Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-01-04
THE LICENSE IS REFUSED
MANDAMUs VROcEEDING.s M.
GUN BY BATSON.
The Commissioned 70 Must Appear
Before Judge Shuford aud show
Cause why They should Not
Graut BaisOn q License.

Before Judge 9huf0Td aud SHOW
Cause WHY They should No
Graut Ba'son a License.
The arguments Of counsel in the Soutl
Main street saloon case before tn,
County Commissioners occupied two
hours of Yesterday afternoon. The cour,
room was crowded with listeners, more
persons being present than at any of tn.
previous sessions of the court.
In the course Of the argument of Ii, B,
Carter against the license the gentleman
remarked that the story Of the Batsou
loan seemed to him to he so improbable
that he was almost willing to propose
to the other side that a telegram be sent
to Atlanta asking Mr.. Davis whether or
not be had sent check to Batson on the
fifteenth OF December. and if they received
an affirmative reply then his case should
fail.
The words were scarcely fallen from
the speakers lips when W. W. Jones was
on his feet and had passed telegram to
Mr.. Carter, saying as he did so: We'll
accept the proposition"
Great applause follow the scene and
when the shouts of laughter had ceased.
Mr. Carter said that he had not made n
positive proposition.
The laug htcr and applause was re.
newed at the statement, and the speaker
exclaimed sarcastically: IF the colored
people stop their noise will proceed"
The sheriff raped for quiet, and when
order was restored, the argument was
continued.
The telegram shown by Mr.. Jones had
been received but few minutes pre-
viously and read:
Atlanta, Ga, Dec. 3, 1S94.-W. w.
Jones, Asheville: loaned H. Z. Batson
twelve hundred on twelve months. T..
W. Davis"
At the conclusion of the argument the
Commissioners said their decision would
DC given later and they prepared to leave
the room.
AT this juncture J. c. L. Gudger of
Waynesville requested the attention of
the Commissioners. He said that the
ladies wished the Commissioners to un.
derstand that their presence in the case
was not due to any combination with
liquor men.
!he Commissioners then retired Later
1t became known that in their delibera.
tons they decided that The la Nv left them |
no discretion when an applicant for a |
license was a citizen, but they voted |
unanimously to refuse the Batson appli- |
cation and made the following record in |
the case:
Application having been made to the |
BOARD OF commissioners of Buncomhc |
county bv ii. E. Ba,son tor license to sell |
liquors at No. 81 South Main street in
Asheville. in Buncombe county, the said
Board, having heard the evidence and
argument OF counsel, do find the follow.
ing facts.
Il. That said applicant is not the
real party interested in said application,
but that one F NJ Simmuns. who is a
citizen ot the State of Suuth Carolina,
IS the party in whose interest and for
whose benefit the application is made,
he being the real applicant and not
legal voter OF North Carolina.
"Ih retorc said application is re.
fused"
A summons in mandamus proceedings
was served on ], E. Rankin. chairman ofl
ne County Commissioners Just before
~ o'clock last night, to appear before
Judge G. A Shuford at chambers in the
'ity OF Asheville, on January 49, A copy
of the complaint was served with the
summons. The complaint charges that
Batson had complied with the statutes,
that he is a citizen of North Carolina
ana that he had previously obtained
Icense from the Board OF Aldermen to
'etail liquor in Asheville, praying udg-
nent for an order of mandamus com.
oeIl'ng the Board of County Comuis.
'!oners to grant him a license and for }
he costs OF the action.
The service was hurriedly made because
udge Shutord will leave Asheville on the
ith, and the law requires 10 days
l"tice to he given defendants in such =.
aScs.