The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1885-05-08
Liquor Licenses.

per SET IOrtn tnaJ LICENSE WOulu De uetrl-
mental to the morals of the community and
was not needed by the travelling public.
Mr.. Rhone was called and stated that it
was impossible to keep up house without
bar, as enough could not be made to
make it pay.
Ellis Young of Greenwood said that Mr..
Rhone was man of temperate habits. He
was acquainted with the village Of Rohrs-
burg. Did not know but what it would be
an advantage to have licensed hotel there.
Had heard people talk about the lack of
accommodations there. People had stop
ped at his house to get their meals and
horse feed.
Richard Hess of Jackson said that Mr..
Rhone was sober man, and that there
was good deal of hauling from the noun
tains. and no hotel along the road. He did
not know but what travellers could get ac-
commodations at the temperance house in
Rohrsburg
Enos Hartman of Rohrsburg, black
smith by trade. thought that licensed
house was necessary.
L. Ii. White is saddler at Rohrsburg,
was never in the house of Mr.. Rhone, ex-
cept the bar room. He thought there was
necessity for licensed house so that trav-
ellers in the winter could get something to
warm up with.
Daniel Welliver of Greenwood said that
1t was not for him to say whether q licens.
ed house would be benefit to the place, as
he did not know.
On behalf of the remonstrance johnson
H. Ikeler, was first called. He had been
acquainted with Rohrsburg about 60 years.
Thought hotel license was unnecessary.
The village has been much more quiet for
some years, than it was when there were
licensed houses there. There is as much
enterprise there as when it had licensed ho-
tells
Joseph Dewitt did not think a hotel nec-
essary. Rhone's house had not been Ii
censed for ten years at least
M. E. Cox lived in the house for which
license is asked ten years ago. Didn't think
it was very well laid out for tavern. Wall
lace and Unangst kept it after he left
Knows nothing about the interior of the
house now.
p. ID. Black said he was acquainted with
the business community Of Rohrsburg, and
thought hotel was not necessary. There
were only three names on Rhone's petition,
of persons who reside In the village. Most
OF the others live two or three miles away.
1t is much queter now than when there
were two hotels there.
Melville Lemons said he has got good
accommodations at the temperance house
The decision of the court was rendered
in the following words:
1t is unnecessary to proceed further
with this case. There is presented to us
a petition, signed by 20 persons, few of
them resident in the immediate vicinity of
the building where this applicant proposes
to open tavern, and others living proba-
bly, in the same township but not interested
in the question whether there should be a
hotel in their midst or not. A remonstrance
is presented against the granting of this
application, signed by 90 persons, the
greater number of them residing in the i'm
mediate neighborhood.
We have heard several witnesses, called
by the plaintiff, who are rather inclined to
think that hotel in Rohrsburg would be a
good thing, proper and necessary. Per-
haps an equal number have been called,
who have stated to us that in their judg-
ment this house is not necessary for the
accommodation Of the public. This re-
monstrance also sets forth that there is no
necessity for this house. If the testimony
was only equally balanced, we would deem
it our duty to refuse to grant this applica-
ton. To move us to license q new place,
we must be satisfied by clear preponder-
ance of its necessity for the accommoda-
tion of the travelling public and not of the
neighborhood. The act of assembly pro-
vides that it shall be lawful for the several
courts Of quarter sessions of this common
wealth to hear petitions, in addition to
that of the applicant, in favor of and re-
monstrances against the application of any
person applying to either of them for a Ii.
cense to keep hotel, inn or tavern, and
thcreupon to refuse the same, whenever
In the opinion of said court, such inn, no
tel, or tavern, is not necessary for the ac
commodation of the public and strangers
and travellers.
The law was passed because it was helt
by some few courts of this state that If al
application came with the proper petition
and with the requisite number of signers
and with the statement of his citizenship
aud of his ability to accommodateuthe pub
JIG with the number of bedrooms and bed
required by law, it was then the duty o
the court to grant the license. We hold t,
no such doctrine as that We hold tin
doctrine laid down by Chief Justice Agnev
in 20, p. +. Smith, that while the Law
stands as it now is, those who assert tha
no license should be granted, and thos
who claim that all should be granted wher
the applicant comes with proper recon
mendations, are both wrong. The lay
contcmplates license where there is pull
lie necessity-not necessity for the sal
| OF intoxicating liqnors but the necessit
for house Of entertainment, where strar
gers and travellers can be by compulsio
accommodated, where they have right t
go when away from home.
The remonstrance against this taver
strongly preponderates over the petitio
for it, and the evidence fully satisfies I
that there is no necessity for this hous,
Whenever we can hold, within the meal
ing OF the law, that license should not
granted, it is our disposition so to hol,
We know that we have 1.-The power to reje
every application, but the law refers Il
matter to the discretion OF the court, di
cretion to be exercised in view of the ci
cumstances of each particular case,
| Where houses have been licensed her
tofore, and have been 80 conducted tn
there is n complaint against them, the a
plicant having been compelled in the OF
set TO prove the necessity, and the cou
having adjudged the place necessary, ,
presume that house to have been kept