered in custody.
The passing of the ordinance and the trial
h,f
were acknowledged. Chief OF Police
Crutchefld said that he had not impris-
oned Bees0n and that as to keeping out
of the way of a writ on Saturday ne hal
done so. expecting that one night he made
hut not knowing * had been done -yeith-
er he nor his deputy had paid the rail
road fare % Beeson to the hearing i'm
Raleigh and ne was not now under TT
-Cst.
THE DECISION.
The decision of Associate Justice Plat
d. Walker is as follows:
This cause having come before me upon
writ OF habeas corpus directed to f. G.
Clutchfcld. Chief OF Police OF the city 81
Winston. by Hon. Thomas A. Mcneil
Judge Of the Seventh judicial district
commanding him to produce the body OF
Ernest Z. Beeson before me this day
and after hearing counsel for the Alder
men ct the City OF Winston asked the
State and Tor the petitioner and after
reading the allegations of the petition aad
the return thereto it is ordered and ad
Judged
That the said writ be and the same is
hereby dismissed
The grounds upon which said decision
Is based are, briefly stated as follows
| find as fact that at the time of The
issuance and service of the writ that The
petitioner was not in the custody of OF
under the control of the respondent Chief
ii Police and was not restrained of hi.
liberty
find as conclusion OF law that by rea
son OF the foregoing finding OF tact