The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1886-06-30
Judge Brown on License.

Considering the action taken on the
license question in this county at the
last term of court, all parties will
doubtless be interested in the disposi.
tion of the matter in Warren county
last week. In Warren borough six
we're granted, in Clarendon six, Shelf.
field three, and in other sections of the
county four were granted, making
nineteen in all, out of fifty.seven ap-
plications. Judge Brown delivered a
lengthy opinion, and from the Tidioute
NeaCs we take the following synopsis: /:
"In brief it is founded upon the act
of 1867, which makes it necessary for
the applicant to show that a license
to sell liquor is necessary, and not
license to keep hotel, inn or tavern
In determining this necessity the prop.
er method was to hear petitions and
remonstrances from the residents of
the ward, borough or township in
which license was applied for.
eve must look principally to the
opinion of the voters of the locality in
determining the necessity for the pro.
posed license, but (and we here adopt
the language of the able judge of the
Fourth district) I'VE are not bound by
the result of simple count of the
names of the voters. We may COO.
slider also their character, their bust.
ness relations, their local prominence,
and such other circumstances as may
be seen to give value to the opinions
expressed by them and enable us to
determine the sentiment of the Dor.
ough or township.' And we avail our
selves of the words of the same Judge /:
awe have always received respect.
fully and taken into account the re.
nonstranoe of adult women. They
do not vote, it is true, and we do not
attempt to fix the formula by which
the weight of their remonstrances may
be calculated with exactness, but we
never have, and we never shall, shut
our ears to the cries of the wives and
mothers who ask to be heard on this
question. They are the greatest suf.
ferers from the consequences Of intem.
perance, they have the greatest inter-
est in the subject, and they have no
other method of striking at the traffic
"What we have said indicates our
convictions Of the duty imposed on Us
by the laws of the commonwealth.
Aided by any knowledge either Of the
judges may have as TO applicants and
localities, we shall try to dispose of
each one of the pending applications
upon its merits. Our duty is a per.
picking one. The evidence on which
We must act is in many instances
vague or conflicting. That we shall
make mistakes is probable. That the
decisions we shall render will not meet
the approval Of all is certain. If we
could assent to the proposition main
tanned by some very able judges, that
the necessity of the particular house
for the entertainment of strangers and
travellers, together with the other pre-.
requisites, being shown, the court is
bound to grant license, our duty
would be an easy one.-But we cannot
so assert. In the absence of express
legislative enactment or positive de.
cision of the court of last resort, we
are not able to conclude that it is in.
deed the law that one man who hap
pens to own or occupy house so sit.
uated and equipped as to be conven-
lent or necessary for feeding and lodg.
ing the wayfarer, may demand as
right, and in the face of an overwhelm.
ing adverse popular sentiment, that
the court shall commission him to
thrust the business of selling intoxi-
eating drinks upon an unwilling com.
munity.
"While we have great respect for
the opinion of the judges from whom
we differ we must follow our own con.
victions of duty, and this we do when |
we hold that the necessity of license |
to sell Intoxicating drinks is to be
determined, in great part, by the sen.
timent Of the locality as expressed in
the petitions and remonstrances pre-.
sented to the court"
The Neacs adds Logically follow.
ing out the Judges opinion remOn.
strances against the granting Of Ii.
.censes in Warren and Clarendon must
have been very light, both as regards
the character and business relations Of