Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1855-05-05

as to those subjects, discretion which no
superior court can control by malddm|S,
or anv other ciUu proceeding though
most of the decisions hold the justices OF
the inferior court Liable criminaIly to
prosecution by Indictment or information,
for willul and corrupt aJUsc of that dis
creDion. And some Of them decide, that
the inferior court is b0dHtd 10 exercise lis
discretion, one way or the other, and on
refusal, may be compelled by mandamus
to exercise it, though always unconToiIa-
, bly, by any civil proceeding.
Tie case from Kentucky (DOughcriy
Z. C0mm0nweaih, II B. Morroe, 23o)
had been referred to by the applicants,
( Ycager's counsel, as one which ne hat
not seen. but which he had been told sus-
tanned the right of the superior courts 10
control the action Of the justices about
granting licenses to keep ordinaries, &c.
Judge DANIEL produced the case itself, in
the Kentucky Reports, and gave large eX-
tracts from it, and from the Kentucky laws
on which it turned and he then remark
cd
"The case, therefore, so far as it can be
cited as an example of Judicial opinion
worthy of respect in the consideration Of
the question in hand, bears with all It's
weight in favor of the judgment under re-
view"
Some dictG of Judge Tucker, (lhe ell
DER in the case of Brd1der y. The Chcs-
IterfeM Justices, 5 Call, 548, having
been referred to by the same counsel,
Judge Daniel examined that case, in
which Brander applied to the circuit court
for nlaldanus, TO compel the justices to
repair bridge, and concluded his eXaml-
nation with the remark
There is clearly nothing in the case
which can be referred to as authority,
trameIing the action Of the court in con-
siderng the question before US.
LEFT thus Free" concludes Judge
DANIEL, "to consider the case as one OF
the first impression in this court, have,
after the most careful deliberaton in my
power TO give it, come to the conclusion,
that by the act OF 1919, the legislature in
tended TO clothe county courts with DIS
creton in the matter of granting licenses
for houses Of entertainment III the eXer-
else of which the justices are not liable to
be overlooked or controlled by way OF
ma77da3nus. And as the petitioner, with
the view of testing the question whether
the superior court could, or ought, 10 re-
view the action of the county court III any
mode, presented at the same time with his
petition for the writ in this case, two 9th
er petitions--one for writ of error to a
refusal of the superior court TO grant hum
writ Of error, and the other for like
writ to refusal Of that court to grant him
ccrtiOyari to the order of the county
court, | think II may be proper 10 add, for
reasons which may be collected from
views of the law already expressed, that ]
think there is no mode by which the ac-
ton of the justices can be appealed from
that the petitioner, by the proof which he
furnished in reference to his character, and
the pobability of his keeping such hodse
as is contemplated by the law, and by
producing TO the court the sherill's re-
ceipt for the tax imposed by law on Ordi-
nares, showed that he was a person TO
whom the county court, if they thought
fit, might have granted and still may grant
license but that he did not thereby ac-
quire any such right to SAID license as pIa-
ces il in the power of the circuit court, al
his instance, TO say to the county court,
through the medium of any civil proceed
ing, that they shall grant it. Whether or
no the justices can, in any case under our
law, be proceeded against by way Of in
formation or Indictment for any alleged
wilful abuse Of their discretion in refusing
to grant such licenses. is question not
before us, and about which deem il TN
necessary and improper TO express any
opinion"
81 think the judgment ought to be anir-
med"
Judges ALLEN, LEE, and NoNcURE con-
CURED with Judge DANIEL.
Judgment AFFIRMED.
Nay Tauern-Eeper sell 8piriis, &c.,
TO be carried aICGy ?
One of the commissioners OF the reve-
nue. for Louisa county having propOunded
the above question TO the Auditor OF Pub
lie Accounts, requesting him, if he doubt