The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-01-16

dShlllS tut tpuib " ~ SSA'Fits
order that the names of all persons signing
tavern license petitions be published in the
county papers, the matter came up for
argument Monday afternoon, and the fol-
lowing is what the Court said in the matter
IN Re: TAVERN DEMONSTRATIONS have
been presented to the Court from number
Of the towns and townships, numerousIy
signed by very good citizens who have at
heart the peace and good morals of their
respective communities asking US to make
general order requiring the publication in
the newspapers of the county of the names
of the persons signing tavern license peti-
tions and certifying to the fitness of the
applicant and his house. and the necessity
of a public house; the names of the per-
sons making the affidavit and the names of
the bondsmen, to the end that the citizens
of the community in which the tavern Is 10
located may have an opportunity OF inquir-
ing whether the siguers are reputable citi-
zens; whether the bOndsmen are response
bic and solvent mpn, and whether the
persons making the affidavit are credible,
and whether the fitness OF the applicant, the
character of the house, and the necessity Of
a tavern to accomm odate the public and en-
tertain strangers and travellers is made to
appear, and to enc bic them intelligently to
petition remonst rance against the granting
of license.
The law now in force requires that a list
of applicants, with place of residence and
kind of license shall be published three
times and the applicant when filing has
petition, shall pay the clerk 25 cents for pub
fishing notice; a notice under this law may
not occupy more than one line, besides the
heading. and ali licenses applied for at the
same term, as a rule, appear under the same
heading. The manifest object of this law is
to afford notice to the public that certain
person has applied for license to keep
tavern at some stated place, and that the
application will be heard at a stated time.
Any information beyond this is TO be OBJ
tained by any citizen who desires informa-
ton by calling at the office of the Clerk of
the Court of Quarter Sessions and there
demanding inspection of the petition filed,
and his right to take or procure copy will
not be denied him, neither will any one de
ny his right to exhibit the copy to the citi-
zens of the particular community for the
purpose Of ascertaining the sense ofthe citi-
zens ON the matters alleged therein, SO long
As the same is used honestly in the interest
of the public good, and not as q mere CLOAK
for defamation, or for iniuring the sIgners oi
the peti non in the eyes of the community.
The law gives the citizen the right to be
heard against the application by petition
and romonstrance, and the request so re-
spectfully made to the Court TO have such a
general order of publication made, does not,
in itself seem unreasonable where the con
yenience of the citizens is concerned; for
from some districts in which applications
are made the citizens would have As much
as twenty-five miles TO travel TO reach the
county seat where alone they could get the
information, unless they procured 1t by
paving a fee to some one to procure it for
the N.
be TO the citizen. the Court can't rely on this
alone. The granting of license.does not rest
in discre ion, nor does the establishing of
ru les. The Court is bound by the law, and
ca n only use a legal discretion where that i
permitted by the law. 1t can't exercise a
discretion against the positive commands OF
the law. The law does not in so many
words forbid the making of such all order.
In the exercise of sound discretion, if con-
vinced i, was in the interest of the public
good. it might so order if it had also the
power of enforcing it A.; but the order could
not be complied with without an increase Of
possibly ten times the present cost of publ
cation Upon whom shall the Court i'm
pose the cost? Some one will say on the
applicant for license: but he will resist and
cite the statute which requires only so much !
to be published, and challenge the Courts |
right OF making law that increases these
costs above the legal requirement. Now, it |
is true that notwithstanding the legislative |
and not the judicial branch of the govern |
ment makes the law. the Court may, under |
the law. prescribe rules of practice from time |
to time not inconsistent with the laws, and |
order tn EN- to be published at the cost of the |
county but as to the citizen. when the law |
requires the publication of the substance Oft |
writ as notice, the Court cannot direct the |
publication of the entire writ (al it contains |
and tax such additional cost of publication |
against the party. If it were the proper |
thing for the Corrt to adopt such a rule, il |
might very well order the rule to be publish |
ed at the expense of the county, but pub
fishing the rule itself i one thing-publish-
ing the license petitions totally different
thing.
The proceedings are to be had in the !
Quarter Sessions. In that Court costs are
only given when created or allowed by |
statute no statute provides for the cost Of
such publication, hence they would rest al
WAYS upon the party who asks for the publ |
cation. If a general order is made now |
upon whom in any particular case shall |
costs Of publication be put? Calm. dispas
sionate reasoning among the friends often. |
perance will satisfy them that the powers
of the Court are limited that its discretion |
is regulated by law, and they, as well as the
whole community. should be glad tha, judi
cial discretion is regulated by Law. Judges
are not Solomons, as a rule. and it will be |
time enough to give them absolute discre |
ton when every judge shall be Daniel |
Too much is expected from judges on this
liquor question, and too little is demanded |
from the lawmakers. We can only hold |
ont this hope to those who would despair of
a wise and just administration ofthe liquor
laws: The iaus regulating nc liquor traffic 'rU
be rigidly enforced aqqiar all offenders tha'
fairly oouls tcfore he C95gi.
But the community shonld disabuse its |
mind The Court does not originate prose
cution, fer violations Of the liquor laws, but |
tries by Jury the cases regularly brought be
fore it. Nor can Courts rule or decide auy |
case or matter except as regularly and legal.
" brought before them Whether the vio- |
lators of the license Ia W. shall be punished |
rests with the community If the citizen |
falling 70 prevent the granting of license
afterwards beholds the violation of law and |
wiuks at it. he can't with very good grace
find fault with the courts. He may claim to /
be excused because it is not pleasant 10 be- |
come public prosecutor. and not at all de- |