Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1880-05-01

About License.
CuARLEsrowN, April 2Sth.

CHARLEsrowN, April 2Slh.
Mr.. EDIToR
Now and thea we hear it asserted that tais
being election year and so many Ciuncilnen
and Justices are looking forward to reelection
mot because i, is desirable, but gratifying thus
10 have ones past services approved y, ina.
any applicant for license to sell liquo' wouiu
be sure Of having his character approved ana
the authority granted him. Can u be proOa-
bic Mr. Editor. that Cor the paltry considers-
tion Of a seat in our town council chathoe''
in which nobody Of late years has won hoh"'
or glory. or deserved emOiument, or upon Tue
county court bench there are men who' Know
ing the right dare not pursue It bu', rather
would do the grievous wrong OF authorizing
men who have been indicted for and convict
ed of transgressing the plain statutes regard
ing the sale of intoxicating liquors, 10 open
saloons and dispense the distilled damna'ion
The licensing time is near at hand. Inc town
conncilmen will be asked by Tom, Dick ana
Harry TO certify to the c,nuty court that the
Aforesaid Thomas, Richard aud Henry are
respectively, Of good moral character n &c
ouire,pent Of the law, and specimen OF sar-
casn that is simply iuimitabld and highly
proper persons 10 retail concoctions at four or
six dollars d gallou-or rather at ten or nj
teen cents for enough to stupefy 90 OK or
make 40 ass Of human being. VIII the
court do it, upon the recommendation OF the
councilmen. when the court knows itself-un-
less too stupid to lie upon the bench-that
some Of these very men disregard the plalnest
obligations Of the law? Whilst ON this sub
ject. Mr.. Editor, please publish the subJoined
ouinion Of Judge Fnnell Of Warren on the IL
ceusiuc business Very Respectfully.
4 CITIZEN.
an the county Court Of Warren. at the
Anril term. GU The application Of Jacob Mes
mer for liceuse us retail liquor dealer aud
bar-room dealer at Browntowu, IN this county,
J b. Gore, Daniel UpdlGe, George Updlke,
b f. Updke aud John W. NARROW were ex-
au.iued as witnesses. The witnesses all con-
Cured that the said Jacob Mcsmer was al
orderly aud sober man aud ut person 10 Oe
Granted such license aud that the place was q
suitable place aud convenient, II any place
was suitable place and convenient FOR such
purpose. and there was 10 evidence oil red
against said application, but the Court refuses
10 nrant the license for the reason, that eltho
in certain cases liquors are deemed useful aud
eyer, necessary. and If the place where il Is
pr,nosed 10 sell is suitable aud fit person
applies or the license, The law says the Court
must grant 1t, yet thege Is distinction to lie
made between a bar-rOom l!ceuse Gud other
Licenses 10 BEL. liquors. a bar-ToOm license is
not ouly to sell Out to drink, II requires the
iouor 10 be drunk at the place OF sale, and
when license is asked simply TO sell 10y re-
tail the drinking u the liquor at the store Is
forbidden IN the latter case the liquor is only
syll. aud the selling IS licensed. but IN the
bar.room there IS a license q drink. There
fore. where bar-room license Is asked for, 1t
IS incun.LeLi UPON the applicant to show
that the place selected Is u suitable one for
drinking. Ia the Que case drinking is the
sine qut non, in the other i, Is forbidden. You
nay sell liquor anywhere aud there Is n harm
done until tie driukiug cVuuences.
This Court Is asked IN Ills application TO set
apart. 20 designate aud to cousccrate, as 1t
were, by legal sanction the stOre-room and
premise Of Mr.. Mesmof in BFowntuwn, as a
suitable place % dilsi Intoxicating liquors, TO
treat. 10 invite friends 10 drink. aud 10 eutice
young nleu to participate. aud place f'r men
Of position, good standing aud irilnence III
society L. come aud set the example u dram
drinking. making it fashionable aud respect
able 10 drink aud sometimes even to get drunk.
From lrunkcuuess comes disorder. breaches OF
the peace AID violations Of tue law, aud 1t
appears % the Cour; that The licensing OF these
drinking l{lces is against pubic policy and
that no place can be deemed sTiaJ'e. but ra-
Their that the more public " convenient the
place the more unsuitable. 1t is OF the pro-
vince or purpose Of this Court topruhibit the
sac or u,r II h0uor, mcu will sell and buy
aud Use il, bu, let them take the bottle home
or 10 their shops, to the fields or 70 the woods.
They can 10 that ritloW license Neither
on the other hand, eau wo undertake TO say
that this. that or the other place is suitable
I for dram drinking or drunkenness. We might
as well say that a place was suitable Tor any
other thing, morally wrong, as for instance
I gambling den or a house of prostitution.
/ Given under my hand aud zeal this l9th
day Of April, 1880
Il A. FINNELL, -
Judge Of County Court sEAL
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