Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1855-05-05
LICENSE on NO LICENSE.

ue uCt VI hbseuiDir Cnifoo tuS
new liquor law" has been considerably discus
sed and various opinions in regard to its con-
struction have been given. That a law should
be passed by our legislature, the provisions
and effect of which should occasion so much
doubt, and give rise to so many different in
terpretations, is matter Of regret but when
it is considered that a majority of that body
claim, and are generally reputed to be, know
nothings, it can not be considered very extra
ordinary, and certainly should not excite any
surprise. When person employs carpen-
ter to make watch, or tinker to model
ship, he ought not reasonably to expect the
performance to be pt 'ection, or any near sp-
proach to that exalted ideal. The present
law was drafted by an editor. This class Of
humanity are generally expected to know
everything, but unfortunately for the fraterni.
ty, this abortion proves that these lucky indi-
viduals are not always gifted with any super
natural powers. are not always infallible, and
may sometimes be guilty Of as much folly as
ordinary mortals. When q man does not
know what the law is, and has very uncer.
tain idea of what it should be, his only motive
and consideration being wild fanatcism, he
is very improper person to be intrusted with
legislation. We do not desire to be under
stood as advocating drunkenness, when we
say that legislative enactments cannot govern
q mans appetite, or Undue him with perfect
morality. We make this assertion with full
knowledge of the material of which our
legislatures are generally composed, but with
very vague knowledge of the number Of
times each member goes to see the "Fish'
or. the quantity or strength Of the gin cock
tails he there imbibes. Those honorable
bodies certainly knew from personal expert.
ence that some check should be placed upon
the facilities for procuring those stimulating
connections. Whether any or all of them
were under the influence of some of the pre-
parations of the liquid whose sale they have
restricted, during the time Of the considera.
tion and passage of the BILL we are not pre-
pared to say, but the muddled wording of the
law gives ample ground for suspicion o.
stupidity, either natural or artificial.
There appears to be some doubt as tc
whether the law will take effect at once, OF
whether some sections are prospective ant
some immediate. The Treasurer Of thi!
county has refused to license merchants to sci
liquor, under the belief that the authority tc
do so has been taken away, by the provist
Of the 4th section. If that section is intended
to 60 into effect Immediately on the passage
Of the bill, then it is certain he has no author
ity, and it is equally certain that inasmuch n
Of merchants and others, the power to Obtain
q license to sell liquor BY the quart is take,
away. that the penalty heretofore affixed t,
the misdemeanor Of selling without licens
is imperative, for the law does not demant
impossbilities. 1t will not prescribe pun
ishment for selling liquor without license
when it expressly prohibits license bein,
granted. If this construction is true, the
T any one may sell liquor, by any measure no
Jess than quart, from this time until tn
first day Of October.
But the act of Assembly commences wit
/ the words, "from and after the first day
= October next" and then follow the prohib
tions, penalties, &c. 1t is clear from th
mention of date that it was the intention
the Legislature that the law should 20 int
effect only from that time. All its provision
show that it was not intended to 60 into op,
ration sooner. The law must be considere
as a whole, and an Interpretation cannot b
given to any one section without regard I
the others. We are Of opinion that the tim
when it goes into effect is distinctly fixed b
the first section. Treasurers are authorize
and required to issue licenses. as usual, upo
the payment of the required tax. and sue
: has been the decision of the Courts of tw
adjoining counties in cases brought befol
them under this law. or course such lcen:
ceases on the 1st of October, as at that tin
the law goes into effect. The l4th section
the law plainly contemplates the issuing
such licenses, when it provided, "nor shall al
u license which may be granted before the l
J day Of July next authorize tie sale of sa
y liquors or any admixture thereof, after Il
lst day of October next" If the power
grant had been repealed on the passage
IS this act this section would be nonsen se
J. supposition not inconsistent with the b
q generally.