Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-04-20
THE LICENSE QUESTION.
AN ELABORATE REVIEW OF THE
CASE BY JUDGE BLAIR, OF
INDIANA.


At the last sitting of the Court at
Indiana, in this State, the following
paper was presented:
"Tbc undersigned, citizens of East Mahoning
township and vicinity, would respectfully present
that we firmly believe that the results Of the sale
| OF intoxicating liquors as a beverage are EVIL.
and only evil continuously, and we cannQt be.
eye that the sale Of said liquors is necessary for
the accommodation ofthe public or entertainment
Of stranger and travellers In any place 10 this
county. We would therefore earnestly entreat
your Honor not to license such traffic in any
place within your jurisdiction, and we will ever
pray"
The Court said We had supposed
that so far as the law relating to license,
and the power Of the Court in that
matter, were concerned there was no
longer room for any misunderstanding.
But a number OF gentlemen of excel
lent general character, and earnest
friends of temperance, have lately in
formed me that erroneous impressions
exist in the minds of some good people,
by reason of frequent and persistent
misrepresentation on the subject.
Your remonstrance lends confirmation
to this statement, for cannot conceive
why you would send such a remon.
STRANGE to the Court, unless You be-
lieve we had the power to refuse Ii.
cense for the reasons therein stated.
You must have believed il, for you are
men OF too much sense and virtue to
ask the Court to openly disregard the
law, or to evade Its obvious meaning
by frivolous excuses and devices. If
| speak with some feeling, and Just
severity while referring to the legal
aspects of the license question beg
you to understand that the remark is
not intended for any ofyou personally,
but for the few, who from motives
well-known to themselves, have been
endeavoring to mislead you and others
upon matters of law as clear and well
settled as the law that secures the title
to your farms | believe you 10 be
possessed not only of the grace of tenn
perance, but Of those other qualities
essential TO good character 1 have
known many Of you from my boyhood
personally and by reputation, and
believe you TO be friendly towards my
self. None of you would tell a delib-
crate lie, or make reckless statement
without knowing or caring whether it
was true or false. You have no selfish
ends to attain but honestly desire to
do something for the cause of temper.
ance, for its own sake, and to stay the
evils flowing from the sale of LIQUOR,
whether licensed or unlicensed. / am
always pleased TO notice, kindly and
frankly, communication from such n
source, especially when it relates to a
legal proposition affecting the public
interests. None of you are candidates
for office, or getting ready to be can.
didates, and you are therefore not seiz.
ing the temperance lever for the pur-
pose of elevating yourselves or knock.
ing others down. None Of you, at the
instance of few designing parties,
have inserted an occasional anonymous
communication in the newspapers dur.
ing the last five years, innocently sug.
costing that the Court in adjoining
counties, and elsewhere throughout
the State, had refused license, and de-
string TO know why Indiana county
should be an exception. We of course
paid no attention to newspaper sug.
sestions, trusting TO time and obser.
Iations to expose the silly falsehoods
herein proclaimed, but find that their
requent repetitions has imposed on {
ome honest minds, Your remon.
trance is under your own proper sig. {
latures, and is manly and direct, aud
addressed to the Court. | have read I
carefully and do not dissent from I
ny statement therein contained but |
10 judge in Pennsylvania could now {
eiuse license for the reasons men. Z
ioned in the remonstrance, without O
he plainest violation Of judicial duty. I
le cannot set aside law merely be. 0
ause il does not coincide with his /
Jews. II he could, instead Of being /
be servants Of the law, there would S
Q no law for him except his own k
leasure. What would be the use in Il
aving Legislature Il the Judge can i
Of aside the irenaotments whenever he 8
oes not like thom2 The evils aris. 4
ig from the sale Of liquor are consid. @
rations which | think may fairly Il
'eigh with Court and incline il TO J
Tithhold license whenever a legal d
,ason can be found at all sufficient y
IT the purpose. This is the principle il
n which this Court has uniformly I
ctcd, and consequently the number f
licenses here is less than in the p
reat majority Of counties Of equal v
opulation. | am not sure that there a
much practical advantage in this, Ii
the cause Of temperance because II Il
ives a monopoly Of the business TO a Il
w and therefore presents stronger II
Iducement TO embark in II. Bat as p
did not make the law or ask IL TO be Il
ada 4 afu.plxr o,1...cr a. I.o.s 49,, I,