Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1836-07-01
From the Cincinnati journal and " estern
Luminary.
IMPORTANT DECISION.

Of Common Pleas, for the county Of Cler,
mont, an important decision on the inter-
probation and application of the law, re-
sPecling tavern licenses, was made,
which will give pleasure to all the friends
Of good orde: and morality thrOugout our
State.
The question came up on applications
for the renewal Of tavern lincenses, Re.
monstrances were presented by number
of respectable freeholders against their
renewal, on the ground that the appli'
Cants were not suitable persons, under
the statute, for tavern keepers, Evidence
was aGduced 10 prove that there had been
rioting and drunkenness about their pre-
mises; that men Of Incorporate habits had
been supplied with liquor and had been
intoxicated on their premises; that they
had been furnished with liquor while in
state Of intoxication; that gaming had
been carried on, upon their premises,
within their knowledge; and that liquor
had been sold on the Sabbath day. Evil
dence on the part Ofthe applicants was
adduced, that they were men of as good
moral character, as men in general, aud
ia the opinion OF many individuals, were
we'll qualified to keep a tavern.
The Court took the subject under ad'
visement for two days, considering it a
very important matter, as establishing a
precedent Tor future decisions on this sub
ject. His Honor, Judge Price, gave an
able and lucid decision, which was IN
substance as follows: When application
is made, after due notice. for the granting
atavern license, and the regular testimo
ny Of go I'd moral character, and suitable
accommodations is given, and no remon'
STRANGE is presented against the petition,
the Court, as general rule, will grant
the prayer Of the petitioners; tor the pre-
sumption is that there Is no reasonable
objections against the granting Of it, and
that those who know the circumstances
Ofthe case, are satisfied that the estab'
lishment ola tavern is necessary, and the
applicant suitable person to keep one
Nor will the Court require any strong tes
timony as to its necessity. in particular
place, or consider the existence of Other
taverns, a sufficient reason for Withhold
ding the privilege to an applicant; as the
effect of this would be to establish mon
.opoly, to prevent competition, and TO re
strain the citizen 10 the direction Of his
faculties and labors to an occupation by
him selected, which can only be done 81
far as heparamouNt interests OF society
IN health, good order, and sound moral
require It..
But on the other hand, when appllca
tion being made, a remonstrance IS pre-
scented against il by respectable ireehol
ders, and eVidcRce is adtoced Of any ri
otous or disorderIy conduct, profanity, Sc
ling spirituous liquor on the Sabbath, eA
cept as in the statute excepted, caterln
10 the apYethes Of The lntemperate-I
all such cases, the Court will decide di
lerently.
They regard the situation Of taVer
keepers, as one oil great Importance,
affecting the morals Of the community
for connected with their occupation an
covered by their license, is generally III
privilege of selling liquor by the drInt
privilege which person unsuitable
keep tavern, will, through spirit
vain, pervert to the worst purposes, pr
ducins effects alike fatal to the NOR
coudition, mental powers, and pecun'aT
prospects of large masses Of the comm'
n,ty. They hold in their hands the PoN
er Of inhicting great evils on society, 4
iurlous to It's best inIererls, If they abu
the privilege, or neglect the duties imp
scd upon them. For this purpose, Il
law regulating tavern licenses was pas
ed, that It might impose guards al
checks on the exercise OF this power al
prevent its perversion for the injury
society,
Forlhs reason the applicant must She
clearly, that If any disorderIy, proiaI
or rotous conduct has occurred on
premises, II was without his knowled
or approbation--and furthermore, that
had exercised due caution, and exert
all the influence in his power 10 preVt
1t. It is not enough that he did not
rectly minister to il himself, or coun
nance it by his presencei but he mi
make it appear clearly that 1t was not Ir'
"a degree of carelessness or Indltterer
asto his duties as tavern keeper, that
evils occurred.
This Cour. therefore determined, Il
in future they will grant lice ense TO
man, who under cover Of it, seeks OF
10 keep dram shop, and TO protect h
seIflrom Indictment -or who is pro-
10 have had on his premises, drunk
ness, rioting, gambling, breaches of
peace, or ministered to the appetites
;ntempcrate, or who has permitted
family, gross indecency, or the vIolat
Of the Sabbath, by selling ardent sPir