Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-06-21
For the SENTINEL.
For the SENTINEL.
A. B. DIS Construction of the Law
of the Novel Case"

1.-THE Novel Case' of the petition Of GER
tain citizens of Crackliu District noticed by
you in last weeks SENTINEL is so novel in its
results as to justify word or two of remark
from common sense view of the case.
The language of the law is that the Judge
must be Satisfied" before granting the order :;
that this satisfaction must be clear, conclusive
and convincing is made manifest by the kind
of testimony which tie law says the Judge
must require before granting the order, viz,
it must be respectable testimony of the Uillqge
or neighborhood where the license is asked for
in writing, so that it can be preserved and
made u record, and therefore legally incapable
of giving testimony or representation required
by the statute that all persons interested may
see and know upon what kind of testimony
the Judge has acted and the party obtained
his license. 1t must be intelligent testimony
or it would not have been required to
be in writing. 1t must be respectable testi-
mony-that is, reputable-wel-known from
persons of standing and esteemed worthy TO
represent the character, standing and worth of
The village or neighborhood. This is the sort of
testimony which the Judge, under the law, is
to act, and the law attaches SO much impor-
lance 10 this that it refuses to entrust this dis
cretion TO the Clerk, and confers it upon the
Judge, the higher authority. Therefore when
i! was found that the only testimony offered on
this point and that upon which the Judge had
acted was contained in the short petition, viz,
1--WE the undersigned recommend Thomas
Brown as fit person to sell spirituous liquors
in his store, v and two Of the three persons out
OF population of fifty or sixty inhabitants OF
the village, who signed this petition, had been
by the same court sent TO the penitentary for
crimes against the law of the land-crimes
which forever bar them from the right to vote
at elections. Can such testimony be regarded
as respectable within the meaning and con-
temptation Of this law Are they the Gil per-
| sous above ali others to convince the mind aud
conscience OF the Court that license to set up
grog shop directly under the windows of
Methodist church aud near TO aud in full view
from the vestibue of Catholic church, where
priest, minister and people are accustomed TO
assemble TO confess their sins and worship the
Almighty God, is proper place and necessary
for the well-beng of the village or neighbour
hood To state the case or ask the question is
to show that in letter and spirit this popular
and time-honored law has been annuled and
set aside by the very authority selected as most
likely and certain to give to it construction
least injurious to the neighborhood and most
advantageous to the public Aud this, too in
the face of and against remonstrance as re.
spectacle as in the county or State, which in
addition pointed out the fact that there was
no travel at the place to call for the sale OF
spirituous liquors, and that two schools, a
white and a colored school, were located i'm
mediaiely in the neighborhood and would be
exposed TO all the danger and evil consequences
constantly arising from drunkenness and the
sale of intoxicating drinks. Can il be sur
prising that a people thus treated are disap-
pointed and dissatisfied, and they ask leave
respectfully TO express this disappointment, and
appeal from the judgement Of the Judge 10 the
bar Of public opinion as has the Honorable
Judge himself in announcing his opinion from
the bench, that he assumed all responsibility
that might arise therelrom, &c.
Other meanings, and some thatere frequent
ly used in Court, might be adverted TO 10
considering the use Of The word satisfied. -
" certainly In this law never WAS intended tc
be used arbitrarily and without reference to
The context in which il is employed Its oh.
Flously mere used In moral sense TO accom-.
pllsh a moral object and to aid in effecting q
moral reform. Its understanding was expect.
ed TO be full persuasion upon evidence thai
amounted TO eonviclion--a conviction that
would leave no room for doubt or cavil as "a
the propriety and Necessity for opening dram
shop at Nj. Zion or elsewhere. Nothing les,
Than THIS vii satisfy the plain common sens,
meaning and intent Of the law, and | am con.
WINGED that such was the construction and
meaning put upon II by Judges Bowie and
bouic lew years ago in refusing the applica
lion OF Howard kinsey for an order 10 sci
spirituoas liquors in the same district anc
nsighborhood. Add.