Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1853-07-20
For The Spectator.
The License Law.-4.

| For The Spectator.
The License Laval.
.Wesns Editors Without farther Dis
cusslng the expedieney Of a more rigid en-
forcement of this Law, let ds examine the
question of power possessed by the Court.
II is contended, that the Cont is bound
to give its certificate to all Merchants de-
string retail privileges, who establish good
character. The terms of the Law thus far
reed not be discussed. II Is added howsv:-
err land it (the court sees no objections"
now this phrase either refers to the man
Tor to something else. But IL Is very use-'
less and absurd appehdage 10 require the
Court to certify to mans character that il
is good and fair and then that it sees no OBJ
iections to him. How could objections be
raised against the man who had established
good. character. The phrase is evident
ly signed to cover something else. The
Court must consider whether benefits or IN
iuries to the community are likely to arise
and whether, whatever be the mans repus
tation fot sobriety and probility, the inter.
ests which the Court, as conservator OF
public morals has been set to watch, Will
be served by such license or not If this
be not the meaning, then are we reduced
to the absurdity that the Law only contem-
plates question of reseftte. IF this be the
view of the Law, why any discrimination
of persons once admit that the Law en-
trusts the Court with conservative powers
that it regards h9uor selling as dangerous
privilege and we are bound to interpret
"objectIons" as pertinent to something oth'
er than the retailers character. This es-
tablished, the unlimited discretion Of the
Court is established, and it is only requisite
for the Court to say sit sees objections" to
destroy the hopes of the License. It rs
vain to say that existing legal decisions are
opposed to this. The Lexington case, OF
which so much has been safd, turned on the
fact, that the County Court undertook to
render reasons which were not consistent
with its own decision and at war with the
provisions of the Law. The authority OF
the professor of law of the University can
be quoted to show that there is no power
to review the decision of the County Court.
The simple question then IS, whether the
Court can exercise its discretion to point
of either refusal, so that no applicant. what
ever his pretentions, may be licensed. IN
other words, whether this course is expe-
dent. 1t is believed that it can be shown
from the very working Of the present law
as generally interpreted and applIed,that
total prohibition is better than any Incense.
Before proceeding to this, let us notice the
case of Hotel keepers or ordinaries. Here
the gist of the whole matter is the fneaning
of "may." Mr.. Roblnson's opinion, which
was cited before our Court, clearly estab-
fishes the discretion of the Court. Some .
or I County Courts in our State have acted
accordingly, and believing that entire dis-
cretion as 10 merchants licenses and ordi-
naries was vested in their hands, they
have used it and refused all. If this be not
a right view, then why do We have any
law Why not have all places OF retail
listed and taxed without question, as 10
persons or places The Court rs not re'
quired to Judge whether a man may sell
cloth or practice medicine or dentistry or
exhibit monkies aud elephants or sell any
kind of wares. The very purport OF the
law is to protect the community from the
injuries which may entire TO II by the In
discriminate sale Of liquor. Now 1t IS con-
6dently believed that the License Law as
at present understood and applied, furnish.
es no such protection. It ought either to
be so rigidy enforced as 10 repress the re-
tail sale of spirits for indiscriminate use, or
Il should be repealed and give place to
Law which could be easily enforced tor that
purpose: p.
/. If the Court is obliged to grant license
to all showing good character, 1t must IT.
[cense men to do the worst part OF the evh
doing. enuring to the community from the
use Of spirttuous liquors. Such men, mefi
of real character and good behaviour, are
the means, unwittlngly it may be, OF allur-
ing the young and unwary to form tmProp-
er habits. They sanction such course
Their stores and houses are deemed respec-
table and the youth fre9uenting them are not
less thought Of. They supply the army OF
moderate drinkers out of which the select
force of drunkards are drawn:
g. If the Court be thus obliged, then, Or
dinarily, any man may obtaln.llcense. ms
character must 5e scrutinised,p, you Will
saw: But what a scrutiny Bystandefs
are challenged to come forward as accu-
sers, or some neighbor is placed III the en-
yiable predicament of being swift witness
against his neighbour. Sach questions as
these are asked: 'Do you know anything
agshs ibis spp!icanth 81 Shas iasar he hssI, kept 8;
"Does he abuse his pyivilegeF' and sueh
answers as these are given: 81 know noln'
ing against him." ri have heard no COM
plaint." 81 never saw him drunk, Sc''
&c. Now the consequence is, that neIgh-
borhoods qroan under the tinted horrors oil
dram shops, wives are abused, children neg
lected and ill-traned negroes corrupted
masters pllfered, boys grow up drunkafus
before they are 1S, and thlevlng ano cnea'-
inc are fostered among servants, paupefs
are increased and crime is rampant, and
vet no one can lay his finger on me man
and swear he has abused his privilege
WHO knows whether the liquor which IN
cited Malony and gave rise to the horrors
and the expenses OF the outage OF last ha,
gust, was bought under license or without III
The law is utterly inefficient.
8. And if the Court be then Obliged then
you cannot easily put salutary check on
the licensing. Indeed it has been openly
! contehded, that if yon license one or TWO OK
more. Won must license others. II used 70
be a yerv unusual thing for any TO be refas-
cd Wste anv refused license, finally, at
orr @ Cornoration 1 Court How few failed
/ fy~>f g. a.