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

~ Court to Act Favorably Upon the
AppIicatIons--This Means the Open
ing Of Saloons In Martlnsbure.
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 the latter to grant liQ-
uor licenses In this city,
In rendering the opinion the court
was unanimous, thus unfolding that
provision Of the city charter which
requires the County Court TO grant
licenses after the city council has act
cd favorable upon the applications.
which IN that bodys opinion. are the
proper persons to sell spirituous liq-
uors. The opinion was the first one
handed down by the court today, and,
while brief. Il is very explicit.
II is not known when the County
Court will take action. but az soon az
the mandate has been received that
body must convene, and grant licen-
ses 60 the persons 70 whom the coun-
Gil granted certificates few months
ago,
After the election last spring the
city council acted favorably on seven
applications for liquor licenses. and
refused few, When the applications
we're presented to the County Court
that body by vote OF two TO one turn
ed them down, stating that the court
was not compelled to net favorably
upon them as the court held that 1t had
full power to grant or refuse the IL
cense. 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 At
torney II. II. Emmert and Col Stuart
w. Walker. and the County Court by
Major Mccormack. OF Berryyllle. Va.
and Attorney A. G. Nadenbousch. On
Wednesday afternoon the case was
argued at Charles Town before the en-
tire court, and owing to its Importance
an early decision was expected. Fri
day evening 1t was learned that the
opinion would be handed down this
morning and those who were interest
ed In II anxiously awaited the news
The opinion was read by Judge Hen
ry Brannon, OF Weston, and Is hereby
given In full II Is as follows:
Martin We. County Court.
Section as, chapter 6, acts 7, 1909,
gives the council OF the city of Mar
tinsburs sole power to grant or refuse
license to sell intoxicating liquors In
this city or within two miles Of the
Units and when It ls granted such H.
cense the act is mandatory upon the
County Court TO grant State license.
Brannon Presiding.
On the 10th day OF June, 1912. the
council Of the city OF Martinsburg
granted to r. w. Martin. license to
sell at retail spurious liquors at the
berkeley Hotel in that city On the
18th day OF July 1912. said Martin.
presented to the County Court OF
Berkeley county certified copy OF the
order of the city council granting such
license and asked the court TO grant
him State license to sell such llq-
uors at said hotel. The County Court
enters an order, stating, such applica-
ton to 1t 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 Coun-
ty Court requiring it to grant such
State license.
The case involves the construction
OF section 46 of chapter 6 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 thfs
populous, important municipality an
autonomy or self governing power as
to this matter. This clause is follow
ed by the Language "and no license
to sell strong or spurious liquors, or
wine, 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, UNI
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 a 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
purpose to vest In the city the sole
power to grant or refuse such license.