Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1870-03-09
OPINION OF JUDGE MAYER,

OPINION OF JUDGE MAYER.
In the matter of the application of
Philip Keller and others for a license
10 keep hotel or tavern:
By the sixth section of the act of
Assembly of the goth of April, 1858,
regulating thehgranting of licenses
by the Court of Quarter Sessions for
the sale of liquors TO the keepers of
hotels, inns, or taveps, it is provided
that, "1ieenscs to vend the liquors
aforesaid or any of them shall be
granted to the citizens of the United
States Of temperate habits and good
moral character, wheReUer the require
mentS Of the lars on the subject are com
piled ioth by such applicant" 1t is
objected on the part of the opponents
to the ganting of licenses to the petit
TONERS that they have not complied
with the requirements of the law in
relation TO the assessment and valua-
tion of the yearly rental Of tho house
which the petitioners intend to occupy
for the purpose Of hotel. That it is
an essential prerequisite TO be complied
with by every applicant for a hotel
license before the Court can grant
such q license In order to determine
whether this position is maintainable,
it will be necessary to refer TO and
examine the various acts of Assembly
which regulate the granting of licenses
by the Court, for the purpose of ascer-
tanning whether an assessment and
valuation Of the yearly rental of the
house intended TO be occupied as
hotel by the petitioners, is such
requirement of the law as is necessary
10 be observed by the applicant for a
license before he can ask the Court to
grant it, and whether it is the duty
of the Court to refuse such a license,
whore it appears that no such assess.
ment or valuation was made.
On the 1lth day of March, 1884, an
act of Assembly was passed, by the
sixth section OF which it is made the
duty of the Commissioners Of overy
codnty, previously 10 every triennial
assessment, to send to the assessor Of
every ward, township aud district
within the county, their precept, re-
quiring him TO make a just and perfect
return, in such form as the Commis-
sioners shall direct, of the names of all
inn keepers and tavern-keepers within
the respective ward, township and dis
trict, and Of such other persons as may
be desirous Of keepiHg inns or tdrerHs
therein, and also to make just valua-
ton of the yearly rental of every inn
and tavern therein and Of eUery house
IN which any person wpyb6des1o.S as
aforesaid Of keeping an inn or tdrern.
By the seventeenth section of the
same act, the assessors are required
TO take an account of the names and
surnames of all the inn keepers and
tavern-keepers within their respective
wards, townships and districts, and
Of all persons rho may be deSirous Of
keeping inns or tduernS therein, and
ichO shall request to be so returned, and
shall make the valuation directed in
tho sixth section, and return the same
10 the Commissioners,
The eighth section provides, that the
Commissioners shall direct notice 20
be given Of the valuation, and appeals
to be held in the same manner, and at
the same time and place, as appeals
are held in relation TO county rates and
levies, after which they shall examine,
equalize and adjust the valuation re.
turned TO them, and shall deliver the
valuation so adjusted by them, togeth
or with computation of the price of
the license in every case, TO the clerk
of the Court of Quarter Sessions Of
the respective county, TO be filed in
bis office
The ninth section provides as fol-
lows; "EUery person Intending 70 apply
for a license 10 keep an inn or toUern,
shall, at the annual assessment dcsig.
nate 10 the assessors the house and
property Uhich he may intend to occupy
for that purpose, apd desire them to
make raiuGhon Of The yearly rental
thereof, and return his name and dppii-
cation 10 the Commissioners, 10 be by
them returned 10 tie sercrdi CLERKS 81
the Court Of Quarter Sessions Of the
respective county"
On the 3lst Of March, 1856, another
act Of Assembly, regulating the sale
of liquors, was passed, by the 18th
section Of which it Is provided that
"All persons applying for license and
classified under the 18th section OF
this act shall be assessed and returned
as provided in the 9Th, 7th, Slh and
9th sections of an act relating 10 inns,
taverns, aud retailers of vinous and
spiritous liquors, passed the llth day
of March, a. D.. 1884, and those elias.
sifcd under the 18th and 18th sections
OF this act shall be assessed and ro
turned by tho persons and in tho
manner provided by law, in the several
counties Of this State, for the aPpraiso
ment of mercantile taxes"
Those classified under the 18th sec
tion Of this act were all hotels, inns oi
tavcrns, and. by the provisions Of th,
18th section Of the samo act above
referred to, are TO be assessed ant
returned in accordance with the pro
visions Of tho 9th, 7th, Sih and Oh
sections Of the act Of Assembly of tn,
1lth Of March, 1884 Those classified
under the 18th and 18th sections o
this same act of 1850, were vendors o
vinous, malt, or distilled liquors, eiihcl
with or without other goods. wares
or commodities, aud the keepers o
eating houses or restaurants, who ar,
20 be assessed and returned by III,
appraiser Of mercantile taxes Tn,
l8ih section OF the act Of Assembly O
1856 was afterwards supplied by
81 section OF the act Of April 90 1855
which merely changed the classified
ton and rating OF hotels, inns an
taverns from the yearly rental of th