Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1881-06-09

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question Of granting licenses 10 hotels 10
sell liquor, which we copy from the CIin-
'oh Den"crdts a. matter OF information
70 those who feel an interest in In. s,li.c,
Inc discretion Of courts, under tno U,ensa
laws, u not generally understood and Il "a
clearly presented IN Judge Mayer,s opin.
ION, which reads as follows
IL. V. Shafier presented his pe,i,io, ,o
the Court Of Quarter Sessions. In con,Ii,
nnce with the requirements of the Ac, ~
Assembly regulating the granting of II.
censes, and asks the Court 10 grant him a
license to Keep hotel in the Borough Of
Mill Hall. B" VI
Objections were made 10 the granting of
the license, and femonstrance signed by
number oI respectable citizens residing
IN Mill Hall and vicinity was presented
IN wbich they protest against license be.
ing granted 10 the petitioner, for the fol-
lowing principal reasons, viz "They be-
| lievc the sale Of intoxicating liquors u be
wrong in principle and vicious in prac-
tice.' THAT there IL no neccssity for the
house" "And they have seen the evil
effects resulting heretofore from the sale Of
intoxicating liquors"
Evidence was taken By depositions on
the partoi the objectors and the petitioner.
which was read and submitted 10 the
Court We give full confederation and
weight to the case, n 1t WAS presented, in
the remembrance and depositions, and
have concluded 20 put on record our rca-
sons for the conclusion % which the Court
has come.
To ehtitle on applicant 10 "A license, three
facts rust be set forth In his petition and
certified 10 by At least twelve reputable cit
izens Of the borough or township in which
such hotel IL proposed 10 be kept
ls,. That the place proposed 70 be
| licensed II necessary 70 accommodate the
| public and entertain strangers or travellers.
"a. That the applicant j. Of good rcpute
for honesty and temperance.
| ID. That he is well provided with the
necessary bedrooms and beds for the c1-
| elusive use Of travellers
Thee perez Iisites Of the act Of assem-.
| bly, having been complied with, the appli-
cant has made out priDia facie case.
Then the duty Of the Court Attaches
which IL 20 determine from evidence or
| personal knowledge, after an examination
into the merits Of each particular Applica-
iion, who shall have license and who shall
| not.
Erroneous opinions prevail in regard 10
| the power and duty Of the Court In the
matter OF granting or refusing lcenses
some maintain that ii "a obligatory on the
! Cour, to grant every license where the an
! plicAnt has conformcd 10 the provisions OF
the law, A. 20 the terms Of bic application
/ Othcrs contend that A. "thc sAle Of intori.
eating liquors is wrong in principle and
/ vicious In practice, the C0ur; T. not bound
| ~ grant sny licenses
Neither Of these opinions is maintain
able under the law.
To follow the former and grant indis.
| criminaiely all licenses, would be 10 dis.
| regard that provision Of the act Of assem-
! bly, which imposcs upon ;he Court the duty
| "f exercising their discretion upon the
circumsisnces Of each application as il il
| presented, and grant or refuse the license,
"wh"never IN the opinion of the Court
| such hotel Is or u not necessary for the &C
comodaton of the public, and entertain
Tncni of strangers and trAvelersm
To adopt the latter and refuse al licenses
would be an unwArrantcd assumption Of
| power, and q plain violation Of duty. IL
is not for Court % pass upon the uropricty
| or improperly Of granting licenses.
The is matter which has been deter.
! mined by the Legislature, aud ~ long As
the law authorizing the granting Of
| licenses remains unrepeAlcd Courts are
bound 10 administer IL, but they should be
| careful that they exercise the discretion
conferred upon them by the act Of Assem-.
bly, fairly and impartially in granting or
| refusing them.
In the case Of Schlaudecker vs.. Mar.
shall, y, Pa, ST. Reports, page BOG. the
Supreme Cour; has laid down the rule to
be observed IN the granting Of licenses,
which 1t is our duty 70 follow.
c; j. Agnew, in delivering the opinion
| OF the Court says
Whether any or all licenses should be
! granted 10 Legislative, not q judicial
| question. Court sits 10 administer the
| law fairly, a. il il given 10 them, and not
10 make or repeal it. The Law Of the land
has determined that licenses shall exist.
and has imposed upon the Court the duty
Of asceriaining the proper instances in
which the license shall be granted, and
therefore has given IL TO the Court 10 de-
| eide upon each case As IL arises in due
course Of Law. The act Of deciding Is
judicial and not arbitrary or wilful. The
discretion vested in the Court is, therefore.
sound judicial discretion, and 20 be A
righuul judgment ii must be exercised in
the particular case, and upon the facts and
circumstances before the Court, after they
have been heard and duly considered in
other words, 10 be examined upon the
| merits Of each case, according to the rule
given by the act of Assembly. To say
that will grant no license TO anyone, or
that | will grant ii 10 everyone i not 10
decide judiciaily on the merits of the case.
but 10 determine beforehand without a
hearing or else TO disregard what has been
heard. IL IL the duty Of the Court, there
fore, TO hear and determine each case on
its evidence and iscts 10 ascertain the ft-
ness of the applicant, the necessity Of his
house for the public accommodation as a
hotel land this involves the number Of
each in the particular locality,) and to see
that the applicant has fully complied with
the law, before his license can be granted
This is large discretion, and is 20 be eK.
ercised primarily for the public good, and
secondArily for the private interest, and
this being the power and authority Of the |
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