The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-10-04
MIR. SCHMULBACH SMILES
Judge Haymond's Decision knocks The $3.50
License Proposition Into
Cooked Hat.
GRAFT" CHARGES PETERED OUT.

| a sardonic smile illumines the face
OF Schmulbach
4 He is now at both theoretical and
practical liberty to hand around bar
rels OF beer in Fairmont at the rate
of two for Ave.
Judge Haymond's opinion. as read
to the council last night, fulfilled the
lowest and gloominst dejections OF the
most pessimistic OF Its members. Two
and one-half cents barrel--two bar
rels for a nickel--that. said last
nights opinion. is what the last ses
sion of the West Virginia State Legis-
lature has undoubtedly charged Mr..
Schmulbach for the privilege OF pour
\ ing his thirst.liller over this arid,
avid community And evcn that much
only since he maintains a storehouse
In the city. II II wasn't for the store.
! house the city would be ppwerIess to
collect anything. the State license
covering all the expense. and. more.
over, permitting the city council ro
choice as TO whether city license
should be granted--no power whatey-
er beyond the conditional 21s cent
one. The opinion threw down the
$3.50 ordinance so hard that 1t smash
ed fiat spread out as thin as q drink
/ of water, and evaporated into thin
air.
At the conclusion of the reading OF
the opinion there was a deadly silence
while the newspaper men counted on
the fatal ten. Then Councilman
Amos slowly raised himself on one
elbow and suggested that the council
had "zigzagged" long enough with
this matter and proposed that It be
dropped. This seemed to voice the
assembled sentiment. No member
raked up courage enough to make
motion. So not even a formality
marked its fall
The "oraft' Fiasco.
The council wasn't IN a mood for
absurdities after that. and though
Councilman Robinson moved half
dozen times that hts graf bug-a-boo
receive further advertisement, and
called the councils attention to the
very patent circumstance that he had
brought Abe Friedman into the coun-
Gil chamber to assist In laying the
ghost, the mayor took his cue from
the composite expression on the coun-
ellis face and ruled The insistenl
First-warder out OF order.
Routine.
The council was called to order at
$500 o'clock with the mayor in the
chair and Councilman Shaw, Amos.
McNeely. Boydston, Davis. Robinson.
Hutchinson and DeBolt present.
The mayor stated thar the commit
tee on the Gettings damage claim was
not ready to report.
The street committee reported IA
vorably on repairing Fifth street frois.
Fairmont avenue to the brewery at
cost of 500. The street Commission
er was instructed to make the repairs.
A plan OF City Engineer Prickett
for making Pike street 90 feet wide.
indorsed by w. e. Arnett and other
residents Of Pike street, was ar>
proved, and the street committee In
structed to draw up the necessary
agreements with the property owners
and the Traction Company.
Building permits were granted to
Fairmont Lodge No. .. A., F. and i.
Masons to erect fvt-story brick
building at the corner Of Jefferson
street and Porter alley, and to Alex:
B. Robb to erect frame dwelling on
Cherry avenue.
The petition OF three Mount Vernon
avenue residents that tho city furnish
the pipe and permit them TO lay a
sewer along the alley between Mt
Vernon and Coleman avenues was
referred.
The mayor presented the request
OF ]. T. Snyder. OF the Fifth ward,
that some ditching be done near his
property to carry on storm water.
Commissioner Richardson was in
structed to do the work.
H. F. colebank. of the Fifth ward.
asked for sewer connection at his
place in the Fifth ward. The matter
was referred.
The East Park Company made a
proposition to the council to sell the
Morgantown avenue brick culvert to
the city for 20 cents linear foot pro-
vided the city would lay a sewer out