The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1873-02-13
THE License Question.

on this subject which we have received
viz:
..MEssRs. EpIroRs-Does not the
Local Option law take the place OF all
former legislation on the sale OF liquor,
doing away with everything else on the
subject and if the county votes mo
License" will it not leave every one Tree
to sell liquor without license, as there are
no penalties in the act p
This question has frequently been
raised. The answer lies within q very
narrow compass.
The principal provisions Of law relat
ing to the sale of liquor are embodied in
the act Of March 3lst, 1856. The first
section declares that
From and after the passage Of this
Act it shall he unlawful to keep and
maintain any house, room or place where
%vinous, spirituous, malt or brewed liquors,
or any admixtures thereof, are sold or
drank, except as hereinafter provided"
The Act then provided for the grant
ing Of licenses under certain specified
restrictions. Penalties for unlicensed
sales OF liquor were also fixed but these
were superseded by the Act Of March
22d, 1867, section 4th-viz:
"If any person, after the passage OF
this Act, shall sell spirituous or vinous
liquors, domestic wines, malt or brewed
liquors. without having obtained 4 license
authorizing him so to do, such person
shall, on conviction 10 the court OF quar-
ter sessions, be fined, for the first offence.
in any sum not less than fifty nor more
than two hundred dollars, and FOR the
second or any subsequent offence, such
person shall be fined not less than one
hundred dollars, aud 10 the discretion OF
said court be imprisoned in the county
Jail not less than thirty nor more than
ninety days ProcideR, That nothing in
this Act shall be construed to repeal the
provisions of the Act of Assembly, passed
March 3lst, 1886, relating to sales by
druggists and apothecaries."
This was followed by the Act of April
nth, 1867, which made it unlawful to
sell, give or dispose of liquor to the fol
lowing classes:
% Apprentices and minors, without
written consent of master, parent or guar
dian GU Habitual druukards, or any
person while under the influence oil
liquor 90 By persons licensed, to any
person whatever, against the request o!
wife, husband, parent or child.
This Act also imposed the following
penalties:
Any conviction for the violation Of any
provision of this act, by a person licensed
under it, or at any place licensed, shall
work a forfeiture, and anuul such license,
and no license fee shall be returned
[Sec. 81
Any person who shall sell any strong,
} or spiritiuous liquors, wines, beer, or ale
to any of the indigiduals, to whom it Is
declared by this act to be unlawful tc
make such sale, shall be liable for all dam
ages which may be sustained, In conse
5 quence Of such sale and the parties, SC
offending, may be sued 10 any court Of
competent jurisdiction. IN the state, By
any individual, or the next friend Of such
7 individual, as has sustained damage ; the
net sum recovered shall insure TO the
party injured-CSec. 8
:, Every person who may, and shall
violate any of the provisions of this act
shall, for each offence. be guilty Of a mis-
demeanor, and on conviction thereof, shall
be punished with a fne of not more thar
twenty dollars, aud in default of payment
with Imprisonment Of not more than five
days-CSec. 101
The Local Option law does away with
nothing in the preceding Acts but the
power of the Courts to license the sale OF
liquor in counties that vote against it.
: The situation, therefore, is briefly this
The law already makes the sale of liquor
without license unlawful, and subject tt
certain penalties. BY the Local Option
Act, of March 9th, 1872, if the people
vote against license the Courts can gran.
no licenses. The law will then forbid
both the sale of liquor without license
and the granting of licenses. Beyond the
provision In favor of druggists, it will
make all sales Of liquor unlawful, with
!, the present penalties in fall force against
the transgressor. 1t will amount to tota
prohibition.
But it must be remembered that even
under the Local Option Act the law viii
not prove self enforcing Its violation
must be proved and punished precisely a:
at present; and a popular vote against Ii
cense will merely open a wider field for
the enforcement of existing prohibition,
and penalties. Unless these shall be more
effectively enforced than heretofore, a to
tai denial of license will lead to no bette
results than Il partial denial has accom-
plished in the past.