Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-04-16
License Court.


might be useful to others interested in
temperance work throughout the coun-
ty. The learned Judge gave US some
interpretations of the law and some
excellent temperance addresses While
we could have wished different in
terpretation sometimes, had it been
consistent with his oath Of Office, we
freely accord to him the credit of an
honest, consistent application of the
law as he interprets it to the several
cases before the court
SOME THINGS LEARNED.
1st, The value of remonstraDces-
Tie law provides for them and the
Court will patiehtly hear them. 1t
may characterize them as undue pres
ure occasionally, but they are desired
nevertheless. And whether desired
or not they are as Legitimate as the
applications for the law express
ly provides for objections by
"eyidence, petition, remonstrance
or counsel" But the Court
holds that the remonstrances to
be of value must cover some requir-
ment of the law. A general remon-
STRANGE on moral grounds does not
meet the case. Remonstrance must
be of the nature of evidence or it will
be of no avail We will speak of some
points of the law upon which attack may
be made by and by. Next year let re-
monstrances come from all points and
be largely signed. Let them be in
various forms, that if an individual
cannot sign one he may be able to
sign another. For example some will
sign against the necessity of restaur-
ants who will not sign against hotels.
I'd. Tie law-Ignorant laymen
may have opinions of their own, but
we are authoritatively informed that
mo lawyer whose opinion is worth
having" will interpret otherwise as
given below.
As to hotels and restaurants, the ap-
plication being regularly before the
Court, and no remonstrances appearing,
nor objections from any source, the
Court is compelled to grant under the
law. 1t matters not how many ap-
plicalions are from single point,
prima facie case is made out in each
case and the Court has no discretion
The private knowledge of the judges
cannot enter in except an applicant
happens to be found drunk upon the
streets of Butler. But objections may
be made upon several grounds. 1t
may be shown that he has not two
beds used exclusively for the accommo-
dation Of strangers and travellers The
fitness of the applicant may be attack
ed and it may be shown that his moral
character is not good enough to be en-
trusted with so important a matter
In the same way the character of the
bondsmen and signers of the application
may be assailed, and if the number of
reputable men who are signers can be
reduced below the required number of
II, that will be fatal to the application
Next year it is hoped that Legal
Intelligencer will bear to every part of
the county the names of those who
sign the applications, that intelligent
action may be taken.
Then the licenses may be further re-
sisted on the ground that they are not
necessary for the accommodation of
the travelling public. If the public
can be otherwise accommodated by |
temperance hotels, boarding houses
and eating houses, and if this can be
made to appear to the Court, no license
will be granted. In one or two in
stances we were aboutbeginning to hope
that stronger position was to be
taken, viz: that if the applicant had |
sufficient business to Justify him in |
keeping his house open without a
license, it would not be granted. But |
that view did not come to the surface
often enough to justify US in promul-
eating it as law.
AS to wholesale liquor stores they
rest on the same basis as any other
business, for example a grocery store,
except that it requires a man of certi-
fed moral character to keep liquor
store, while any disreputable character
may keep a grocery store. In other
words the only opposition that can be
made is on the ground of unftness, and
their necessity cannot be questioned
Sd. The necessity for more law.
Verify, if this be the law, and we are
told no legal mind worth considering
will gainsay it, there is crying need
for more law.
We heartily second the suggestion of
the Judge to turn the pressure on the
Legislature. Until prohibition comes,
let it then be enacted that ''to sell drinks |
to any but strangers and travellers is
an indictable otfense." BY all means
let us send Legislators who will cham
pion the Judges proposed new law.
Moreover, if the matter of necessity |
cannot be considered in regard to
wholesale liquor stores, let remedy
be sought here also, otherwise they |
will be applied for rather than restaur-
ants because more easily obtained, and |
unless the experience of Butler is ex-
ceptional they will be a worse calamity
to all our small towns throughout the
county.
When may q man be said to be IN
temperate? Does the number of drinks |
taken have anything to do with it If |
so, how many might be considered a |
moderate number Or is it determin- |
ed by ones ability to stand it y?
1t seemed to be confessed that if a
man was Common drunkard" he was
an Incorporate man, others seemed to
think that if a man got drunk occasion
ally he might be included under the
same head; some thought a man was d
temperate man if he could "drink and !
go about his business" He might be |
bloated and red and be the cause of
anxiety to his friends, or he might be-
long to crowd that tipple and guzzle
ad iibituna, or his tongue might run at
rather lively a rate, but as long as he
could attend to business he was a sober |