Evening star., 1922-12-19
BOOTLEGGER TAX
INVOKED BY STATE
Tennessee imposes License
Fee Under Old Statute to
Curb Law VioIators.
Special Dispatch to The Star.


CHATTANOOGA, Tenn, December 19.
tennessee bootleggers are invoking
the Injunction process in their battle
to stay in business, now that the
state attorney general seeks to levy
against them heavy privilege taxes
under old liquor laws.
The legal battle Of the dispensers
OF white lightning and blockade run
ners to find loopholes in the state
laws entered its new phase with the
granting Of a temporary injunction
BY Chancellor Garvin to W. A.
Of a "poolroom. cigar stand and soda %
fountain" on Cherry street, restrain
Ing the county from collecting
S2,36 7.S0 privilege taxes from him for
wholesaling and retailing liquor.
Liquor statutes Of the state OF Ten
nessee contain no clause similar to
that of the federal law under which
an automobile operated by boot
logger or transporter can be seized
and conhscated by the state. The
result has been that transporters are
arrested with cars full of liquor and,
drawnout trials. go their way mer-
riiy bootiegging again in the same
old machine.
Cneafths Tax Law.
Attorney General George ". Cham
leo OF Hamilton county, irate over
tho continual defiance Of authority,
searched the. statutes to find a way
to put the bootleggers out of bust.
ness. He turned to the old liquor
license law. which specifically pro-
vides for state and county licenses
Of $500 for wholesaling and retailing
liquor, and which states concisely
and particularly that the payment Of
this license does not legalize tho sale
OF liquor. The supreme court has re-
peatedly held. according to tho at
torney general, that bootleggers-the
term covering any and all classes of
whisky dispensers-are liable to the
payment of the license, and that any
and all property owned by them is
subject to attachment and sale to
satisfy these taxes, II court convic-
tion has established the fact Of their
bootleEging.
Friday the attorney general asked
the county court clerk for a distress
warrant to recover privilege license
taxes amounting to ss.ss7.so for the
Nolan. who ha. been up repeatedly
other operators who had been con-
victed were similarly targets OF dis
tress warrants. The next day Nolan.
seeking to enjoin the execution Of
tho warrant. He denied he had en-
gagged in tho sale Of whisky as a
retail and wholesale dealer and
pointed out that he had never been
convicted OF selling.
Chancellor Gs.vin has granted the
temporary injunction. upon the al
legged bootlegger executing bond to
guarantee the costs OF tho proceed
ings and any taxes II may be shown
that he owes the state and county
after the matter is heard. The man
liquor and Attorney General Chamlee
is acting on the fact that this con-
viction Of possession is prima facie
evidence Of selling or the intent to
sell.
Nolan Reopens Place.
Nolan Immediately reopened his
soft drink stand upon issuance of
the temporary Injunction. but other
places were closed under the distress
warrant and are still under lock and
key and the owners have made no
effort to reopen them.
In cases in which the defendants
have been convicted or have pleaded
guilty to selling liquor the attorney
general anticipates little difficulty in
selling the property attached. Auto
trucks. business property and other
goods have been seized.
One of the reasons why Attorney
General Chamlee is employing this
course is that he is having difficulty
with juries. ut is not uncommon" he
said today. after jurors turn a boot
logger loose. to see them ease outside
to congratulate the lawbreaker. shake
hands with him and in the warmest
friendship bid him goodbye. II con-
victed. the bootlegger appeals to the
supreme court and gets a years de-
lay. Recently We had two cases re-
versed by the supreme court where
the only error was that the clerk in
entering up the judgment of convic-
ton used the words storing liquor
whereas he should have used pos
sessing liquor
Casually the bootlegger runs away
during the appeal. but stays only
until witnesses have left and can't
be located"
Copyright, 1929