Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1858-05-13
THE LIQUOR LAW.

Inc EaSCOn liIneS VI uCSuot oo@ "LA
incident occurred in the Court there on
Friday last, which has been the occasion
of much lively discussion and remark, as
well as no small amount of merriment at
the expense of the Legislature in general
and of Mr.. Representative Goepp in par
ticular. To fairly understand the "joke,"
it must be recollected that the new License
Law originated in the House of Represen-
tatives, and was designed to inaugurate free
trade in selling hquor-to take from the
Courts all discretion in the granting of IL
cense-and to make it obligatory on them
to grant to every applicant whose papers
were in due form, without inquiry into the
necessity of the house for the accommoda-
ton of the public The Senate demurred
to this feature of the bill, and amended,
so as to allow an inquiry into the necessity
of the license, but by the pertinacity of the
House, was compelled to yield the point,
and the free trade bill of the House be-
came law as now in force.
On Friday number of new applicants
came up before the court of Northampton
county, and were confidently pressed, upon
the ground that their necessity for the ac-
commodation of the public was not to be
considered-that having complied with the
forms of the law, they were entitled to their
licenses as a matter of course, and that the
Court could not refuse them. Gov Reed
er, however who was adversely employed,
took the ground that the Legislature were
entirely mistaken as to the meaning and
effect of the law they had passed-that it
had no such operation as was generally as
cribed to it, and that in fact, the Court was
bound to inqu as under the old law, wheth-
er the tavern proposed was necessary for the
accommodation of the public, and if, in
their opinion, it was not so necessary, they
must reject any application.
The matter was argued on Friday even
ing and Saturday morning, and the Times
says Gov. Reeder so clearly and conclusive
ly established his position that there can
remain no doubt upon the subject. Near
ly, if not quite all the members of the bar
concur in the opinion that the argument
cannot be answered, and the citizens gen
orally are of the same opinion. But what
turns the joke completely upon Mr. Goepp
is, that the Court subsequently gave their
opinion, sustaining Gov. Reeder's position,
and refusing to grant licenses to all the
parties applying, except one, which is held
under advisement until the 18th of June.
The Times thus concludes:
" Singularly enough, the counsel for the
applicants was Mr.. Goepp, who was chair
man of the Judiciary Committee in the
House, and has the reputation of having pre-
pared the bill lie is certainly an able law
yer, and a clear-headed logical man, and vet,
we are told, he was unable to meet the posi-
ton taken by Gov. Reeder, and argued the
question in such a manner as to convey the
impression that he was convinced against his
will. We are not learned in the law but we
understand that the position is based on the
legal operation Of a proviso in the sixth sec
ton of the new law, and also by the argu-
ment that by the repeal of a repeating law
the third section Of the act of 1884 was un-
expectedly revived. 1t is generally consider
ed here as capital joke upon the legisla-
ture."
The third section of the act Of 1884
above referred to, is as follows
No court shall license any inn or tavern
which shall not be necessary to accommodate
the public and entertain strangers or travel
ers."
Whether Gov. Reeder and the Court are
right or not in their view of the law, the
tables have certainly been nicely turned up
on Mr.. Goepp, the author of the new IL
cense law
[ If the above Interpretation of the Ii
quor law be correct, the temperance men
who favored " free trade" in liquor with
the hope that a reaction would thus be Gre
ated and prohibitory law passed, must
try something else. TO us such doctrine
appears unsound, because We have always
considered it far easier to keep sober men
sober than to reform drunkards.
sa5~ VIM. NJ. Allison. has disposed of his
interest in tho Altoona Trihnna +o TT ~ H.