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$5.00
Sizes 9 to 15 and 10 to 42
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Nylon And
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All Colors and Sizes
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$5 ; Q0G Unreasonable License
For Wine, Says High Court
* State Supreme Court Rules Tifton
I Law Prohibitory In Chandler Case
! Since the City Council of Cairo
j placed a $2,000 license on the
; jale of wine here, there has been
j some discussion as to whether or
| not this could be considered a
I ‘reasonable” license. A recent
decision by the Georgia Supreme
| Court, in the case of William M.
! Chandler (Albany) vs. City of
; Tifton, may have some bearing
upon the situation here.
In this case the Supreme Court
. uled that “the assessment of an
nnual license tax of $5,000 on a
j person engaged in the business
| of selling wine in the City of
i Tifton is unreasonable and void.”
In 1948 the City of Tifton fixv
ed an annual tax for the retail
sale of wine at $250, and the
plaintiff in this case paid said
tax and conducted his business
there during last year. On Feb
ruary 7, 1949, the City enacted an
ordinance prohibiting the issu
ance of any license for the sale
of wine. On April 7th., this tax
ordinance was amended so as to
provide for a license tax of $5,
000 per year. The plaintiff en
tered court contending that the
ordinance was void as being
arbitrary, unreasonable, and con
fiscatory, and that the same vio
lated the due process clauses of
the Federal and State Constitu
tions. After a hearing, the court
S entered an order denying the
plaintiff an interlocutory injunc
tion. The State Supreme Court
j reversed in its recent the unanimous lower court’s decision rul
|
ing.
A part of the Supreme Court’s
ruling follows: “A municipal
j corporation under the charter
power can levy and collect a li
! cense tax upon persons carrying
on a trade or business, but it
does not have the power to im
pose on a lawful business a pro
hibitory tax (Morton vs. Macon,
111 Ga. 162). In that ease this
court said: ‘The question before
us is, therefore, resolved into
simply this: Does a power given
by law to a municipal corpora
tion to .tax a useful and legiti
mate business includ the right
of imposing upon it a tax so high
as to render it impossible to pay
I the same and carry on the busi
i ness profitably?
“As the purpose of such -tax
ation is to raise money for the
support of the municipal gov
ernment, and as the power of
taxing is given exclusively for
the accomplishment of this need
ful purpose, ordinances adopted
in pursuance of this power must
tend to effectuate, and not to de
feat the end in view.
“The plaintiff testified that the
volume of business done by him
in 1948 was approximately $15,
000 to $18,000; that the annual
tax imposed upon retail dealers
in wine in Albany, a city of 40,
000 population, was $100, and the
tax imposed upon such dealers
in Columbus, a city having a
population in excess of 100,000,
was $75; that no other business
in the city of Tifton was requir
ed to pay an annual license fee
in excess of $500, and only on two
other classes of business were the
license tax fixed at $500.
In the introductory paragraphs
of the decision the • Supreme
Court said:
“1. A municipal corporation
located in a county which has
a /wv Ao vne -
s® 9 1
I
* >fc IF o/kffOM/S or |m
*. .
TSf 6*r your to It have doesn’t John John Deere take Deere a Dealer crystal Equipment ... gazer by our to learn serviced shop. It pays by ,
Why? For three important reasons: (1) Our
mechanics are trained to service John Deere
I Equipment the way the factory recommends.
i (2 and 3) We’ve equipped our shop with I
precision tools ... stocked it with only genuine
John Deere Parts.
No other shop in this community can match
this efficient, economical service. See us for
details the next time you’re in town.
[/Vi ?!
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i FARMERS IMPLEMENT CO.
CARROLL BUILDING PHONE 426
THE CAIRO MESSENGER. FRIDAY, NOVEMBER 18, 1949.
j not by vote of the people of the
county prohibited the sale of
wine at retail cannot arbitrarily
prohibit the sale of wine at re
tail within the limits of the mu
nicipality.
2. A municipal corporation,
under its charter power to levy
and collect a license tax imposed
by ordinance upon persons carry
ing on a trade or business, does
not have the power to impose on
a lawful business a prohibitory
tax.”
Another section of the ruling
says: “Having held the annual
license fee of $5,000 as a tax on
the sale of wine to be void be
cause of unreasonableness, it be
comes unnecessary to deal with
the attack made on the constitu
tionality of the ordinance.”
And the closing paragraph of
the ruling is quoted as follows:
“The facts in this case showing
that the plaintiff’s employee had
been arrested many times, and
that the officers of the munici
pality charged with enforcement
of the law had threatened to
seize plaintiff’s property and
close his place of business, were
sufficient to authorize a court of
equity to intervene. The trial
court erred in refusing an inter
locutory injunction. Judgement
reversed. All the Justices con
cur.”
The $2,000 tax on the retail
sale of wine in Cairo has not
been contested in any court to
date.
A fall clean-up for the home
garden is recommended to all
family gardens by the U. S. De
partment of Agriculture.
i
THE SHOW OF 1001 SURPRISES
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SEEN LAYNE 25 - NEW MYSTERIES - 25
See Layne s Latest Illusion • "THE
PHANTOM FLIGHT OF A GIRL " - - -
SEE "THE GREAT HUMAN SACRIFICE" A
"A VISIT TO SPIRIT LAND”
"THE FIESTA OF FLOWERS” ♦
A PRODUCTION OF SCENIC SPLENDOR
AND BAFFLING ILLUSIONS
.THRILLING! UNEARTHLY! BEWILDERING!
Cairo High School Auditorium
Monday, Nov. 28th, 8 P. M.
BENEFIT CAIRO KIWANIS CLUB
UNDERPRIVILEDGE CHILDREN'S WORK
* * * * *
*
‘ PAWNEE NEWS *
** * * * * *
Mrs. Clyde K. Belcher, of Bir- ]
mingham, Ala., is visiting her
sister, Miss Ruth Kelly.
The friends of Mrs. Tom Davis
will be pleased to learn that she I
is somewhat improved after un
dergoing an appendectomy at the
Howard-Pirkle Hospital at Pel
ham Thursday.
Mr. James R. Fowler was a
patient at the Veterans Hospital 1
in Atlanta a few days last week.!
Mr. and Mrs. James Smith and
son, of Cotton, were guests of her
parents, Mr. and Mrs. J. S. God
win, Sunday.
Mr. and Mrs. J. I. Austin of
Dothan, Ala., and son, Pfc. Wil
liam Hill Glover, of Bioxi, Miss.,
were visitors here on Wednes
day and Thursday.
The friends of Mrs. William
R. Harrell will regret to learn
she is a patient at the Riverside
Hospital at Bainbridge suffering
from a broken hip. Hope is ex
pressed that she will soon be
well again.
”M" NIGHT FOR
GRADY CO. ASSN.—
On Tuesday night, December
6, or about that date, beginning
at 7:30 o’clock, “M” Night willj
be observed by the Training
Unions of the Grady County
Baptist Association at the First
Baptist Church here.
All the churches of the Asso
ciation are expected to have large
delegations present.
Will you be there?
EPISCOPAL SERVICE
SUNDAY EVENING.—
The regular Episcopal Service
will be held at the Presbyterian :
Church next Sunday evening at
7:30 o’clock.
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