Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-09-14
LYNCHBURG VlRGINIAN.


County Courts and the License ouesticn.
The recent decision in the Court of Appeals at
Lewishurg, that County Courts are vested with
full discretionary powers to grant or refuse IL
oenses for the sale Of intoSoating liquors by per
sons keeping ordinaries. must be important in
its bearing on the proposed action of the Tempe
rance party,as indicated in the resolutions adop
ted by the convention lately held in this place
There is scarcely apology row for bringing
forward this question of moral reform upon the
musings there to clash with the bitter rreiudces.
the demagogism and irrelevant issues Of polit-
cal strife The law without question is now a.
efectivein suppr"ssng tipping shops should
the voice "a eouRty or corporation desire it
within its limits, as Maine enactment
would be, while it does not possess the
objectionable features Of such law, by
which sectional aiority in one part of the state
would be able 10 control the will of an other
section perhaps opposed 10 its provisions
Richmond, deeming the traffic in ardent spirit,
an evil, many refuse licenses and suppress the
retail trade by ordinaries within her corporate
limits, but her voice has power 10 impose the
restrictions on l.ynclfhurg, should her citizens
view the traffic in different light. This is a.
1t should be. The question i left too
where it properly belongs, more directly
t. the aroitrament Of public sentiment. Ne
question of state or federal politics arises in
the election of members Of county and corpora
tian oourts aud each COMMUNITY, under
the existing law, may dispense it, own
charities at homo. in clecting, or not as il
may vill,suoh members will roheet its scnt
Ineus tho gues ten ut issue. We bcIieve that
the decision of the Court of Appeals is not only
correct, but that the laf thus interpreted Is IN
der existing cireums tanccs the best that could
be enacted with view to the suppression Of in
temperance The following remarks with the
action of the Court Of Appeals, reported in
the Lewisburg Chronicle we clip from the
Richmond Wing.
:" Ihi, question is now settled on the pnrt Of
the Court Of Appeals, in favor Of thu anti license
party, to their utmost satisfaction We suppose
There is another section If Tn Code embracing
the license qucsiion-that in reference To mer
chants, and which we presume comes under this
decision OF the Court Of Appeals also We are
not ADVISED whether this decision will meet the
demands OF the temperance party, without the
passage of Maine liquor law From the report
OF the executive committee TO the State Tcm-
perance Convention, hedin the city Of Lynch
burg, August IL 1854, we infer tina; they will not
fail to profit by this decision of the Court Of An
reals, in their favor, by raising the issue before
the county court of every county in the State
That report suggested, that if the Court of Ap-
peais decided the question in their favor, the
friends OF the no license system be urged by the
Convention To press the objections to license be
fore every county or corporation in the State
Liquor dealers will have 10 look out
We give below the action of the Court Of An
peais, on this question, reported in the LOWS
burg Chroaieie of the 9Th instant
Mr.. leager OF Mason county, applied Ia the
county court of said county for a license To keen
an ordinary. lie proved himself To be n sober
man and OF good character and would probably
keep AN ordinary, useful, and such rs the law re
'quires he also produced the Shcriil's receipt far
the TO keep an ordinary he brought himself
FULLY within the requirements of the law, bat the
county court refused the license. He then n9-
pied to Judge Summers for mandumns, 10
compel the court 10 grant theGcense. The judge
refused the mandamus, on the ground that the
county court was by law vested with discretion
airy powers, and that he had no authority To con
troi them by means OF a mGndamus. From this !
opinion OF Judge >, Supersedcus WIS allowed |
and the case was argued in the Court of Appcnls
by Mr. Fisher, for the appellant, and Judge Fry
OF Wheeling, for the County Court. The Court
OF Appeals ON Monday, decided the following,
points:
lst. BY the terms of the law under which This
application was made, the county and corporation
courts are clothed with power and discretion in |
the matter OF granting license To keep ordinarios
IN thelr several counties and corporations in the
exercise OF which II Is not within the province Of
the Circuit Courts to control them by means of IA
mandamus
md They decide that the terms of the law.
found in the Code, do not differ in effect and
substance from the laws of l671 which says-.tAo
power OF granting licenses shall he in the respec
i've county COURTS of 1908. which says-aard
LEY, lthey justees,) by their discretion, SHAH
lldge whether it is convenient for such house to
ne set up. &c of l7ls,which savs-,'if such pc
luton shall appear reasonabe.snc court is hereby
authorized, and may If they they think fit grant
the petitioner license, &c and the words of
the act of 1919, are Of similar import
ID The petitioner showed that he was a person
To whom the court might grant license, and
may still grant it, but did not thereby acquire n
rlght TO such license as places in the power of
Inc circuit court TO say to the county court
through the agencies of any civil proeeedng,that
they, shall grant it.
4th. Whether the county court may be pro
ceeded against by way of information or indict-
ment. Tor an wfull abuse of their discretion in
refusing to grant license, is n question about
which the court declines to expires an opinion.
9th. The Legislature has not provided any
-inodeof revising and controlling the discretion Of
the county court, and the court is of opinion that
noremedy IN such cases exists at common law |
oy way OF mandamus. writ of Error, or Certiora-
ri' 1hey therefore affirm the Judgment of Judge
Summers.
John Mitchell in postscript to series Of
scorehing letters to Right Rev. John Hughes.
catholic Archbishop of New York. expresses
the discreet opinion that there should be no such
al