The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-09-12

S st1uot = annual WeeSu8s ana 70 vHW
family named Duff. with members Of which he was
iniimate. On Monday night he was found dead
neaf large tree short distance from the road,
pniai which had contained the strychnine lying At
DIS s'de. Cause, disappointed love.
The application for an arrest of Judgment In the
csse o. David Parkinson, found guilty by the jury
III. ,nS counterfeiting apparatus in his posses
tiaty LOT two years, was granted on Saturday last
y Sudge Thompson The flaw consisted In the
use OF conjunction and for 'or a. though synony.
roas "a tne Indictment rather q snlall hole for
craving out OF penitentiary. Parkinson Ia now
gong az large on bail, and we presume his case
VIII o1 tne absorbing theme for two or three courts
-Wefts6arg Herald
VIRGINIA Posr OFr1cIa-Postmaster General
J, has established the following:
- Water. Doddridge county, P. s. Cox, Post
master Located between Fink,s Greek, miles
sonth and miles north of New Milton, directly on
the route from Weston to West Union. oueen,.
Mills, Randolph county, A. c. Queen Postmaster.
Mr. 1onn Lights named as the carrier Glen Eas-
ton' Marshall county, w. B. Simpson, Postmaster.
The site and name of selund, Campbell county, is
changed to F Fredonia Mills, and Thos C. Coleman
appointed Postmaster, vice L. A. Cousins resigned.
From the Lewisburs Chronicle
THE LICENSE EQUESTION-COUNTYC COURTS
VESTED WITH DISCRETIONARY POWER
DECISION OF THE COURT OF APPEALS.
Mr.. YEAeER, of Mason county applied to the
county court of said county, for license to keen
an ordinary. He proved himself to be a sober
man, and of good character and would probable
keep house orderly, useful and such as the law
requires; he also produced the SheriH's receipt for
the tax to keep an ordinary he brought himself
fully within the requirements of the law, but the
county court refused the license He then applied
to Judge SUMMERS for q mandamus to compel the
court to grant the license. The Judge refused the
mandamus, on the ground that the county ceurt
was by law vested with discretionary powers and
that he had no authority to control them by means
of mandamus. From this opinion of Judge s..
Supersedeas was allowed, and the case was argued
in the Court OF Appeals BY Mr. FISHER, for the ap-
pellant, and Judge Fry, of Wheeling, for the Coun.
ty Court The Court of Appeals, on Monday, de.
cided the following points
1st. By the terms of the law under which this
application was made, the county and corporation
courts are clothed with pooer and discretion in
the matter OF granting license to keep ordinaries In
their several counties and corporations iu the ex.
ercise of which it 10 not within the province of the
Circuit Courts to control them by means OF man.
damus.
end. They decide that the terms of the law
found in the Code, does not differ in effect and sub.
| stance from the laws of 1877, which says the
pooer of granting licenses shall be in the respec.
tive county courts" of 1905 which SAWS" and
whether 1t is convenient for such house to be set
up, &C.; of1746, which says"f such petition shall
appear reasonable, such court is hereby authoriz.
ed and may, if they think t grant the petitioner
license &c, and the words of the act of 1e19 are
of similar import.
3rd. The petitioner showed that he was person
to whom the courtm grant license, and may
still grant it, but did not thereby require right
such license as places In the power of the Circuit
Court to say to the county court through the agen-
cies OF any civil proceeding, that they shall grant
it.
4th. Whether the county court may be proceed.
ed against by way of Information or Indictment,
for any wful abuse of their discretion In refusing
to grant license, Is question about which the
| court declines to express an opinion.
5th. The Legislature has not provided any mode
OF revising and controlling the discretion of the
county court, and the court is of opinion, that no
remedy in such cases exists at common law, by
way of Mandamus, writ of Error, or Certorari ;
they therefore affirm the judgment Of Judge Sum-