Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-03-05

|
plcations for license be predicated on
| the same footing with a right to file
| objections, in the nature and character
I of remonstrance against the granting
of license, by the Court of Quarter
| Sessions, upon good cause shown ''BY
ANY PERSON"
As we proceed, it may not be amiss
to transcend to few details and par
ticulars. If the petitioner or applicant.
who applies for license complies with
the prerequisites Of the acts of assem-
bly, aud showing to the satisfaction OF
the court his fitness, and sustains q
good moral character and of temperate
habits, and is provided with the neces-
sarv house room, the hotel, inn, tavern
I or eating house is absolutely necessary
for the entertainment of guests, board
ers, strangers and the travelling public;
where facts and evidence of pre-
pondenting character Is adduced. it is
discretionary in the breast, mind and
conscience of the court to grant or refuse
such applicant license under the acts
of assembly.
1t may be pareDthetically alluded to,
that il is well established in republi-
can form of government, like ours,
W here the power is derived from lhe
will of the people, by virtue of an or
ganic law, the constitution, formed by
the soverigns of the land, in their wis
dom ordained three distinctive func-
tions, viz: the Legislative power, vested
in the General Assembly consisting in
Senate and House of Representatives,
with inherent power, from the people,
to pass good, wise and wholesome laws,
regulating and governing the affairs of
society, protecting the weak shielding
the wayward, checking the violator,
Furnishing the wrong doer, sustaining
the rights of personal security; all
these requisites are vested in the SER
wants of the people the functionaries
of the legislative power.
The supreme executive power is
vested in a Governor, who shall take
care that the laws be faithfully ex-
i. ecuted
The third, yet not diminutive power,
is the judicial. Their province is to
call to aid and requisition all wisdom,
discernment and well-sessoned knowl-
edge, acquired by dint of application
and legal industry, in order to construe,
interpret aud to give the Specification
, of the laws, the intention in the breast
of the legislator at the time of making
the laws, whereby the people, the
whole people, are to be governed, Sc
cured aad protected Judges are SIM
ply the mouthpiece of all the acts of
General Assembly. and they are bound
morally and legally by an oath and
good conscience, to preserve all sacred
human rights, and keep laws intact, as
placed upon the statute book. Ana
The judges are strictly, to all intents
and purposes, the servants of the Sen
ate and House Of Representatives, and
behind the General Assembly, over
and above the legislative power, we
find the supreme, irresistible, absolute
and the uDcOntroledable authority, the
jurG summit imperla, the rights, the
transcendent power of sovereignty,
where the will of the whole people re-
side. Hence, it is the people, "the
majority of the people" for ages, in all
republican institutions who govern
and it is the great bed rock upon which
rests the pillars OF this grand and
glorious Common wealth, aud must
control the destinies of all human re-
publics 1t is the majority rule, :"
ike monumentum acre perennius,
Of the electoral franchise, who choose
and elect their powers, legislative, ex-
ecutive and judicial And this great
and sacred American republican theory
will never in the State or the country
suffer the sceptre, majority rule" TO
pass out of their hands.
The servants of the people are chosen
by their free out-spoken ballot, and
for the people statutes are ligislated,
enforced and construed If al Act of
assembly be bad, injudicious and OBJ
noxious, then let the people and their
servants vigorously enforce it, and the
same power that gave it birth and ex-
istence, can equally abrogate and re-
peal it.
The Senate and House, comprising
the Legislative power, have seen fit and
proper to enact a system of laws.
These acts of assembly require certain
specific prerequisites to be pursued by
tho applicant for license. The law re-
quires of him d prima facie case. And
wherein does this really consist? Let
! it be observed in detail, because gener-
alties are apt to mislead and distract.
Some minds, apparently, may be fam
! iliar with these prerequisites contained
in the forms and acts of assembly, yet
the minds of many are biased, chimer-
ical and fastidious and press for specl-
fications.
The applicant or petitioner who
Graves for license, under the acts of
assembly, lst must be citizen of the
United States; I'd, a person of good
moral character; Sd, person of tenn
perate habits; 4th, must have sufficient
house room and dormitory accommoda-
tions, exclusively for the entertainment
of guests, boarders, dodgers and the ac-
commodation of the travelling public;
5th, the general body of the petition
must be printed, with the blanks filled
in, and must be verified by an oath;
9Th, it must contain u certificate of
twelve good, reputable citizens, in the
vicinage or neighborhood where the
hotel or eating-house is proposed to be
kept; 7th, the certificate of the twelve
citizens must clearly show and certify
that the applicant is a person Of fitness,
the house is necessary for the enter
tainmeut and accommodation of guests,
dodgers, strangers and the travelling
public; Sth, must also be accompanied
with bond in Two thousand dollars,
with good freehold sureties, for the
faIIhful performance of the trust and
preservation ofthe law; 9th, the petition
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