The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1912-03-01
DEALERS DEMAND
THEIR MONEY BACK
FROM CODNTY CLERK
INCIDENT TO THE RAIDS BY THE
SHERIFF IN CITY OF
NASHVILLE.
IS QUICKLY TURNED down
Fight In Courts Promised by Soft
Drink Men Who Bought License
Under Protest-Test Case Is An
ticlpated-May Go to Chancery.

ticlpated-May Go to Chancery.
NASHVILLE, Feb. 29.-The saloon
crisis in Nashville, due to Sheriff
Borum's closing or attempting to
close up places, took another angle
yesterday, when, through an attorney
the proprietors of one of the soft
drink stands made formal demand on
County Court Clerk w. F. Hunt that
the $3.50 quarterly state and county
license, paid at the first part of the
year be returned. Clerk Hunt lefus.
ed to do so. County Judge Pollard
likewise refused to honor the order,
and it is said now that bill will be
filed, probably this morning, in chan
Gerry, seeking to compel the payment
CT the license money.
Attorney J. Percy Raines, repre-
sentirg Percy and ODonnelly, soft
drink dealers came to the court house
early Yesterday afternoon and pre-
scented the following letter to Clerk
Hunt:
"Ml. w. F. Hunt, County Court
Clerk. Dear Strive hereby de-
mand of you to return to us the sum
OF $3.50, being the amount of our II.
cense, number 1895, issued by you on
the first day of February, 1912.
I'VE make this demand on account
of the fact that you had no legal
right to issue the same and there.
fore the money collected was not law.
fully collected Very respectfully,
SHERMAN & ODONNELLY."
"P. S.-We also tender you the
aforesaid license
Clerk Hunt refused to take any of.
fetal recognizance of the formal de-
mand, holding that he collected the
money and issued the privilege IL
cense under instructions; that the
money accruing by means Of the col
lections has been paid over to the
county trustee and state comptroller
and, moreover, that he has no official
power vested il him to make return
Of the license money. On being ask-
ed as to the move, Clerk Hunt said
the only means of settling the matter
was for the litigants to institute a
fight in the courts, and for the courts
to determine whether the license
money shall be returned or not.
State Revenue Agent Jetton in
January, instructed Clerk Hunt to col
lect quarterly state and county license
from soft drink dealers in advance,
which required each dealer to hand
over $3.50. The dealers claim that
the money paid under protest, and
for a dealer to institute fight TO re-
cover his money it would be necessa-
ry for him to have paid the money
under protest. No legal action was
heard of from the dealers over the
payment Of this money, which is the
old legal rate. fixed before saloons
were declared unlawful, until Sheriff
Borum on last Thursday night insti-
tuted his crusade. So far as known,
this is the first Of the soft drink deal
ers to contemplate such action.
After he had been to see County
Judge Pollard. as a matter more OF
form, and had presented the demand
fol the return Of the license money,
and had been refused by the judge on
the ground that he had no authority
to refund the money, Attorney Rains
declared that he would seek relief in
the chancery court.
I'VE certainly will file a bill and
think this will be done In the morn
ing he said. This brings up le-
gal question Of wether there is a
right or not, technically, at least, for
soft drink dealer to be compelled
10 pay license, and then for another
Official to come along and close up
his place Of business and deprive him
of getting the benefits he pays a L.
cense for. While this action will pri-
marily be taken In the interest Of
my client, 1t is an action which any
of the soft drink dealers of Nashville
can take"
II such a move ~ this Is generally
made, it will serve to greatly compli-
cate the soft drink stand situation
and It is expected that the situation
will be closely watched from now on
more zealously even than before.