Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-09-14

censes TO the county court Of Berke-
ley county. West Virginia and
WHEREAS. petitioner has compli
ed with all Of the requirements OF law
Of said city and has paid to said city
the license tax required for such priv
ilege; and
WHEREAS, said 7. w. Martin had
procured from the Clerk Of the city of
Martinsburg a certified copy OF the
order or resolution of the council OF
said city, granting him city license.
as required by law, and that he has
complied with all the other require
ments Of the state law Of West Yir-
ginia: and
WHEREAS. the said T. W. Martin
did on the 18th day of July. 1912. ap.
ply to the County Court of Berkeley
County, w. Va. for state license to
sell, as aforesaid, at retail at the
Berkeley Hotel, No. 120 w King
street, in said City Of Martinshurg
and
WHEREAS. upon his application to
said county court and upon his ex-
hibiting the certificate from the City
council of Martinsburg, w Va all the
requirements of law having been com
piled with, as found by the county
court, said county court declined to
grant him said state license as is re-
quired by said Sec. as of Chapter 6
of the Acts of the Legislature of West
Virginia of 1903; and
WHEREAS. the said county court
of Berkeley county entered an order
declining to grant such a license, and
WHEREAS, on the 18th day Of July
1912, petition was presented by said
T. w Martin to the Judges of our SUI
preme court of Appeals praying for
an alternative writ of mandamus
against said county court of Berke-
! ley county and the members thereof
to show cause if any it or they can
why such license should not be grant
ed said petitioners, and the alterna-
| tive writ prayed for was granted on
said day, returnabe before said Court
on the 4th day of September, 1912,
and
/ WHEREAS, on said 4th day OF Sep
/ TENDER respondents demurred to said
/ petition and filed an answer and re-
turn thereto, and all questions arising
thereon We're fully argued by counsel,
and
4 WHEREAS, on the 9TH day OF Sep
\ tember 1912, after mature consider
alton, the court was of opinion that
said defense was not sufficient to bar
the writ of mandamus prayed for, and
granted a peremptory writ of man
/ damus in this case.
| NOW, THEREFORE,. we being will
/ ing that justice be done in the prem
/ Uses, in the name of the State of West
Virginia, do command you the said
county court of Berkeley county West
| Virginia, ID. P. Lemaster, Thomas
! Kearns and Charles w. Thatcher, the
members thereof, to issue and cause
/ to be issued a State license to the said
T. w. Martin. to sell, at retail, spirit
uous liquors, wine, beer, ale, porter
| and drinks of a like nature. at the
Berkeley Hotel, No. 100 w. King St,
in the City of Martinsburg, West Vir-
ginia.
And fail not under penalty of law.
Witness, VIM. B. MATHEWS, Clerk
OF the said Supreme Court of Appeals
of West Virginia, this 18th day of Sep
TENDER, 1912, and in the 50th year of
the State.
VIM. b. Mathews,
Clerk
STATE OF WEST VIRGINIA.;
To the Sheriff of Berkeley County,
GREETING:
You are hereby commanded in the
name of the State of West Virginia,
to make service of the foregoing writ
upon the said County Court Of Berke-
ley County, West Virginia, and d. p.
Lemaster. Thomas Kearns and Char
les w. Thatcher. the members of said
court, and to make your return there
of to this office. showing how you
have executed the same.
Witness, WIN. B. MATHEWS, Clerk
of the Supreme Court of Appeals, this
18th day of September 1912, and in
the 5Oth year of the State.
VIM. b. Mathews,
Clerk.