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

SAMUEL YEAGER applied TO the county
court Of Mason, at its May term, 1884,
for license 70 keep an ordinary at his re-
Isidence in the town of West Columbia.
lie produced the sherif's receipt for thir-
ty dollars, the tax laid by law on the IL
cense he asked. He had been licensed
tavern-keeper for the last two years, and
proved that he was sober man, Of good
character, who had kept and would prob
ably keep, house useful and orderly,
and such as the law requires. The village
of West Columbia Gt was proved) con-
tanned population, chiefly foreign, OF
above 900, engaged in mining coal and
transporting it TO Cinclnnatti, salt-making,
and various other laborious trades ; that
there has been, and is likely to be, large
immigration thither, both transient and
permanent; that two ordinaries were be-
| Iieved to be necessary in the village, but
there was, in fact, none except Yedger's.
No complaint was made by any one a.
gainst him, though at the time OF his ap-
plication, petition against all licenses,
it is prcsumedl was presented, al the in
stance of the Sons of Temperance, signed,
as the presenter said, by above 800 per-
sons. The justices had been summoned,
and attended, for the purpose of passing
on the Proprety Of permits to merchants.
Some of the justices being "Sons of Tenn
perance," their voting on the question
was objected to, but the objection was
overruled. The applicant asked that the
vote on his application might be taken
uiUa U0Ce, but this the justices refused TO
do and taking the vote privately, an
nounced that there was majority of one
against the license.
To this refusal of the license, the appli-
cant, by his counsel, filed bill of eXcep-
items, in which the above facts are stated,
and made part Of the record. Present.
ing a copy Of that record to the circuit
court of Mason county, he petitloned that
court for a mU3iamuS, commanding the
Justices OF the county court to grant him
an ordinary license, or to show cause to
the contrary. The circuit court overru-
led the motion for a man3dmUs. To test
the power of the circuit court 10 review,
in anv way, the county courts action,
Mr.. Yeager accompanied his petition for
plandanauS with two other petitions
one for lrrif Of error, and the other for
= writ of cerii0rari. But those petitions,
too. the circuit court overruled, and relu-
fused the wrts asked for.
He thereupon brought all three OF the
petitions, by writs o! error, before 'he
Court of Appeals. j.,
After fall arguments by counsel on both
sides,-
DANIEL, Judge. The Legislative proTIs
ions on which the questions raised IN this
case mainly turn. are in chapters 96 anu
38 of the Code Of 1919.
The third section of ch. 90, P. 49, pro-
vides, that for a license to keep house oi
entertainment, the application shall be-
when the house is in a town having cor
poration court, to such court; and when
not in such town, 10 the court OF the
county. If the court be Of opinion 'ha'
the applicant is sober and OF good chafac-
ter, and will probably keep house order
'ly, useful, and such as the law requires
il may grant such license; and II the house
be in a town, the court, when 1t grants tNe
same. may, if the applicant des're IT, dis,
pense with his providing for horses Il