Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1908-11-21
MUCH INTEREST
IN NEAR BEER"
CASE INVOLVING THE BYRD LAW
NOW PENDING II STATE
SUPREME COURT.
BREWERY'S PROTEST
Question Of the Right to Sell the Rev
erage in Local Option Districts.
Has Been Strong Fight.

RICHMOND Special .-Temnerance
people throughout the State-and es-
pecially the denizens OF the dry"
towns are awaiting with profound in
terest the outcome OF the case of the
commonwealth against Wade Good
win. agent of the Robert Portner
Brewing Company. which is now
pending I'm the Virginia Court OF APP
peals.
This litigation. which comes up on
appeal from the Circuit Court OF
Prince William county. concerns the
status OF the so-cailed near beer
and kindred beverages. and more im-
portant still. the question whether
drinks OF the character indicated may
be- sold in dry" towns. IL rs being
fought out on an issue invol, ing ths
payment OF a license tax
At the June term OF the Circuit
Court OF Prince William county Coed
win. the defendant i'm the trial. was
prosecuted for violating the revenue
or license laws
Pays Only Small License.
The facts m the case are these.
90 That license granted the Rob
ert Iortner Brewing Company by the
Corporation Court of Alexandria. uNou
the payment OF $3.50 for manufac-
fure~s Wolf liquor license. and the
additional $3.50 and tho c-rcutiCu Of
bond as provided by section 30 ID OF
tie act of 1905. page ->5. referred to
as the Byrd law. all Boz the city Of
Alexandria coufers on said brewery
AND IFS agents the pfitil ge to sen
malt beverage AS defined by said
acf. anywhere iu the state. and ON
said brewery tLe ri-ht o. establish
agencies al over tle state to sell
malt beverages" which brewery and
.c.ncias a-e not subject to the paw
uDnt cf auH such licenses as are re-
guirel ly said acf except fke one
payment &C $500 fae aggregate Dos the
city of Alexandria.
f-I THAT Wiflsfau1inE the pro-
visions OF section .>-. 90 the Code.
which prohibit the sale of malt d.
rrore o. eur mixture thereof iu a.
dry" town -mait beverage. as dee
tined hy the Byrd law. may De- sold
in "a "orr town.
t1) That outstanding the pro-
visions cf fhe charter OF Manassas.
Act 1905. PAGE -.f. which provides
thar uo lc nse fn SON male liquors. Dr
any mixture thereof bon said town
shall te granted until the applicant
has trst obtained recommendation
from tle Town Council. and the iur-
thor provision Goo the Byrd law. Sec
non IN. t.-i nothing ODD i-ls a'i shNli
BE construed to change t-e provisions
oi me cAafIer ci anN cltl OF town ln
the state tou' ninA tnt efaniiNS oi
llcens's. shd brewery ana us agent
'N'oaN lhf are NOT subject I'D lne sue
prif islgA anu NDuiIpi OF tne salo
'ouhti d. L'f aIN l.et required io o'-
'aI- s-'- -r. 'i-lLe hralioh 'I lrINiiS-
SION rom I-e 'ouh'H or incense
from lAe 'i4cul '.uIl ol IlN'" " ll-
liai" county. 90 So" mart beverage
ih s4il l'"-.
ne i"r'il oi me- uti' il''h' ls lNa'
'Ne No."il 'i '"tI oI'" ING "ii i'~"f
uNur, US AieNaN4li a Guy i4orNs'. can
rs'a'.-s" "-el''l, a." over '"' = gave
iA 'A"u7A'1 riA''s' as u mas u""'
q. 'l"ii"sS'- "'-'''"~ 'aNiit- D.' "l
"unl'i'""i i-''-is'' A.'t' lNS7''AF gu
ordinary lAtl maui ; l'c'i7e-
u4-r n- mon iI''.' o'
iIlhce "ii-tn 4i'ull COURT ue'loe'
I- laF'I 90 '''ol" l". 'Ae "l
ascent anu aa A' case 81 ONO .AF'''
l"t revenue. 'Ne 'oi-lliloil " e'1l'" -''
3 "pl ealel.
ne H'@le u'lN- zen p
i"r 81 -'4'' GUY, o.. '"l'"'' N"u