Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-05-12
For the Spirit of Jefferson.l
COMMUNICATED.

will be an important and responsible one
The fscal affairs of the county will be before
them for adjudication, which will require far
seeing sagactty. and the maturest delibeEatioD.
a collateral question growing out of the:iscal
will be, granting license to sell intoxicating.
liquors. The prime reason for granting such
license is the revenue it brings. There is no
necessity for the existence of such Liberty
other than the one named. The article sought
to he vended is. not conservative of health,
life or well-being. A beverage that gratifies
an artificial taste without pourishment or
comfort inWardly or outwardly. The traffic
panders solely to the desire of greed or gain
to the party pursuing it. It can't bes put in
the category with other Legitimate pursuits
such as the, mercantile, mechanical or pro-
fessional. : 1t is business with, which any
community can dispense entirely and. not miss
it, other than in its improved morals and, char
acter. / is question of supreme moment
for the Court to determine, whether the traffic
shall be licensed I, The issue involves body
and soul life, for out of it cometh death to
both What q fearful weight of RESPONSE
bility devolves upon the magisterial bench in
this particular decision As some of them
are christian men and all good philanthropic
citizens, we may readily imagine how heavily
this conscious responsibility will press upon
them. And is it not fitting time for the
good and holy to pray, that they may be di-
rected from above and nerved to do that
which is right? -, 80.
The question comes up, is the Court, touch
ing this matter, acting under peremptory
orders or is it discretionary with them to grant
any license or liccnses? Manifestly the lat
ter. The power given to grant implies the
power to refuse. The greater carries the less;
and the law recognizes this in a certain
specified contingency. The law hangs the
license upon character. The party applying
must prove his moral status to the satisfaction
Of the Court. They are the sole judges OF
his fitness as they may define the standard of
morality aud truthfulness. The mere out
side show of character is not enough. The
Court can 20 back OF this and get at the moral
principle and stamina of the man. This they
should try tn do. For if a man is destitute
Of moral principle, and would avail himself
of the many Subteriuges at hand TO evade the
law. and would sell to a minor, or on the
Sabbath, or TO one who gets drunk, (and it is
patent pretty much the whole batch do it)
such man. in the eye of the law, can't get
its permit, and the coTservators of the peace
should withhold it.
Then. too. it is reasonable to conclude, that
the Law Makers in their original intent, de-
signed that the executors of their will should
have respect to public opinion. We don't
believe that they, elected to office on the pop
ular basis intended their servants to ignore
the same great principle. Hence it is right
and in aceordauce with the spirit of the law
which is based upon the popular will. that the
County Court should respect the moral senti
ment or wish of the people and not force upon
them obnoxious characters engaged in an OBJ
noxinns business hut abate the evil as far as
possible as their constituency may respectively
ask. The limo of argument hero adduced
holds especially good under our form of gov>
ernrnent where majorities rule and we draw
the conclusion, that the higher Court acting
upon this principle transmits it to the lower,
and thnt they invested with power to
grant or refuse in this matter of license to
sell i;qnor, the popular will indicating ii.
Tn" honorable and trustworthy gentlemen
composing the Cont (fnr there arc none more
so in the county, should remember, that the
pstry sum Of dollars and cents brought to the
treasury nnder the spccions name Of revenue
is nrcrhnIanced by the pnupcrism and expense
OF criminal prosecutions superinduccd by the
traffic hut, when the effects of the business
a59 weighed, the corruption Of good morals
the d"SnIatnn Of homes, the tears and signs
of widows AM: nrnhans. the wreck of char
acter the peril of the young the hope of the
country, attended as il is by murder, rapino
and vice nf every form with reason may
our magistrates hesitate and ponder before the
die is cast. for they arc fathers, husbands. the
centres Of hapny homes, the guardians of the
public character. -. ANTI>LICENsE.
Chsrlestnwn May 6, 1874.