Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-11
ALEXANDRIA AFFAIRS
Test Case on Sale of Beer in
No-License Territory.
COURT RESERVES DECISION
Chamber of Commerce Declares for
Strict Enforcement of the
Vagrancy Law.
Special Correspondence Of The Star.

! Special Correspondence Of The Star
ALEXANDRIA. Va. July II, 1911.
The right of the Arlington Brewing
Company. a corporation whose plant is
| located at Rosslyn. Alexandria county,
| in no-license territory, to sell its products
in this city by other than common car
rier. after paying the required license.
came up in the shape of what is under
stood to be a test case this morning at IL
o'clock before Police Justice H. b. Cation
in the Office of Commemorative Attorney
Samuel G. Brent.
After hearing the arguments OF the at
torneys on both sides, Justice Cation an
| nOunced that he would give his opinion
in writing at some future date.
The brewing company was represented
by Attorneys J. X. NJ. Norton and l.. A.
Bailey, the latter of Washington, and the
state was represented by Commonwealth S
Attorney Samuel G. Brent.
Brewing Company Defendant.
The case came up on commonwealth
warrant issued at the instance of Com
monwealth's Attorney Brent, and man
said to be local agent for the company
was made the defendant. BY agreement
OIL DUH parties COuCeIHeu. Ho"CSCi, eiiS
warrant was changed, making the brew
ing company the defendant. 1t was set
forth in the warrant that ION or about
July 81 the company sold and delivered
by other than common carrier quarter
of a key of its product to a saloon
keeper
After the warrant had been read and
the foregoing change noted Mr.. Brent
announced that he took this particular
tn dor to ~ II
matter, inasmuch as other similar cases
could be obtained regarding the sale OF
the companys product in such pre-
scribed manner.
Mr.. Brent quoted the law on the sub
ject of the sale of malt liquors in the
state from the various statutes, and re-
cited number of cases of somewhat
similar import and decisions given along
such lines.
His main contention was that if the
brewing company wants to sell its prod
ucts here it must be delivered by COM
mon carrier. such as railroads Or steam
boats, and not by its own wagons, as it
now does, it is said.
Contention of the Defense.
On behalf of the brewing company At
torney Norton made an agreed state
ment setting forth that the defendant
corporation had paid the required license,
$50, for the purpose of selling its product
in the city of Alexandria, and. through
it's agent, made sale to the man specl-
fed in the warrant, and that the beer
was delivered to the party from its own
wagons, and not by common carrier.
In addition, he said that under the
state law the company cannot sell It's
product in a no-license territory where
it is manufactured, and this, he declared
was the only restriction placed on it.
He also quoted various statutes which, ne
claimed. gave the company the right to
dispose of its product by the means
adopted, and he felt satisfied that the
legislature, in framing the law referred
to by Mr.. Brent, did not intend such
construction would ever be placed on
it, which, he declared, would be unreal
Sonable
For several years the Arlington Brew
ing Company has been doing business
here in the present manner. Recently city
council in arranging the new license law
increased the license on out-of-toWn
brewers who sell their product in this city
from $50 to $50 year.
1t is generally believed that the case
will finally go to the state court of APP
peals for settlement 1t is said that 1t VIII
be the first of it's kind ever before taken
to higher court.
Should the decision go against the brew
ing company it would mean that the conf
pany in order to do business here Will
have to ship it's product over the railroads
or by steamboat, and cannot seiid IL "
this city in their own wagons.
Idle persons who spend the summer
months in lying around barroOms and
looking out for cool places, who are
without visible means of support, and
who. in the majority of instances, will
not work when labor is being sought,
and who in the winter months are
as a rule a charge upon the city. will
find their occupation gone If a resolu-
ton adopted last night by the chamber
of commerce is carried out The resolu-
ton provided for the strict enforce
ment of the existing vagrant law.
which law is said to now exist.
This step was taken by the chamber
of commerce. it IS said, because many
Of the business men in the city are
unable to obtain help during the sum-
mer months while a small army of
men lie around all day and will not work
work
War on Dogs Commended