Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-15


consider the important matter of the
application of Bader & Maurer, own
ers of Pleasant Valley park, for a
liquor license at that place. The ques-
ton was an interesting one, and at
tracted wide attention. Most of the
resident citizens of the town of Pleas
ant Valley were present during the
session, as well as large number Of
others, the room being at all times
crowded to it's reasonable capacity.
The result of the long session was
decision by President Mcregor that
the Board could not take up the mat
ter, and he declared the session adj
journed without a vote being had.
The applicants for the license were
represented by J. B Handlan, Esq,
while Messrs. Erskine & Allison rep
resented the opponents, the citizens of
Pleasant Valley town. Prosecuting
Attorney Meyer was the legal adj
visor of the Board.
1t will be remembered that last year
the petitioners were refused a license,
whereupon they ran the park without
license for time, until closed by an
injunction obtained against them in
the Circuit Court. Yesterday they ap-
piled for a county and State license,
and were met by the objection that
the Board was powerless to grant a
license in the absence of prior favor
able action by the local authorities.
This point was argued deliberately by
attorneys for the citizens of the town,
and was combatted as vigorously by
Mr. Handlan for the other side. The
law in the case was. laid down by Mr..
Erskine, of counsel for the citizens,
in the following short brief:
1'Mr. President:-My argument on
this question shall be brief In order
that it may be thoroughly condensed,
and because was not sure that other
engagements would permit me to be
personally present this afternoon,
have it all written out.
'The people of this State, through
the constitution of the State, have
made and declared the law of the State
on this question of granting license
without the consent Of the local
authorities in no uncertain terms.
Article s of the Constitution estab-
fishes the County Courts and provides
fnr hoard ho of tho
police and fiscal affairs of this county,
the same as if you were named the
County Court. After enumerating
your powers in regard to police and
fiscal affairs in broad terms, it adds,
Tin Sec. "a of Art. 81:
Provided, That no license for the
sale of intoxicating liquors in any in
corporated city, town or village shall
be granted without the consent of the
municipal authorities thereof, first had
and obtained
''The people of the State have thus
written in their Constitution one right
which they intended the peope of
every local community should have
the right of protection against the
evils of close contact with a saloon.
That provision Of the Constitution is
the supreme law of the State on the
subject. The Legislature could never
annul it, and has never attempted to
do SO; but, on the contrary, has, as
you can plainly see, passed a law to
carry it out.
''The people of the State have, in
Clause of the first article of the Con-
stitution, made a general statement as
70 I,,%r 0f oIb &D
mental provisions Of that supreme law,
as follows:
1.-The provisions of the Constitution
of the United States, and of this State,
are operative alike in a period of war
as in time of peace, and any departure
therefrom, or violation thereof, under
the plea Of necessity, or any other
plea, is subversive of good government
and tends to anarchy and despotism'
There is no plea of any kind that
will justify departure from the plain
provisions of the Constitution, es-
tablished for the protection of the
rights of the people.
1.-THE constitution of West Virginia
contains one provision which every
member of this Board has complied
with. That provision is in Article
four, section five, and reads as follows:
Every person elected or appointed
to any Office, before proceeding to ex-
ercise the authority, or discharge the
duties thereof, shall make oath or af-
firmation that he will support the Con-
stitution of the United States and the
Constitution of this State, and that he
will faithfully discharge the duties of
his said Office to the best of his skill
and Judgment
This oath, prescribed by the Con-
stitution, is very brief, but it is not
short enough to overlook the rights
of the people of Pleasant Valley.
mo court of this State has ever
held, or even limited, that the pro-
viso in Section twenty-four of Article
eight is not binding. There is not the
slightest ground for such a contention.
1T may be claimed to you that the
statutory machinery of the State has
been SO constructed that there is no
provision for an appeal from your de-
cision on this application for liquor
license in Pleasant Valley, and that
therefore you may be able to effective
y help the petitioners to disregard the
5hts of the people of Pleasant VAL
icy, even If those rights are plainly
guaranteed by the Constitution. Sup
pose it should be true that there is no
appeal, and that your action on this
question may be final, does that abb
solve you from your duty to support