Smyrna times., 1907-09-25
SMYRNA WATCHING OUTCOME
SODA WATER LICENSE FIGHT
TEST OF LAW BEING MADE BYZ. JAMES
BELT INTERESTING TO THE WHOLE STATE
Mr.. Belt Contends That II Tax Is Imposed That
Saloons Should Pay as Much as Drug
legislature viii Be AppeaIedtO


Druggists and proprietors of restau-
rants of Smyrna are watching with
much interest the outcome of the case
of the State VS. 2. James Belt, the we'll
known Wilmington druggist, which
involves the right of druggists to dis
pense soda water without obtaining a
license. The reviving of an old law
and the enforcing of it by Harry W.
Chairs, the States revenue collector,
has caused more or less agitation
among eating houses and drugstores
down the state. In Smyrna all the
drugstores discontinued the sale of
soda water and William Robinson is
the sold dispenser of this drink in
town. ProprietOrs of eating houses
are also kicking at the extravagaut
assessment and already there is a
movement to have the next LegisIa-
tere repeal or amend the law. Iu Will
mington z. James Belt is making a
test of the law. The indictment OF
Mr.. Belt grows out of the crusade of
Harry W. Chairs, collector of State
revenue, against all classes of mer-
chants who do business without the
proper license. When notice was
served on the druggists that they are
required under the law to take out a
special license for the sale of the pop
ular beverage, many of them declared
they would not comply with the law.
In fact only two of the city druggists
have taken out the special license, and
not few of them have closed their
fountains, declaring that the profit
therefrom does not warrant the pay
ment of license of $25. so for the priv
ilege of selling the beverage.
Question Of Gross Discrimination Has Arisen
FL. W. Bringhurst, Jr., who repre-
sents the Druggists Association, will
represent Mr.. Belt at the hearing which
is expected will not be called in Gen
eral Session Court until November.
Meanwhile all druggists who have mol
closed their fountains will continue to
sell soda water as usual. Should Mr.
Belt lose the case all the druggists
will be compelled to pay the license
Since the Grand Jury has indicted the
druggists for failing to take out tn
State license giving them permission
to keep eating houses, the question
has arisen whether the State canno
collect a similar tax from the saloon
men. 1t is understood the druggist
claim the saloon men have licens
only to sell intoxicating liquor an
this license does not give them author
ity to sell soda water and "soft stuff
any more than the druggists have un
der their mercantile license. The
claim the saloon men maintain NOR
of an eating house than the druggist
for they sell the soda water and eve
have lunches in their places of bus
ness.
Fight Will Rest Until Suit is Decided.
Collector Chairs was asked abo
the matter Saturday night. He sal
he had not been instructed to procee
against the saloon men regarding tn
special license, but he had receive
instructions to make the drug men pa
it. 1t is understood the matter will
allowed to rest pending the outcome
the suit against three druggists wh
were indicted by the Grand Jur
The decision in these cases will prot
ably determine the collector in hi
future dealings with the saloon men.