Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1896-08-28
The Reasons of the Court.

The Reasons of the Court.
The numerous and persistent efforts to
obtain a license to establish a liquor
saloon in Basic City against all the
reasons of public welfare that were
urged against it. have attracted
a good deal of attention to the struggle.
The last effort was that made by w. S.
Hunter who, being refused license by
Judge Chalkley Of the county court, ap-
pealed to Judge Mclaughlin of the Giro uit
court. Judge Mclaughlin rejected his
appeal for the following reasons:
1.-THE evidence is overwhelming that slot 4,
in block 49," in Basic City is not a proper
place for the sale of liquor.
Prof. James A. Fishburne, who is the prin-
cipal of flourlshing male military school in
Waynesboro, says that the granting of
licence there has heretofore interfered with
his school, and that the very fact that licence
had been granted there, would very seriously
interfere with his business next session.
These facts, themselves, would be sufficient
grounds to deny the application.
But, in addition to this, as to the Stove
Works, Mr.. 10th, the general manager OF the
Stove Works Co., says:
His business has been very seriously impair
ed by the sale of liquor there. And he cites
the fact that if barrooms were close to his
place of business, he could not readily pro-
cure and retain the skilled laborers necessary
for the successful prosecution Of his business !;
that, since license has been refused, he has
been enabled to retain and control his labor
and to accumulate stock, ahead of his Or
derS, and for fall trade-a thing he was never
able to do, when the saloons were licensed
there. 1t therefore seems that, if license
were granted there, his business would suffer
harm.
But the evidence of the railroad men is con-
elusive. a.
1t appears, therefrom, that men get drunk
and make themselves obnoxious to the pas
sengers, and one of them said that he had to
lock the doors of the waiting room to keep
them out; another that liquor could be read
lily, and was frequently taken from these
bars to the trainmen and passengers
on passing trains, thereby causing them
to get drunk, and making it exceedingly
dangerous, as we'll as disagreeable, to the
passengers.
The County Court would not, therefore,
have been justified in granting licence, when
it had been proved to have been a nuisance,
and do not think the county court erred in
not granting licence at this place. And as Mr..
10th has said, that, There is no place in
Basic City. where the sale of liquor would
not be injurious to his plant; and as the Court
Of Appeals has said, in Leighton VS.. Maury,
76 Va. P. $751; That which disturbs the
business of a few persons, may injuriously
affect the prospects of an entire community"
Every we'll conducted foundry or furnace,
every factory where useful products are fab
ricated, is an advantage to the state, in the
employment given to labor, in the market
created for supplies, and in the development
of the agricultural and mineral resources of a
country Such enterprises are almost nee
essarily, under the control of few private
persons: they require large outlay of CAPT
tai; and these establishments should be en-
couraged by the efficient administration Of
wholesome and salutary laws.
No one can deny that the sale of ardent
spirits in the neighborhood of such may, and
often does, result in very serious injury
especially in country where labor may be
scarce, and difficult to obtain; and where there
is a want Of necessary police force to give
protection to life and property,
therefore the order OF the County Court
must be affirmed; and the application ana ap-
peal be denied and dismissed; with costs TO
the contestants Prof. James 4 Fishhurne,
The Lotii Stove Works and the Chesapeake
and Ohio K, r Counsel for Commonwealth
ana contestants. 70. w. Crowder. 7. Peyton
Brown, and Mesds 2. white. For applicants,
j., J. e. and Il. Buns gardner.