Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1839-12-12

of Roads to the article signed "Chee- I0i ~
Il is from an eminent Jurist, whose opin.
ion always command respect. We hope
il will satisfy our Friend, whose article,
published TWO weeks since. elected his re-
pIv.-Ttmperance AdUocute.
Mr.. Editor:-
Your correspondent Friend" whose COM
municaliun was published by ynu m the
7Ih ull., proposes Il question of great i'm
porrance as The law now stands, but which
will he of lille moment as the law will, |
hope, shurly he.
Ills question is, whether the Commits
sionefs Of Roads can, consistently with
law, refuse license TO man Of good
character, who offers 10 comply with the
statutory requislions. From the lone of
his communication, it is manifest thai he
is a gond man in search Of truth, with a
view 10 The conscientious performance of
his durv; and is ihprf re, entitled TO the
best advice which can be suggested. AL
though not competent 10 offer the best,
will give the best within my power, and
beg him seriously TO consider it.
Your correspondent appears to be Il
Commissioners of Roads and will, no
duubI, perceive that The primary dn'v Ell.
trusted 10 him. relates IL the repairing of
the public highways. Tie Board of which
he is member, was not constituted fnr
lhe purpose IF granting license: hui. be-
inc in existence for much hi CHER pur-
pose. the granting of license WAS inci'lcn.
tally SUBMITTED to it I,y The Legislature.
He will perceive, also, if he will care.
fully consult the Acts Of the Legislature.
'rhy The application for licenses was Ic
fcrred 10 lhc Commissioners uf Roads,
Bridges and Ferries. The snbiect putun-
der their charge, exclusively, to the reans
of Observation-Disclosures he'w cen The differ
cnl paris of rhc country; and rs Huerns,
| for the accommodation OF The traveller,
must exist, as our means of inlcrcommn
nication, whatever related to them would
very naturally. he considered as prnperl,
failing wnhin lhatJurisdicIion to which the
general subject had been cnmmIed. 1t
will. strike him, think. from the words
of the Acls relating To retailing, that the
Legislature in authorizing the gIanting Of
retail licenses, intcnled The measure as a
means Of restriciion;-lhcy did nor intend
that every body might retail, (fur then uo
license would have been necessary bur
that nobody should retail. except l!lose 10
whom licenses should be granIcd.
Hr will see, also. how much The law has
hpen perverted. No such thing as y grog
shop, Tor The exclusive traffic in eiIls and
half pimls. was ever Intended to hr author
wed. II was supposed. (aS opinions then
wcnl.) that stimulating drinks were proper
for The rcfreshmenl oI lIr weary traveller;
and, hence The Commissioners of Roads
were authorized (hut not cnmnlamledj to
grant licenses 10 keepers of tdrernS. Your
correspondent will find, according ly, Iliar
il the laws is fully complied with. every
person taking license must give bond and
security, not only 10 keep an orderly house,
hu, TO furnish Wholesome inod aud cuuve-
nicni lodging to travellers and sniuurners.
When, therefore, Il man, however gnoL
his character may he, applies for 4 retail
license. with the avowed object of Keeping
a lclai! shop and no more; my opini,rn j..
that The Commissioners, in the honest dis.
charge Of their tlury,are not only not hound.
hut that they are uul al liberty to grauI it.
And so, have no doubt, the spirit aud
true intention Of the law is.
have answered YOUR corresponding by
setting forth my view Of his duty accord
ing To the spirit, and not according 10 The
very letter Of the law, because, from the
tenor of his remarks. his difficulty does not
seem To lie. in surprising that by the ietirr
of the law the Commissioners are cOmpell
I'd to grant licenses 10 every, ar even to
any applicant. huI in his fear that a reFn
sal to grant one to an unexccptionahle
person might offend the spirit of the law,
rs it now stands. think hr need indulge
10 such apprehension in refusing TO license
Il common .groe shop: and that. | suppose,
is the case which he conlempIaIes.
That The subject is completely in the
power nf the Commissioners, under The
ielcr of the law, was long ago decided in
the famous case of EIDE Van Evour. which
believe is reported, and which any Of
YOUR legal friends in Columbia will put in
your possession: and hope you will pub
iish it for general information.
THE Commissioners in Pickens, have
utterly refused 10 grant single license in
any part of The District; and those of York
have, al the instance Of Il very extensive
section of thai District, come 10 similar
resolution as to that section. The exam
PIE is noble. CHEZ ToI.