The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-23
Application for Injunc-
ton Filed in Hen
rico County.
CLAIMS THAT IT
VIOLATES CHARTER
w. c. Smith and w. L. Wing
held, Named as Complainants,
Employ Former Member of
Legislature as Counsel.
Same Old Questions,
Directors Say.

Asserting that tho retail license
granted tho Virginia State Fair Asso.
ciation. Incorporated, in April fs ahso
luteiy y void' and that even If valid, tho
corporation. under its charter. has no
aut hority to exercise that privilege.
! anpllcation for an Injunction to ra
strain the corporation, it's agents and
.mPtoyes' from selling, or attempting
10 sell intoxicating liquors, was filed
Yesterday in the Henrico Circuit Court
/ by w. \. Willeroy. counsel for w r.
! omith and w. L. Wingfield tho com,
! plainants. Notice that depositions In
the cause would be taken tomorrow
.iornihs' and that a petition asking
ior the revocation OF the license wouId
/ be presented on October G. was saryoi
| by Sheriff l.. II. Kemp. of Henricn
county, on Leigh r. Page counsel for
| inc virginia State Fair Associa ton.
Incorporated. The application for the
/ injunction Is returnable before Judt,e
! H. Carter Scott on Thursday rnornIn1
| Gives Four Rcnsons.
| The State of Virginia. in its relation
| 10 w. c. Smith and w. l.. \vippaaId ts
the complainant in the bill Four ra.
CONS why the license should be revolSed
n.e given. 1t is alleged that it was
6s'Etca IN direct violation of the law
OF the State, in that the bars. or pIacea
i"r me sale of Ane liquor will he in "a
community having less than 500 in
h'pitants residing within n half-miIo
lnulus' ' ana that the license was fraud
I' secured by means OF false evil
uoHcc concerning the number OF inhab
.'"n.s, .s, IL is also asserted that the an
meant did not state whether il 10
domestic or foreign corporation. and
,hat IL failed to designate a speot3sd
vi otner definite place in which
| 10 conduct tho business
Should these reasons be in,um,,a.
stouHus Tor restraining order the
So.''piaiNant then contends that the
eSn1uet tS OF a retail liquor business bv
Wv" e ar association would be an ultra
vires act, In that, being a cornoratio,
It can only do such things no &c
! 'HoriZed under its charter and thot No
| "hcre III the charter is 1T given tha
au'nority TO sell intoxicating liouor
i .n,iiia'eu that such was contem
piated by the incorporators or that
| branch of the State goyernment
| ing the charter. ant
ne OBJECTS and purposes. the com,
p".H' states on tho contrary show
mat the sale OF Intoxicating lionor
ouiu DC cirectly in conflict with the
'''iiS oi the Fair Association
Cnil 1t Same Old Fight
directors OF the assocla tion ee,a -.
| night that the whole question or Uouor
scliihG was thrcshed out in 1912 betore
'uuee H. Cartcr Scott. and that the
same matters are brought out In the
pehdins application for Injunction.
/ 'r.''N'' OHt ot tne conn
recently wrote President Wilson I'm rc
/ gard TO his visit to the fair coIinr
attention IN his letter TO the racr thar
inc association had secured a Itcense
10 sell Liquor. Mr.. Willeroy, the attor-
/ ley. was member OF the House or
Deiegates ar tile last session. and was
an active leader in lighting for tha
enabling act. In the August primary
| he was defeated as a noater delerata
/ from King William and Hanover Coun-
| ties. Dispositions will he taken TO-
morrow at the office or Attorney w.
A. Wileroy.
The license to conduct a retail
| liquor business ct the State Fair
! Grounds was granted by Judge Scott
last April along with the other con-
Germs doing business in Henrico County.
The Bili OF Complaint.
| The bill of complaint aled in tho
Office of Samuel +. Waddill, clerk OF
Henrico Circuit Court. yesterday Is
| as follows
This complainant humbly complain
/ ing represents unto this honorable
court the following cause:
On the 23d day OF April. 1913 an
/ order WAS entered in the Circuit Court
/ OF Henrico County Virginia, on the
common law side thereof granting "A
I retail liquor license TO the Virginia
! State Fair Association, Inc. and in
D
sioners OF the revenue for the afore-
/ said county did in April 1913. prepare
and deliver TO the Virginia state Fair
/ Association, Inc. hereinarter called
| the defendant a license. or rather a
/ writing purportng TO be Il retail liquor
/ license which said writing purporting
TO be license 10 sell liquor at retail
/ your complainant hereby alleges is
/ no license at all. and grants no rights
or privileges wha atever but the Same
is absolutely void Tor the reasons fol-
] lowing:
I l. The said writing claiming to be a
retail liquor license does not designate
/ the place Of such business at some
I specified house or other definite place.
2. 1t does not state whether the
supposed licenaee is domestic or for
| eiGn corpora ton
3. l. is in positive violation OF the
law Of this State. as laid down by the
Acts of 1910. prohibiting the granting
! OF licenses to sell intoxicating liquors
/ In Il community contiguous TO city.
unless said community coatains 500 or
/ more inhabitants within radius OF
! one e-half milo where the business Is
proposed to be conducted, and unless
said community has police protection
! paid for by the public
| 4. IT was fraudulently secured upon
| false evidence before this honorahle
| court, az true and correct count of
| the inhabitants OF the community OF
| the place where 1t is Intended to con-
/ duct the business under this so o-called {
! license, will show conclusively and In
| disputably that there arc not 500 in
| habitaHts within radius OF one-haJk
| mile thereof
+ Questions Charter Rights.
| Your, complainant further states that
II this honorable court can conclude
l.