The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1858-05-06
The Glorious Uncertainty of the Law.

1u6 OkVklOuo OAOOAees ~ ~~~~
An incident has occurred in our Court
which has been the occasion of much live
~ discussion and remark, as well as no
small merriment at the expense OF the
Legislature. i
It will be recolccted that the house OF
REPRESENTATIVES, at the last session, pre-
pared aud passed till for free trade IN
selling Iiguor-to take from the Courts
ailjdiscretion 10 the granting of licenses,
and to mako it obligatory on the"
to grant to every applicant whose
papers we're 10 due foru, without inquiry
into the necessity of the house for the ac'
com M odation of the public. The Senate
demurcd to this feature of the bill, and a
mended, 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 became law.
On Friday last numbes Of new app'''
cants came up and were confidently press
ed upon the ground that their necessity
for the accomm cd alton Of the public was
not to be considered-that having com
piled with the forms of the law, they
we're entitled to their licenses as matter
of course, and that the Court could not
refuse them. Gov. Reeder, 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 ascrlbed
to it, and that in fact, the Court was
bound to inquire, as under the old law
whether the tavern proposed was necessa
ry for the accomm odation of the public
and if, in their opinion, it was not so nee
essary, they must reject the application.
The matter was argued on Friday even.
ing, 1--WE learn from the disiuterested
members Of the bar, and Saturday morn
ing, and that Gov. Reeder SO clearly and
conclusively established his position that
there can remain no doubt upon the sub
ject. Nearly, if not quite all, the mem.
bers Of the bar, as We learn, concur in tht
opinion that the argument cannot be an.
swercd, and all the citizens We have
heard speak on the subject are of tn,
same opinion. 1t is confidently expected
that the Court will adopt and act upon it
We shall give their decision tomorrow.
Singulurly enough, the counsel for 'h
applicants was Mr.Gcopp, who was chair
man of Judiciary Committee in the House
and has the reputation ofhaviDg prepared
the bill. He Is certainly an able lawyc
and clear headed, logical man, and yet
We are told. be was unable TO meet the po
si,ion taken by gov. Rceder, and arguet
the question in such a manner as to con
vey the impression that be was convinced
against his will. We arc not learned il
the law, but We understand that the posi-
ton is based on the legal operation Of ;
proviso in the sixth section of the nev
law, aud also upon the argument that b.
the repeal of r,pealing law the thirC
section of the act of 1884 was uuexpect
edly revised. 1t is generally considered
here o capital joke upon the Legi,latre.
p. S.-Since putting the above in typ
the Court have given their opinion upo1
the application, referred to- and declin
giving any licenses to the parties apply
ing. except in the case Of Charl,s Dawes
{ which has been held over, under advise
meut, uhtil June 4th.- Daiiy Times.