The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-01-13
GALLON SHIPMENTS
DECLARED LEGAL.
STATE COURT OF APPEALS IN
TEnPRETs wEBB-KENYON
LAW.
7 r < A .SURER'S CASE
GUY VAUGHAN WINS IN SUPREME
COURT AFTER HANOVER BOARD
OF SUPERVISORS HAD
APPEALED.
T r < A ,SURER'S CASE

Shipments of liquor from Virginia
to points in North Carolina and not
exceeding one gallon do not consti-
tute u violation of the Webb Kenyon
law.
THIS is the effect of an opinion
rendered by the State Supreme Court
OF Appeals yesterday In the appeal Of
lie Bristol Distributing Company
versus the Southern Express Company
from the Corporation Court of Bristol.
The mail order house brought suit
In the Bristol Court to compel the
.xpfess company to receive packages
containing wine. whiskies beers and
other liquors for shipment from Bris-
toll to certain North Carolina points.
Constitutional Question.
Ths question of the constitutionalitv
Of the Webb-Kenyon law was raised
by tho appellant In the Supreme Court
bur 10 not touched upon in the opinion
handed down by Judge Buchanan.
The other error OF the Bristol
Court. the appellant, charged. was in
holding that the statute OF North
Carolina forbidding delivery came
within the purview of the wehb-Ken
.on law. In his opinion. Judge Buch-
anAn rulss that me North Carolina
Supreme Court has held that the
statute In question applied to liquor
shipped for sale and not to liquor
shipped for personal use As Il was
agreed. the opinion says, that in the
case IN question the quantities did not
exceed one gallon and was for per-
sonAl use the said shipments were not
prohibited by the Webb Kenyon law.
Accordingly me lower court was re-
verSed
The Vaughan Case.
The State Supreme Court In a de-
eision handed down yesterday affirm-
ing the ruling OF the Circuit Court OF
Hanover In the case OF the Board OF
Supervisors of Hanover County. APP
pellants versus Vaughan. had before
II the matter of fees paid treasurer>
for the collection of taxes not paid
before December /. when due a mat
ter discussed by the financial COM
nittee Of the House OF Delegates Mon
day.
The case involved fees paid II Guy
Vaughan treasurer Of Hanover Coun-
~ for collections OF taxes in 1907. the
amount of commissions in question
being s376.f9. The board claimed
that the amount allowed was excess
sive TO that extent.
when Vaughan took Office in Janu-
cry 1907 there were delinquent taxes
% an amount less than $4,000
Vaughan went on the theory that s1e
was entitled 10 Ave per cent on the
first $4,000 and three and a half per
cant on all above that amount ac-
eording to the law fixing compensa-
Yion for taxes collected when due The
STATE Auditor refused to accept this
accounting holding that Vaughan was
entitled to more or eight per cent
Ave per cent az allowed for the coll
lection OF taxes amounting 10 lees than
15,aA9 and three per cent additional
for collecting taxes NOS paid when
due
Vaughan. AFTER comforting with
counsel applied the same ruling on
commissions on local levies and his
claim was allowed
Later the hoard sought the Circuit
Court Of Hanover to direct rne re-
turn Of the alleged excess. The court
ruled in favor az the defendant and
the board appealed.
Legality Not Considered.
The Supreme Court did not GO into
the question OF the legality of the
eight per cent commission allowed. az
frming the decision OF the lower court
on tho plea that the statute Of Iirns-
tationa applied The legality Of the
commission, the opinion said. IL was
not necessary to discuss.
In the case OF J, Preston Carson
versus J. L. Mott Iron Works an APP
peal from the decision of the Law and
Equity Court of Richmond, judgment
was af'irmed.
The defendant in error instituted
action OF assurnpsit against ]. Gra-
ham Davidson, OF Graham Davidson
& Co. a. Tuarantors of debts agxre-
eating s125e3s due for goods furn-
tshed the Southern Plumbing and
Electric Company, Inc. Judgment was
for j. l.. Mott Iron Works.