Evening star., 1913-11-19
POWER Of CONGRESS
QUESTIONED IN PLEA
B. SeiboId. Is Convicted of
Selling Liquor Without
License-AppeaIs.


nine years has fooled the people of
lions of dollars by the imposition OF
taxes was the declaration of Benno Set
bold. wholesale liquor dealer of sol
18th street southeast in his argument
before jury in the Police Court to-
day. where he was tried and convicted
on q charge of selling Intoxicating
liquor without having obtained a
license.
The charge was that Mr.. Seibold on
Saturday. November 8. sold pint OF
whisky to a colored man. and that he
did not have a license TO do so. Mr.
Seibold admitted that he sold the
liquor. but contended that he had a
license to sell the liquor.
In a statement to the jury he declared
he obtained wholesale liquor license in
October. 1902, to sell intoxicating liquor
That license. he contended. gives him the
right TO continue to sell liquor as long as
he conducts his business properly.
He said the license conferred him
vested right. of which he cannot be de-
prived by statute. provided however. that
ne shall conduct his business in such a
manner as not to interfere with the rights
of others.
Could Not Be Deprived of Right.
He declared he could not be deprived
of this vested right to make living and
to carry on the business for which he was
licensed and which he desires to continue.
This statute which only grants me a
right to make living for one year. does
not regulate but deprives me of my
rights. granted in the fundamental laws:
is an usurpation of the power of Congress
and is not law. He said he would be "A
coward il he obeyed the statute which
deprives him of his fundamental rights
and that it was not law.
He said he was not hghting the case
for selfish reasons. but Is doing IL for the
benefit of the people of the District OF
Columbia, whom he declared were being
unlawfully taxed. He took up the half.
and-half plan of taxation, and declared
that by 1915 the people of the District
will be paying the full taxes on every
thing He declared the Congress has not
the power to impose taxes for local pur-
poses.
a verdict in his favor. saying: will you
put prison stripes on me because l op.
pose Congress for my fundamental
rights?
Assistant Corporation Counsel varnell.
who appeared for the government, de-
clared that Congress every day passes
such laws.
Judge Mullowny's Charge.
In charging the jury Judge Mullowny
said that it is not the purpose of the
law to deprive Mr.. Seibold Of making a
living. He said that the defendant had
a vested right to make a living, but that
Congress has made law that to sell
LIQUOR in the District of Columbia a per-
son must. November l Of each year. OBJ
tain a license to do SO.
"If you believe that Mr.. Seibold sold
| Intoxicating liquor since November l
last, without having a license to do So
you must find him guilty said the
court. IL you believe he did have such
| a license. then you must render a ver-
| dict in his favor"
The jury returned verdict OF guilty
within a few minutes. Mr.. SeibOld noted
his exception to the verdict and gave
| notice of taking the case to the Court
| of Appeals.
Seibold Fights Fine.
The Court Of Appeals of the District OF
| Columbia has denied the application of
| Benno Seibold for writ of error to re-
view the action of the Police Court in
| imposing a fine OF s. on him for failing
| to have q dog properly collared and
| tagged.
| Seibold claimed the dog is not permit
| ted to run at large, but is kept In the
81 Il ~s~~A