The Cairo bulletin., 1910-02-14
WILL BE PROCEEDED AGAINST
BY AUTHORITIES AT CHAT
TANooGA, TENN.
WILL ISSUE WARRANTS
Holding Federal Licenses Furnishes
Prina Facia Case That Hold
ers Are Retailing
Liquors.

NaSnFilc, Tenn. FeD. IJ.-At con-
ference Of state and county officials
tonight. it was decided to proceeI
against the locker clubs a; once. Dis
itress warrants for. the collection OF
state and county tax. $1,000 in all.
win probably be issued Monday. The
officials decided there was nothing
else to do under the opinion rendered
BY States Attorney General Gates.
Under the law it is also said these
clubs can be made to pay double the
tax.
There are about fifteen locker clubs
| in Nashville which come under the
ban OF the opinion OF the attorney
general Many of these have been
| fitted up at great expense BY the pro.
prietor after receiving advice from
legal counsel that the operation of
such places did not violate the pro
visions Of the statewide prohibition
law.
1t is settled fact that these places
will not submit to the conclusion OF
| Attorney General Gates without q con.
| test In the courts
Gates Gives Opinion.
The so-called locker clubs are bn
flimsy devices to avoid the operatlo!
Of the foutmile Law Of 1909 and es
cape its penalties H,t3
This is the holding of Charles T.
Gates, attorney general of the state
OF Tennessee, in an opinion delivered
to the state board of equalization yes
terday in the case OF the locker clubs
of Chattanooga and Hamilton county,
\ This case came up on appeal from
\ the ruling of the county court clerk nf
Hamilton county, whereby he de-
clined to issue distress warrants
lagainst the locker clubs to compel thn
collection OF privilege takes as retail
liquor dealers.
| The locker clubs received charters,
and then, as a precautionary measure,
took out federal licences. Under the
state law this is prima facia evidence
OF their being liquor dealers. The
law clothes the county clerk with full
lauthority to issue distress warrants
for the collection OF retail licenses
against all dealers.
Gen, Gates holds 1T is clear that
the county court clerk OF Hamilton
county had authority to entertain the
motion made by the revenue agent,
and this board has power and juris-
! diction TO entertain the appeal from
the holding Of the county court clerk
adverse to the state OF Tennessee ami
and the county Of Hamilton.
Sccond--Upon the testimony Of the
incorporators and officers Of these
locker clubs, it is clear that they are
retail liquor dealers
Il Eeach OF them, as understand
this record. holds federal retail liquor
Dealers license. so that, under the
Istatute. they are prima facia retail
4 liquor dealers. and liable for the tax.
4 "2 If in such case. where party
, by his own act constitutes himself a
lprma facie retail liquor dealer, it was
not at all competent for the county
court clerk to hold court and de-
termine this question and thus7to per.
NIT continuance Of the business anil
jeopardize the states revenue. The
Testimony of the officials OF these
clbs. in my opinion, not only does not
Ioverturn the prima faeie case which
they have made against themselves,
but conclusively establishes the fact
that they are engaged In the business
of dispensing or selling liquor at re-
tail