Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1915-03-05
POCA. COUNCIL IS
STILL DIVIDED
Judge Says Mayor and Four
Councilmen Don't Constitute
Quorum, and Refuses to Is
sue Mandamus.

Judge Kegley rendered his pojnior
Wednesday afternoon IN the proceed.
ihgs Drought asking for u munuamus
10 eonpei the meeting of the Poca.
hohtaS council TO consider the pend.
ing hquor licenses, by refusing tu
grant Ine writ.
Ihe reason gwen by the court for
1he REFUSAL WAS tnaL the matter OF
competing the u.emuerS of the
Nouicii 10 mcSv N'.S question to by
"c'eTiline Dy ,isS NOulINu itself and
'h''V no m;'h uoS ;ui innerenJ right 10
Seii .iquor, .nSfelore, the court had no
authority ~ to.npci Ihe council to
grant or refuse rignt To u man
"hich rs not vested one.
Counsei 1or the petitioners for lhe
hi"hualhus have inuicnteu that the f,
VIII appeal TO the supreme courl.
not ohiy upon the circuit courts re-
iusai 10 grant mandamus, but also
upon the court's refusal to issue the
licenses certified TO by the four mem
pers ol the council ana the mayor.
inns last proceeding was had last
rluay afternoon upon application to
lhe court To determine whether th,.
Tour members Of the council and tho
mayor constituted quorum. Tho
OPINION OF the court was that they did
not. In rendering his opinion on thls
point, Judge kegley Gained the atten-
tion OF the council to the fact Tint
they were facing serious period in
lhe history OF their town, in view OF
'he increased number OF criminal cas-
es coming to the circuit court hero for
Iriai from focahontas, in which liu-
uVr Piayeu an important part, and in
xiew oI ihe further fact that West
virginia mad voted dry, and that tho
location of Pocahontas on the horde,
between the States was making ineT-
ective the prohibition laws of West
virginia, and other apparent rensons
Which the court said the council of
Pocahontas should give serious consid.
GRAFTON before granting liquor licens-
From the facts now at hand IL nm
pears that there is n deadlock i'm the
Pocahontas council, which cannot ma
broken. The four members of the
council, w. X. Maxey, Sol Kwass.
Harry Gross and M. j. Alexander. who
nave persistently refused to attend the
meetings, thereby breaking up n quo
rum, are still persistent in their de-
mands, and it is said have entered in
10 written agreement, wherein thew
promise to stay from the meetings OF
the council unless it is agreed that
the number or licenses are restricted
10 ten, eight of whom are enumerated
IN the agreement, Harry Gross and
Soi hwass, two members of the conn
ell, being the other two. 1t Is snid
that these ten have agreed to nav n
license tax og $4,000 each, if given
the exclusive privilege Of selling liu-
uor in Pocahontas. This the other
members of the council have refused
TO agree to, but have agreed, instead
1t Is said, to permit the naming of six
by each faction of the council as n
compromise, but this was without re-
suit. 1t is charged by the counsel for
the mayor and the four members that
the eight licenses sought to be granted
by the outstanding members are close
ly related to at least two Of them.
The section of the code following
was relied upon strongly by the coun-
sci ASKING for mandamus:
The section quoted was used to show
that the mayor is regarded as a mem
Der OF the council, and that there
fore, the council had majority when
action above mentioned was taken by
it:
Section 1021.--In every town there
snail be elected every two years, on
the End Tuesday in June. one elec-
Tor or said town who shall be denon-
mated the Mayor, and not less than
five nor more than nine, who shall
be constituted the councilmen of said
town. The mayor and councilmen shall
constitute the councilmen of said town
Ned Holly, an alleged hotel pro.
prietor OF Pocahontas, colored man.
apparently of the old school, appear
ed here in court this week defending
case sent here from the corporatinon
court of Pocahontas, in which Holly
was fined 500 for conducting u dis
orderly house, in which it was alleg-
that a number Of ebony colored dam
sells had their abode, with no visible
means OF support. The jury heard
Uncle Ned's" story at length. and
agreed that he pay to the Common
wealth the sum of $125. 1t was es-
tablished beyond reasonable doubt
that the colored man kept the house
for the accommodation of these i'll
famed women, q number of whom
appeared here in court as witnesses.
Uncle" Ned is said to have belong
cd to the Leftwich family Of Lynch
burg before the war, and stated on the
witness stand that he was with his
master from 81 to '65; that he built
trenches around Petersburg and Rich
mond to keep the Yankees away from
the Confederate capitol and perform
ed other services for the South, for
which he asked no compensation. 1t
is not doubted that the war story and
his general demeanor on the witness
stand saved him from moro severe
punishment.