Semi-weekly interior journal. [volume] (Stanford, Ky.) 1881-1905, 1894-04-17
GETS LICENSE.
Judge Sauney Commands County Clerk
Cooper to Issue License to 7. L,
Shelton

In the case of +. l.. shelton vs. G.. b.
Cooper, county clerk, for a writ of man
damus to compel him to issue liquor IL
cense, which he had refused on the
grounds that the precinct which included
Rowland had voted against license, heard
before Judge Saufley in special term.
the follow agreed state OF facts was
presented: Shelton lives in Rowland
and owns a tavern-house there. II isan
incorporated town of the 9Th class, with
board OF trustees, police Judge &c. On
April 10Th the trustees granted him H.
ceuse to retail spirituous, vinons and
malt liquors for one year on the payment
OF the fee OF $3.50 Presenting this H..
cense 10 the county clerk and rendering
the fee OF $3.50 in lawful money he asked
that State license be issued to him. He
offered to execute bond, take the oath
and produce the proof that he was 10 all
ways prepared to accommodate the trav-
cling public shelton had not given the
10 days or any notice and the license was
refused.
The sale Of liquors in said town WAS
not forbidden on the 9Th of May nor
since, unless by the election OF March
10Th when the magisterial district, in
which Rowland is embraced, declared
against the sale or bartar OF liquors.
Upon this agreed state of facts the court 8
decision WAS asked on this question:
WAS it the duty of the clerk aforesaid
to accept for the Common wealth the ten
dered tax and to issue the license de-
manded, and upon bis refusal to do so,
is the applicant Shelton, entitled to a
mandamus compelling the said clerk to
discharge his said duty?'
Judge Saulley held, LIST: That it was
in the discretion and power of the board
OF trustees of Rowland to grant to Plain.
tiff Shelton the license to keep tavern
with the privilege of retailing spiritu-
Gus, vinous and malt liquors, and tina,
the power TO so grant said license was
exclusive and not dependent upon mol
affected by the result OF the election
held March 26, 1894, in and for the Stan
ford msgisterial district.
Second, that the presentation to de-
PENDANT, the county clerk, by the plain.
tiff on the 18th day OF April, 1894, OF the
license heretofore granted by said board
and the offer by the plaintiff to pay
the State license tax and the clerk.
fees and to take the oath and exc
cute the bond required by law, en-
titled plaintiff upon his demand to tn,
, usual OF State license, and imposed oil
defendant as county court clerk the lie
gal duty to issue the same
I Third, that the plaintiff Shelton, i
{ entitled to the remedy sought by hi
a motion, that his motion is sustained an,
the writ OF mandamus awarded agains
q the defendant, the said county cour
| clerk, and he is therefore commanded
upon the payment by plaintiff, the sal
. Shelton, OF the license tax and tn
q clerks fees and execution OF the bon
, required by law and taking the oath, I
. issue TO him the State license TO keep
. tavern at his tavern house in the tow
. of Rowland, Ky, with the privilege {
a retailing spirituous, vinous and malt Il
quors. 1t is also adjudged that plainti
a recover OF defendant Cooper his cost
a herein expended, for which he ma
have execution.
II TO the judgment OF the court grantin
the writ OF mandamus, the deiendar
Cooper excerpts and prays an appeal ,
II the court Of appeals, which is granted.
W. q. Welch, p. O., j. B. Paxton, p.
- The license was accordingly issue,
q and the appeal will be prosecuted
= have the Court of Appeals pass on tn
- questions, especially on the right OF th
a county clerk to issue such license, il
n stead of the county Judge.