Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1912-09-13

the Court Which Requires the Coun-
" cour, 70 Act Favorably Upon the
Applieatiors--This Means the Open
ing Of Saloons In Martinsbars
4zE@n
At Charles Town this morning the
state Supreme Court handed down the
opinion In the case OF Thomas W Mar
tin vs. The Berkeley County Court,
Which requires tho latter 10 grant LID
nor licenses in this city.
Ia rendering the opinion the court
was unanimous, thus upholding that
provision OF the city charter which
requires the County Court to grant
licenses after the city council has act.
I'd favorable upon the applications,
which IN that body's opinion, are the
proper persons 70 sell spirltnous liq-
iora The opinion was the tirst one
handed down by the court today, and.
while brief Il IL very explicit.
It Is not known when the County
Court viii take action. but Ms soon az
fhe mandate has been received that
body must convene, and grant licen-
ses to the persons To whom the coun-
ai granted certificates a few months
ago
After the election last spring the
city council acted favorabiy on seven
applications for liquor licenses, and
refused few When the applications
were presented to the County Court
that body by n vote of two to one turn
ed them down. stating that the court
was not compelled 20 act fayorahiy
upon them AZ the court held that II had
full power to grant or refuse the u
eeuse. The case was appealed to the
Supreme Court and September was
named as the date for hearing the ar
guments,
Mr.. Martin was represented By Az
torney II u. Emmert and Col. Stuart
w Walker, and the County Court by
Major Mccormack, of Berryyille Va,
md Attorney A. G. Nadenhousch, ON
Wednesday afternoon the case was
argued at Charles Town before the en-
tire court, and owing TO it's Importance
an early decision was expected, Fri
day evening 1t was learned that the
opinion would be handed down this
morning, aud those who were interest
Cd In II anxlously awaited the news.
The opinion was read by Judge Hem
~ Brnnnon, OF Weston. and is hereby
given In full 1t ia as follows,
Martin vs.. County Court.
Section as, chapter 8, acts 7, 1909,
gives the council OF the city Of Mar
tinsbare sole power to grant or refuse
license to sell Intoxicating liquors In
this city or within two miles Of the
limits and when u is granted such "
sense the act 10 mandatory upon the
County Court to grant a State license.
Brannon Presiding.
On the 10th day of June. 1912. the
council Of the city Of Mnrtlnsburg
granted to 7. w Martin, license to
sell at retail spurious liquors at the
berkeley Hotel In that city On the
i1th day of July 1912, said Martin.
presented to the County Court of
Berkeley county a certified copy OF the
order OF the city council granting such
him State license to aei such hq-
aors at said hotel The County Court
enters an order, stating. such appllca-
ton 10 II for such State license. and
The council grant, and stating that
Martin had paid the tax and complied
with all the requirements OF law In
relation to the matter. and refusing
TO grant such State license. Said Mar
tin now asks this court to grant. him
writ OF mandamus against the Conn-
~ Court requiring 1t TO grant such
State license.
The case involves the construction
Of section 46 OF chapter OF the acts
OF the legislature OF 1909, the present
charter OF Martinsburg. That section
says that whenever anything for which
State license Is required to be done
within that city its authorities may
require a license. A power Of revoca-
ton of license Is also given the city.
This gives the licensing power to the
city indicating intent TO give this
populous, important municipality an
autonomy or self governing power as
TO this matter. This clause ia follow
ed by the Language "and no license
TO sell strong or spurious liquors. or
vine, or beer, or ale, porter or drinks.
Of like nature. within said city, or
within two miles of the corporate linn
its thereof, shall be granted by the
County Court of Berkeley County, I'M
less the person applying therefore
shall produce to said County Court the
certificate of the council OF the city
that said council has granted city
license authorizing said person to sell
as aforesaid and upon the production
of said certificate before said County
Court, said court shall grant State
license to sell as aforesaid to said per-
son, upon his compliance with all the
requirements OF law in relative there
to-"
Here is plainly further manifested
nfttnoqa ~ wat In fha o{tv tho eoia