Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-07-13
THE COUNTY COURT
REFUSES LIQUOR
APPLICATIONS
By a Vote of 2 to Saloon Licen-
SEES Are Refused.
CASE WILL BE TAKEN
TO HIGHER COURT

scented Against Granting of the Ii
censes-city Must Continue, For :
Time On Water Wagon.
At special session of the count,
court held Thursday, court by vote
OF 2 to / refused to grant liquor Ii
censes for the city OF Martinsburg.
The court convened promptly at IL
O'Clock, with large crowd present
to witness the fight for and against
the granting of licenses for saloons
in the city. All members of the court
were present.
Attorneys A. c. Nadenbousch and
H. II. Emmert appeared for those
who opposed licenses and Col. S. w
Walker represented the saloon appli.
cants. After the clerk had read the
call for the special session, all other
business was postponed until after.
noon, and the question of granting Ii.
censes was taken up.
Mr.. Nadenbousch, on behalf of
those who opposed the granting of Ii
censes, presented a large petition to
the court, which contained the names
of many of the citizens of the county
setting forth their reasons why the
applications should not be granted.
He said that they did not desire to
attack the character of any applicant
nor had they any disposition to do
hut hnl ocs
wrong to act favorably on the applica-
tions, not only from moral but firm
a legal stand point.
AT this juncture President j. P. Lee
master interrupted him by saying
that the court did not want to hear
any long speeches on the matter from
either side, and intimated that the
court had formed an opinion and
would act REGARDLESS of any arguments
for or against the granting of the ap-
plications.
Colonel Walker asked permission
of the court to read part of section
as chapter of the acts of the legis-
lature, which he claimed pertained to
this particular case. At the conclus-
ion of the reading, he argued the ques
ton briefly, and pointed out to. the
court that it had no choice in this
matter, but to examine the applica-
lions, and ascertain if each applicant
had cmplied with the law.
He then referred them to the cities
of Grafton and Bluefield. where the
county courts had refused to grant IL
censes after the municipalities had
granted them, and where the cases
had Zone to the supreme court, and
that adverse decisions had been grant
ed. He further said that he could
cite the court to other cases, where in
every instance the supreme court had
held that the county courts were
bound to act favorably on the applica'
tions after the cities had.
Mr.. Nadenbousch inquired into the
publication of the applications, and
Colonel Walker replied that the court
had the right to examine into the pub
locations, and ascertain their legality
Clerk Hobbs said that he had given
the notices of applications for license
to The Herald and The Sentinel. Cop
les of both papers, containing the pub
locations, were produced, and that
question was settled.
Mr.. Kearns asked Colonel Walker
IL the city had a right to grant H.
censes after the last election. Mr.
Walker replied that after the last
election, the city could have granted
licenses legally, but morally it could
not. But since the city had granted
the licenses the court was simply act
ing in a perfunctory manner, exam
lining the applications and seeing
whether the law had been complied
with. And further that the court was
under obligations to act favorably.
President Lemaster wanted to
know if the court was governed by
the city.
To this Mr.. Walker answered tha
according to the acts of the legisla
ture the court was in duty bound tC
abide by the city's actions in this ma
ter. and in case it refused the coun
ty would be compelled TO pay this
costs of litigation.
President Lemaster then announc
ed that the court would go into ex
ecutive session and consider the mat
ter
The court remained in executive
session for some time. and the mat
ter was discussed thoroughly. Abou
1925 it was announced that the cour
was ready to give an opinion, and tn,
room was soon filled with an anxious
crowd eager to learn the decision
Upon the arrival of the attorneys
President Lemaster annunced tina