The Caucasian. (Shreveport, La.) 1900-192?, 1905-03-19
Light ON HIGH LICENSE
INTERESTING CASE is BEFORE
THE SUPREME COURT.
Dealer Paid $4,000 Year License and
Made a Good Living-The Case
Came Up From DeSoto.

The Tilncs-Dcmocrat, March IS, says
A case that throws a flood of light upor
the high license question was argued
Monday before the Supreme Court o:
louisiana
1t is the case Of D. T. Evans ct al:
VS.. Police Jury OF DeSoto Parish
]. H. Sutherlin OF Mansfield argued
the case for the plaintiffs, ana Judge
Pugh Of Shreveport for the defendants
The record is very full and tells a
story that will be of interest to all who
are concerned in the regulation of the
liquor traffic.
1t appears that the police jury of De-
Soto parish, at its regular meeting in
November, 1904 levied a tax for the
sale of Intoxicating liquors in the town
Of Mansfield at $4,000 year. The record
shows that the parish Of DeSoto is a
prohibition parish by virtue of an cleo
ton held under the local option laws in
the year 1895, and that year later the
town of Mansfield er1ancipated itself
from the parish prohibition by voting in
favor of granting licenses for the sale
Of liquor 1t is also shown that under
the operation of Act 1856 of 1902, when
ever a town levies a license tax equal
to Or greater than the sum levied by the
police jury, the parish can not collect a
license, and that the license collected
inures solely to the bentht of the town.
The town of Mansfield levied a license
tax December 16, 1904, for the year
1905, ON the sale of Intoxicating liquors
at the sum of $500, which was not con-
sidered prohibitory, but was deemed the
largest tax that could possibly be paid.
The action of the police jury in levying
a $1,000 tax, it was claimed, was pro-
llibito-y and deprived the town of
sa,uch-needed revenue. The case was
carried to the district court under a
snandamus requiring the police jury to
show cause why its action should not
be considered illegal, null and void, and
its levy prohibitory.
The case was tried December 28, 1904,
and resulted in Judgment setting aside
the levy of the police jury, and declar-
ing it prohibitory, null and void, and
ordering the police jury at its meeting
ia January, 1905, to levy such license
tax, APPLICABLE to the town of Mansfield,
at sum reasonable and not prohibitory,
and in the same judgment the court
found that $500 is the largest license
that could, be levied without being pro-
hibitory. From this judgment the po-
ice jury appealed.
Among the testimony is that of IL
zuor dealer who paid $500 license in
1908 and made living, and paid $4,000
IA 1904 and lost money because the low
price of cotton restricted sales. The
agures he submitted are interesting. In
IDo4 his sales. amounted to between
II7,ooo and $4,000. He paid out for
iquor $o65s, for beer $1,000; total
sIo5Io. Balance of stock on hand at
he end of year was about $1,000. His
expenses, exclusive Of license he fig
lred at $4o28.28; license, including
took and revenue SASS. The expenses,
le stated, did not include his own serv-
ces. --.--.
1t is proper to state that this witness
'ept the only saloon in the town or par
81, but testified that he was harassed by
erce competition from Shreveport, in
he Jug and bottle trade. ~ -.
The profits on whisky by the bottle
vas estimated by this witness at Is per
emit No figures were elected as to the
rohts by the drink, nor as to the pro-
is on beer, but it is significant that
IAN whose total sales amounted to only
1900 year, mostly by the bottle,
ould pay $500 license and admit that
e did not lose money. /;
Mr.. Sutherlin laid great stress upon
ne fact that while a $1,000 license for
lansfeld was prohibitory, a $500 one
ould be considered as non-prohibitive,
nd that the town needed the money :
lus derived. His contention is that all
600 tax having been proved to be pro- +
bitory, is practically class legislation, |
re police jury having no power to K
rottle a traffic authorized by law. It
The imposition of prohibitory |
,ense, he contended, amounted prae- I
;ally to prohibiting the traffic, and that
e police Jury had no authority to dol
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