Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-04-20

ing OF the law 1 take TO be this, viz
That il the Judge thinks the sale o
liquor to be productive of evil or /
people inform him by remonstranc,
that it is productive of evil, he may
refuse all licenses, and yet be doing
his duty under the law, although thu
applicant has complied with the Law
with respect to bond, houseroom, char
acter and in all other particulars. Al
a legal proposition this is absurd.
never heard Of a Judge in Pennsylva
mia who entertained any such notion
and there is no competent and candid
attorney who would advise you that
such was tho law. have said fre.
quently heretofore, during the last five
years, from the bench, that if it de,
pended on the will Of the Judge there
would be none in Indiana county. II
it is to be affected or controlled by
remonstrances of the description allud.
cd TO, the probabilities are that they
can be obtained here in abundance.
In either event therefore, there would
be no license, and what is true as to
Indiana county have no doubt would
also be as true to almost all tho coun.
ties in the State. How comes it that
not the slightest effort has ever been
made by any person or persons in all
these years to have the foregoing
propositions declared to be law by the
Supreme Court Nothing would be
easier than TO make up q case for de.
cision, and the cost would be trihing.
know probably a thousand good
temperance men in this county who
have never made such effort, but no
one expects them to make it for the
obvious reason that none of them be,
lleve the proposition or profess to be-
lleve it, | am not speaking OF that
class OF men. Their conduct is rational,
and plain people can understand it.
But what of those who do profess to
believe it? How does il come that
they have refrained, and still do re-
frain, from having the Supreme. Court
to declare the law. Such a decision
would accomplish the same results for
which earnest men have been strug-
Cling at Harrisburg for six years at
each meeting Of the Legislature. Why |
is the effort not made2 Here is an
opportunity-and it is constantly open
to do more for the cause, in month,
than can be done by hundred years
of blatherskite and misrepresentation.
The Court will rejoice and so will the
community at large, if the effort is
successful. You have doubtless met a
few Of these men who profess to bo
confdant of the law on this subject
and you may have heard their extrav-
agant defamation on the evils Of liq.
uor selling, and the blessed condition
of things when license shall be no
more. Taxes, jails, court houses, &C.,
are to disappear, and humanity IS to
be restored to pretty much the same
that it'existed before the fall. 1t is q
delightful picture though sensible peo.
pie who keep their heads cool and are
not gifted with equal foresight and sa.
gacity, will be entirely contented with
results less surprising but more cer-
tain and reasonable. We can all ad.
mire enthusiasm in good cause when {
1t is manly and honest, and we can {
overlook some exaggerations and even j
absurdities of speech. But when the {
person who utters them has a plan by /
which the evil can be removed in {
month, or less, and at a trihing cost,
and keeps on declaring his confidence /
in 1t from year to year, and yet never /
offers to put his plan into execution, {
can he complain if an intelligent pub {
lie are unable to comprehend him
There are times and occasions when {
1t is quite easy TO create false impres.
sion, and to mislead many good people |
on question Of law, if you can find !
an individual mean enough for certain
private purposes, to enlist in the dis. I
reputable work. Do not understand I
me as advising you to carry the Ques. {
tion to the Supreme Court. | have /
too much respect for you as well as {
for myself to give you such advice. S
When at the bar | never encouraged l
a man to litigation when | thought he
had no case, and when | return to il c
| shall act in the same way. Much q
less would desire to impose on you i
when on the bench. | do not blame I
you for supporting the law to be as S
indicated in your remonstrance, be.
cause ! know you were told so by f
others, who ought to be ashamed oft. a
But if anybody ever tells you 30 again v
please ask him to attest his faith by t
taking the case to the Supreme Court, I
and then mark and sorutinize the ex. D
ouses he gives you for not doing it. G
You will thus get your eyes opened by v
a sure and unmistakable test. The law Ii
rs to the power of the Court has been Il
settled by judicial decision in language Il
20 plain that no intelligent man wheth- O
,r lawyer or layman, can misunder- "
stand 1t. There may have been room "
or some ingenious argument about it 81
'ight or ten years ago-but there is Ii
lono now, for IL has since been deter. n
mined by the highest tribunal in the m
State, and without dissenting voice. s,
The decision was pronounced by Hon. 81
Jhief Justice Agnew, an ardent advo. ST
ate of temperance from his youth, W
'nt an excellent lawyer and judge. | Il
ave never heard or read that the sc
meaning Of that decision was ever ques. tc
ioned by any one in the entireCommon. <,
wealth, except few in Indiana county. m
illthe Common Pleas Judges through. kt
ut the State have acted in obedience ca
o it-and all with very few excep. ar
IONS had granted license even before pC
he decision, understanding the law to in
c as therein declared. 1t is said there i'll
no license at present in Washington he
ounty. | do not know how that Is, 80
ut If it be TACT, and If any applica. pr
ons were made, it is certainly credita. lie
le to the people of that county that be
hey must have presented such reasons B
} the Court as would enable il to re. oy
lse the license LEGALLY. AS said by ca
10 Supreme Court, in a still moro re- pr
ant case than the one alluded to, "We lie
re certainly not to presume that the th
,iusal of the license was arbitrary, Of
nd without some good reason" This Lt
st case is in entire accordance with qu
10 previous elaborate decision Of the tr,
npreme Court. Every candid lawyer th
nows it, and could not mistake II un. on
IS through dullness quite uncommon th
the profession. IL has never been VIZ
lggosted anywhere, except here, that wi
changed or modified the former dc. mt
sion in the slightest degree. Is it otl
Kelly that oil the Common Pleas Is
idges ofthe State are mistaken about po