American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-03-06
For the CITIZEN

For the CITIZEN
Mr.. EDITOR :-Will you be kind
enough to publish the following as the
law governing the license question:
The Act of Assembly, dated April 20,
1858, was as follows; SEC. Q. "Licenses
to vend the liquors aforesaid, or any of
them, shall be granted to citizens of the
United States, of temperate habits, aud
good moral character, whenever the re.
quiremsnts of the laws on the sub ect are
complied with by any such applicants,
and shall authorize the applicant to sell
the liquors aforesaid for one entire gear
from the date of his license Propideq,
that nothing herein contained shall pro>
hibit the court from hearing other svi-
denee than that presented by the applicant
for license Propiie9 further, that after
hearing evidence as afoaesaid, the court
hall grant or refuse license to such ap-
plicant in accordance with the evidence" ("
A wide discretion Is therein given to
the Court, in the exercise OF which they
can consult their own inclination. opin-
ion or prejudice, n granting or refusing
to grant license.
This law was amended by the Act of
April l4th, 1859, as follows: 1t shall be
lawful for the several Courts of Quarter
Sessions of this Commonwealth to hear
petitions in addition to that of the appli-
cant, in favor of, or remonstrance against
the application of any person applying to
either of them, Tor a license to keep
hotel, inn or tavern, and thereupon TO re.
fuse the same, when yer in the opinion
Of said Court such inn, hotel or taUerp is
nat necessary for the accommodation OF
the public aud entertainment of strangers
aud travellers and so much Of the 9th
Section of the Act of Assembly relating
to the sale of intoxicating liquors passed
April goth 1858, as is inconsistent heres
with Is hereby repealed, Provided, that
the several Courts of Quarter Sessions,
empowered to grant licenses sh,ll have
and exercise such discretion, and no other
in regard to the necessity Of inns or tav>
erns as is given to the courts by an act
relative to inns and tayerns, approved
llth of March 1884"
So that by this act the wide discretion of
the court given by the act of 1858 was
narrowed down to the question whether
or not hotel is necessary for the accom-
modation of the travelling public The
Act of 1884 referred to, is as as foloows:
"No Court shall license any person to
keep an inn or tavern, unless from the
petition or certificate. or from their own
knowledge, or upon evidence sought for
and obtained they shall be satisfied of
the fitness of the person applying, and of
the suf6ciency of the accommodations
aforesaid"
Which fitness and accommodations are
defined and set forth in the preceding
section as follows THAT such a person
is of good repute for honesty and temper
dnce, and is well provided with house
room and eonveniences for the accommo>
dation of strangers and travellers"
While these are the laws of the land,
| do not see how the Court can possibly
refuse to grant license to a persoa who
complies with the requirements of the
act, and who for honesty and temperance
comes recommended by twelve reputable
citizens, unless they decide that the hotel
for which license is prayed, IS unneces>
sary for the accommodation of the public.
Mark the law does not inquire into the
necessity of licensed hotel, but the ho-
tel itself If it be necessary to accom-,
modate the travelling public, and the ap
plicant has the requisite accommodations
and is of good repute for honesty aud
temperance, the law says that license shall
be granted; and the Court in taking the
responsibility to refuse license and not
only setting at naught the laws of the
land, but they are making the law. When
the Courts themselves set the exa mple of
violating the laws, it is probable that they
will initial ed by the vendors Of iptox-
icating liquors. Who then is to blame
0'LYE