The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-09-23
WILL FIGHT SALE
OF LIQUOR At FAIR
GROUNDS IN COURT
Two Highland Park Citizens
File Suit for Injunction with
Henrico County Court, Civ
ing Reasons
Grounds Upon Which Order is
Asked Similar to Those
Given Last Year With Some
Additions---License Obtained
Fraudulently; is Charge.

Charging, among other things, that
the license to sell liquor on the State
fair grounds was obtained fraudu-
ientiy and in violation of the provi-
sions of the charter, W. G. Smith and
w. L. Wingheld. of Highland Park,
instituted yesterday in the Henrico
county court. petition for an IN
junction restraining the State Fair
association from dispensing intoxi-
cants on the grounds from october
sth to October 18th. inclusive.
The plaintiff in the suit Is the Com
morwealth of Virginia at relation OF
w. c. Smith and w l. Wingffeld.
both of whom are prominent citizens
Of Highland Park.
The grounds on which the suit was
brought are much the same as those
fled in the Circuit court last year,
which resulted in Judge r. Carter
Scott rendering a decision in favor of
the sale OF liquor on the grounds dur
ing fair week.
Violates State Laws
One Of the principal grounds on
which Messrs. Smith and Wngfield
are baslng their fight Is the fact that
IL is a positive violation Of the law
q this State laid down by acts or
1910. prohibiting the granting of IL
community contiguous to city I'M
less the community contains five hum
dred inhabitants or more within
radius of one-half mile where the
business Is proposed 10 he conducted,
and unless the community has po-
lice protection paid for by the pub
lie.
The con.piainants also bring forth
that the license was fraudulently Sc
cured in that the population or the
community where the business IN IN
tended to be conducted IL not as large
as the law demands Another reason
why they should not place intoxicants
on sale on the grounds is that they
are only allowed 10 do things which
are authorized by It's charter. The
bill declares that nowhere n the
charter does Il say that liquor shall
he sold on the grounds. They go
further and say that the objects and
purposes Of the corporation are the
opposite and directly in conflict with
the sale Of intoxicating liquors and
declare that the attempt on the part
OF the Virginia State Fair associa-
tion TO conduct any such business IL
assuming advantages no. granted
them,
license For One Bar,
The plaintiffs declare that should
the court be of the opinion that the
license issued Aprtt ga Is valid. even
then only one bar, OF place of business,
can be conducted under the one Ii
cense They declare that the State is
entitled TO all of the pustie reve-
nue., ana in the event he rules in
favor # the sale Of liquor on the
grounds. request Is made tina;
separate license he required for each
place where intoxicating liquors are
sold
They declare that injury and de-
graduation will be suffered by the large
number of citizens attending fair II
liquor be sold
The application for the Injunction is
returnahle next Monday. at which
time arguments will be heard or a date
will be set for the hearing. However,
Judge r. Carter Scott, of Henrico Cir
cult court. is out of town. and II the