The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1921-03-23
STATE FACES BIG REFUND
ON SALOON LICENSE FEES
Hundreds Of Thousands Of DOL
lars Are Involved As
Result Of Suit

Louisville. KY. Mar. a1.-The
State of Kentucky may be forced to
refund hundreds Of thousands OF
dollars to former saloonkeepers
whose licenses were terminated by
the wartime prohibition law. This
question will be forced to an issue
as a result OF suit filed in the
Franklin County Circuit Court,
Frankfort, yesterday by Hugh d.
Odom, 2117 Napoleon Boulevard.
= Mr.. Odom seeks to recover s133.-
1873 from the State Auditor on the
ground that this is the proportion
ate part due him of the $500 State
saloon license fee paid by him Mar.
II, 1919. His attorneys are s. A.
Anderson and Judge Ed G. O'Rear.
Charles l. Dawson. Attorney Gen.
eral, said last night there is no pre-
vious case in point on this question
but that he would fight the case in
all courts for the reason that the
State law provides that all taxes
paid when not actually due shall be
refunded. The tax paid by Mr..
Odom. he contends. actually was
due and therefore should not be re-
funded.
Mr.. Anderson and Mr.. Dawson
were in conference in Frankfort
Friday in regard to the case, Mr..
Anderson said last night, but the re-
suit of their conference was not an
This is the first suit filed in Ken
lucky to recover the fee involved in
an unexpired State license. Several
similar suits have been filed in Lou
isville to recover part Of city IL
cense fees. No action has been taxi
en- on any of these cases, but that
Of F l.. Boom against the City of
Louisville was set yesterday for
hearing Wednesday in the court of
Judge Kirby after demurrer had
been filed by the city. These cases
will be decided within the
next ten days.
Similar cases, allowing the saloon
Keeper to recover a portion of his
zee, have been decided in Oklahoma |
md Nebraska under State prohibi-
ion laws, Mr.. Anderson said last
light. Ip Kentucky, under the To-
al option law, several cases have
'een decided where the saloonkeep-
r was allowd to recover.
One section of the State local op-
ion law provides for refund in
ase saloonkeeper surrenders his
lcense voluntarily, and this point
Gems to be established firmly in
lentucky law. Mr.. Anderson de-
Jared. Cases in point, under other
ut similar laws. are to be found in
he decisions Of the Court of Ap-
eals as far back as 1882. when a
aloonkeeper OF Owensboro sued for
nd recovered the part Of the fee
lvolved in his unexpected license.
More than 100000 is represent
by suits pending against the City {
Louisville. and more than double
lis amount is expected to be the s
'tal Of refunds II the suit OF Mr.. Q
dom is allowed. The city saloon 7
,ense is $1,000 and that Of the !
ate $500. The length OF time the t
lrious plaintiffs held their city and !
ate licenses varys from nine
onths to one week. Under the 3
tier period the dealer would be 7
Titled to recover almost the full Z
mount of the fee. Z
The decision In the case of Mr.. D
iom probably will not affect the t
lolesale liquor dealers Of the a
ate. Their licenses were not o
minated by the wartime prohibi-
N law. and, under Federal SUPER d
lion, they are allowed to continue