The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-06
LIQUOR LICENSE
TAX IN DISPUTE
Supreme Court Will Construe
Important Section of
Byrd Law.
DUTIES OF BANK OFFICERS
Appeal in Case Where Depositors
Were Not Allowed to
Sue.
DUTIES OF BANK OFFICERS

Whether n wholesale dealer IN H.
auors who establishes storage ware
houses must pay a license tax under
the Byrd law In each town in which
he does business. or only where the
principal office is located. is to be de-
cided by the Supreme Court of APP
peals. writ of error was allowed
ii n of the Virginia Brewing Company
in its suit ag; inst the Commonwealth
for the recovery of license taxes paid
in Lynchburg under protest.
The section of the Byrd law cover
ing the point says: For the privilege
Of manufacturing malt liquors there
shall be paid $500. and upon payment
OF such specific sum the manufacturer
shall have the privilege of selling the
products of his brewing in quantities
OF two dozen pints or more at any
place within the state of Virginia, en-
cept where such mandatory is stu
ated in any local option or license
territory"
The Virginia Brewing Company is
located in Roanoke. and pays this tax
1t desired to go into business in
Lynchburg when that city went wet.
but the Judge OF the Corporation Court
decided that it must pay the tax. which
1T did, and now seeks to recover it.
The petition states that the judge con-
coded the concerns right to sell in
Lynchburg on its Roanoke license by
mail orders, by statesmen or by agents
who deliver at the time OF sale. yet
ruled If deliveries were made from a
storage warehouse. the tax must be
paid
County Treasurer Appeals.
James 4. Herrell. treasure OF Prince
William county. is granted an appeal
from u decision by which he was or
dered 70 pay to the county the sum of
sl.539.4S. said to be due for interest
on unpaid tax bills and overcharges
on commissions on the school fund
1t is contended by the treasurer that
the Board of Supervisors as such did
not authorize the attorney for the
Commonwealth to bring the suit. and
that therefore the Circuit Court was
without Jurisdiction. Tho petition
argues that IL such practices are al
officer and then so to the board for
its approval afterwards. The point is
likely to prove an important one.
Depositors in the late Traders and
Truckers Bank of Norfolk get another
chance for recovery from the officers
and directors by the action of the SUI
preme Court in allowing them an APP
peal. The suit was brought by the
depositors to compel the directors to
account for and pay into court the
amount and value of assets which they
were alleged to have dissipated by
their negligence misconduct. mis-
feasance and mal:easance.
Position OF Directors.
Their bill was dismissed in the lower
court on the ground that the directors
were trustees for the bank and for
the stockholders and not for the depos-
itors. and that the latter had no power
in themselves to bring the suit. This
point also is one which is likely TO
prove OF great momen, to many people
in this State.
A writ of error was awarded in the
case OF George Bonos against the Fer
ries Company, for unlawful detainer
This is one of the suits growing out
OF the settlement of the old leaseholds
of the Norfolk county ferries.
An ancient contract for sale Of land,
afterwards found to be short in acre
age. Is involved In the case of James
d. Mullen and .. T. Purks against Ca
len R Smith and ]. II Carpenter, from
Fredericksburg. An appeal was al
lowed. making five such actions in this
court yesterday.