The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1886-05-26
HIGH AND DRY.
SOMERSET WITHOUT A LICENSED
HOUSE.
THE AGONY ovER-oUT OF TWENTY
NINE CALLED, TwENTY-oNE ARE
CHOSEN.
THANKS TO HIN RON WHOM ALL BLESS
fSGs FLOW.

lhfNAN a MN fHbA NhOn ALL bit-1-
isGs FLOW.
The license question is settled in Somersei
for At least one year to come. The intense
excitement called forth by the agitation o
this question for the past several months
mas abated. The forces have met in a hand
to-haud struggle both sides fought brayely
and manfully, and both came of victorious
so they say. The liquor men were repre-
scented by the ablest counsel that could be
procured. and the temperance people were
no less ably represented.
In its last issue the HERALp gave an &C
count OF the openlngssof the fight Monday
night. when arguments were made by W
II. Ruppel, Val Hay, A. II. Coffroth and
Elder Peter yogei on behalf of the remon-
strants, and by H. L. Baer, ESQ, on behalf
of the petitioners. When court assembled
Tuesday evening the usual crowd was in
attendance, and the argument was contin-
ued on the side ofthe liquor mel By Col. }.
Il. Edie, John II. Uhl, J. Il. Scott, and Den
mis- Meyers, Esqr's-
There was no session of court held We'd
nesday evening. Thursday ~euening w. ii.
Koontz. Esq. continued the argument Tor
the license applicants. and Col. Isaac Hugus
closed the argument for that side. Messrs.
Ruppel, Hay and Coffroth then concluded
the argument on behalf of the temperance
people.
The court gave the utmost liberty to both
sides, patiently and attentively listened to
ali they had to say, and when they had fin
ished took ali the petitions, remonstrance
and papers in the different cases, to give
them a fair and impartial examination be-
fore making a decision.
The matter was again taken up at Friday
evenings session of court, when Judge
Baer made the same order that he had made
IN Bedford relative 70 all bar rooms being
kept on the first floor, &c. Under this rule
all applicants who are granted license, lift
them with the understanding that they will
be revoked il within thirty days their bars
are not Kept on the first floor, in a room
opening on the street, and without screens
or blind doors. They must also agree to
close their bars not later thar 10 O'Clock r.
N. The opinion of the court delivered al
Bedford was published in the HERALD oil
week before last. At this session and the
session OF Saturday morning, the following
rulings were made
In the matter of the application for license
There being no remonstrance against the
application OF F. J. Foller, at New Balti
more, George H. DeHaven, at Glencoe. FREQ
DUR, at Pocahontas, made by the citizen:
Of the several towns and townships in which
the applicants reside, and none but genera
rsuonstrances made by citizens Of Wellers
burg and Dayidsville against licenses any
where, and these not verified by oatt
under the rules OF court, therefore H.
censes under the avs of the State, and sub
liect to the rules of this Court, assented TO by
the applicants by lifting their license, ar'
now granted to August Koehler, Dayids
vile; Frank j. Foller, New Baltimore
Fred Durr. Pocahontas George II. Della
ven, Glencoe, and J. J Kennel, of Wellers
burg, to expire on third Monday of May
term, 1887.
Fourteen citizens nave certified and sign.
ed the petition of Samuel Custer, at Stoyes-
town an additional petition Of thirteen i:
also on file, and to both there are the afiida.
Wits Of two persons as to the fitness of the ap-
p'icant and place, and necessity ofthe hoase
Eighteen other citizens have signed and Ger.
titled for Mr.. John HIte, and four have
made like affidavit OF fitness and necessity.
The sum of the citizens certifying and ask
ing that license be granted is As. Against
this a remonstranee is on file denying the
necessity, but not attacking the fitness Of
the applicants, or their houses, signed by 2,
male citizens and y ladies. The petition:
for and against are equally respectable. but
the remonstrance is i~rregulariy on file, no
having been sworn to, and is IN violation o
the nile OF court. Our plain duty is Il
grant the license, which we now do, t,
John Hite and Samuel Custer, as in the pre-
oeding ruling.
Thirty-seven persons. citizens of Addison
have certified and signed petitions for Ii
cense to be granted to Charles A. Mitchell
and Edward Wicklow, of whom four made
affidavit of fitness and necessity. Add
uonal petitions signed by a large number
are On file. but i~rregularly so, and cannot b
considered, and the testimony of ~eventee
persons (citizens) taken on rule, is on file
Against this appears special remonstrance
signed by ten males, twenty-three females
and sworn to by four citizens. assailing the
necessity only. Ia addition there is irregn
larry oil file, against the rules of court. be
cause not sworn 10, petitions signed by ?;
men and 81 ladies. On the case made, tn,
court deciding juiicially could not rul,
otherwise than to grant the licenses asked
for, as petitioners and remonstrants arr
ed to Charles A. MItchtll and Edward Nick.
low. as under the first ruling.
The applications at Confluence are in due
form, and in compliance with the law. Be.
sides the TACT that the petitions are in form,
and verified By the affidavits of two persons
the atfidayits of sixteen persons appear on
lie t~estifyins to the fitness of applicants ol
TWO houses and The necessity OF the public
hOuses- A remonstranee is on file signed
by 10 men and % ladies denying the neces-
sity, bat not verified under oath. and In
conflict with the rule OF court. To refuse
the licenses would be an abuse of the Judi
cial power. The licenses To Scott Sterner
and L. T. Frazee are now granted, as under
the first ruling. The application of Joseph
Schroek IS withheld, TO be acted ON at ad.
%journed court, because of allegations both
as to fitness of the place made by a member
of the bar, and the propriety of granting
more than two in the place.
The application OF Lewis J.. Esken. from
Berlin, is in due form, and in compliance
with the rules. II Is made by an excellent
citizen, and certified to by twelve reputable
persons it IS supplemented by the affidavit
of ten citizens. 4 special remonstance sign
ed by 90 reputable citizens and the facts al
legged sworn to by twelve reputable citizens
Is On file. The remonstrance denies neces-
sity, and alleges ample accommodations for
the travelling public. The flcts alleged BY
the reInonstraats are established by a pre-
ponderance OF evidence when, as we must,
the petitions, circumstances and evidences
are duly construed and weighed. We dc
not rule this, or any case. on discretion, but
on due consideration of the case made BY
all before Us, and we have looked at nothing
outside. We p~urposely declare that we base