Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1910-08-10
The Clerk of County Court
Will be Compelled to
Issue Saloon
Licenses.
THE SALOONS MAY
OPEN TOMORROW
The Board of Affairs Vested
With Sole and Exclu-
sive Power.

The Supreme Court of Appeals
awarded writ of mandamus against
the county clerk this morning for the
Issuance OF saloon licenses for Blue.
field. The decision was rendered by a
divided court, three of the Judges be-
ing in favor of the writ and two dis
senting. Judges Brannon, Poffenbarg-
er and Miller were in favor of the
writ, while Judges Robinson and vii,
liams dissented. The decision of the
court means that under the charter
OF the City OF Bluefield, the Board of
Affairs Is vested with the sole and ex-
elusive power of granting both City
and State licenses, and that when liz
censes are granted by the city it is
the ministerial duty of the clerk of the
county court to issue the same.
The petitioners were represented by
Sanders & Crockett. Of Bluefield, while
the County Clerk was represented by
ID. M. Easley of Bluefleld, Judge Hugh
G.. Woods, Of. Princeton, and Brown.
Jackson & Knight. of Charleston.
The decision means that all the sa-
loon men who made application for
license before the Board of Affairs by
advertising, giving bond, etc. in the
same manner as is required by the
general statute before the County
Court viii be given licenses. It has
been the custom until this year TO
ask the city authorities only for a
permit or certificate and not for licen.
ses, the permit or certificate being
necessary before the county court can
grant a license. But this year a num-
Der OF the saloon men asked the city
authorities for both license and per
nit.
The following saloons can open as
soon as the clerk can issue licenses
Kelley & Meyers, r. e. l.. Echols.
Cohen & Baker, w. +. Stinson, Samuel
l.. Matz, Harry M. Matz, l.. Kaufman
L.. Lazarus and ID. A. Fudge.
II. M. Cohen. Corvin Bros. and Louis
Lebarwitch only asked for permits and
VIII have to advertise for thirty days.
give bond. and await the action of
the city council before getting license
CorVin Bros. commenced advertjs.
ing some ten days ago and will apply
to the Board of Affairs for licenses.
The question has been one of great
interest, and caused much discussion
especially among the legal fraternity
Sec. OF the city charter provides
that the Board of Affairs are "to have
the sole and exclusive right to grant
refuse or revoke any and all licenses
Tor the carrying on of any business
within said city on which the state ex
acts or may exact a license tax" Sec.
tion % OF the city charter also pro.
Vides that the county court shall MOI
grant any license for spirituous lion
ors, ETC., within said city. or within
two miles Of the corporate limits
thereof, unless the person applying
therefor shall produce to the said
county court the certificate OF the
Board of Affairs of said city. that the
said Board has granted a city licenses
authorizing said person to sell as
aforesaid" etc.
1t was contended by the petitioners
that this restrictive provision in Sec
% only prevented the county cour,
from granting licenses unless the par
ty applying for same had a certificate
from the Board Of Affairs
The saloons will likely open tomor
row or as soon as Mr.. E. l.. Bowman
issues them which he will be compelI
cd to do as soon as the writ OF man
damus awarded by the Supreme Court
is served upon him.