Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-09-22
CHARGE DISMISSED.
Justice Cation of the Police Court
Sustains the Arlington Brew
ing Company.

lno warrant unQ6r which THIS case
| was heard was sworn out at the instance
Of the Commonwealth against the Ar.
lington Brewing Company for viola.
ton of the provisions of section Is OF
ali act OF the General, Assembly, ap.
proved March Is, 1910, and which ACT
is generally known as the Byrd liquor
law.
The Arlington Brewing Company
operates brewery for the-mauufacture
OF malt liquors in the county OF Alex
andria, which is no license territory
under the terms OF the said act. A
proper license for the operation OF the
brewery has been taken out by the said
brewery at the place of manufacture
in. the county OF Alexandria, and bot
tied liquors are conveyed by means of
the wagons OF che said company to the
city OF Alexandria, and there sold to
the retail liquor dealers. All licenses
required by the city OF Alexandria and
State Of Virginia have been taken out.
These are the facts, and are not dis
puted.
The only question is, whether or not
the Arlington Brewing Company has
violated the provisions OF the fifth
paragraph of section Is of the Byrd
law, by conveying the bottled beer
from the brewery in Alexandria county
to the city OF Alexandria in other than
a common carrier.
The section in question reads as FOL
lows: For the privilege OF manufac-
turing malt liquors there shall be paid
five hundred dollars, and upon pay
ment of such specific sum the manu-
facturer shall have the privilege OF sell
ing the products OF his brewing in
quantities Of two dozen piuts or more
at any places within the state OF Vir
GINA, except where such mandatory
is situated in any local option or no
license territory; in which case no sale
shall be made and delivery had at the
place OF manufacture; but such manu-
facturer may SELF: the products of his
brewing to he delivered to common
carrier to he transferred to any place
beyond the limits of such local option
or no license territory in which such
mandatory is situated.
The first clause OF this section or
paragraph provides for the amount of
license and coufers the privilege OF sell
ing at any place within the state in
quantities Of two dozen pints or more.
An exception 10 this general rule is
made il the case Of brewery or manu-
factory located in local option or no
license territory, as is the case with the
Arlington Brewing Company.
All that follows in the section in
question refers alone to breweries locat-
ed in no license territory, for while in
the Gaze OF Brewing Company vs.
Southern Express Co., reported in 100
Va, page %. it was held that the legis-
lature did not intend under this section |
to make distinction between breweries
located in licensed and those located in
no license territory, the Legislature has
since amended the section in that case
construed so as to leave no doubt that
such distinction was intended
In the case ofbreweries located il no
license territory it is then provided that |
no sale shall be made and delivery had
at the place OF manufacture. Evil
IDENTIFY this clause contelnplates both a |
sale snl delivery to fall within its pro-
hibition, otherwise it would have been
made to read sale or delivery" Toi
stop here would have given an unfair
advantage to breweries located in Ii |
censed territory, so the uext clause is
written and go worded that it can only
be construed as an exception to this
general rule. 1t provides when sale
may be made in no license territory,
that is, when delivery is made to al
common carrier. To read this clause
other than as an exception to the gen
eral rule would make it meaningless 10
case of brewery located beyond the
easy reach OF common carrier.
For these reasons it is held that as
long as the sale is made by the Airing
ton Brewing Company beyond the
limits OF the no license territory in
which said brewery is located, the state
is not concerned in the manner OF de-
livery of the product in so far at least
as this section OF the liquor law is ap-
piled.
The Commonwealth has noted an
appeal.