The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1886-05-21
LICENSES.


stand upon the statute book, contemplate
the granting of licenses to public houses
Tor the entertainment of strangers and
travellers, whenever necessary for that
purpose.
1t is thought by many good citizens,
among whom are those who demonstrate
and those who were witnesses in these
cases, that no licenses should be granted
under any circumstances.
Courts sit to administer the laws, not to
repeal them. The opinion OF the Supreme
Court, delivered by Judge Agnew, and re-
ported for the guidance Of the subordinate
Courts, holds that whether any or all IL
censes should be granted is legislative
and not a judicial question. He says that
for the Courts to hold that no license shall
be granted to any one or that licenses shall
be granted to every one who has the re-
quircd certificate, Is not to decide judicially
on the merits, but TO determine beforehand,
outside of the law and by the exercise of
arbitrary will.
The law requires that the Courts shall fix
a time by rule or standing order, when
applications shall be heard as tn erein pro-
vided, II the Courts should disregard the
law so far as to refuse all licenses, why fix
a time for hearing? Why hear at all, if
the law which provides for licenses when
necessary for the public is to be disregard
ed? The question is not whether it is neces-
sary that places be licensed for the sale of
liquor. If necessary for the entertainment
OF strangers and travellers, the law,
whether wisely or unwisely, has declared
that the sale of liquor is an incident to the
business.
In respect to the application OF j. b.
McHenry those opposing allege that his Pc
tition does not comply with the law because
one of the petitioners is not reputable
person. This objection is not sustained
1t is shown that the person named is of
good repute as business man and as a
citizen. And this by the almost unani-
nous testimony of his neighbors, and by
all except some few who set up IA standard
of reputation not recognized by the general
sentiment of the public. Better that nei-
ther that person nor any other drink At all,
but it does not appear that he drinks to
that excess thaSmakes him disreputable.
In regard to the necessity for two hotels
in Benton, there is diversity of opinion
among the witnesses. The granting of this
license will not increase the number of no.
tells, as we have at the present term rejected
the application for renewal of license
to one OF the hotels formerly licensed, the
certificate not being signed as required by
law.
There appears by the evidence. to be
considerable travel on the roads through
Benton, and there are times when one ho-
tel cannot accommodate the public. 1t is
about ten miles in any dire ction to a hotel.
We think the weight of evidence sus.
tans the allegations of the petition and GER
titicate.
Mr.. Hess has kept hotel at his place for
thirteen years, and until now no complaint
has been made against him; on the con.
trary, it is admitted that he has kept for
the country first-class hotel. He is shown
to be an honest, temperate and conscien-
tious man.
The charge of allowing drunkards at his
is not supported. Persons at the sale had
bottles, and there was cider there, the sale
being fourth of mile or more from the
hotel. When they came to the village, Mr..
Hess finding that they were intoxicated,
closed his bar.
His sale of liquor to Slime does not show
that he knowingly violated the law. Slime
was nearly twenty-one years of age, he
looked fully of that age, he was married
man AMI lived at Newton Hamilton, Perry
county.
Hess hoster boy, minor, had glass Of
beer once in the three months that he lived
with Mr.. Hess. In that one instance there
was violation of law that applies to al
citizens as well rs to landlords. Under
the circumstances detailed, as this was the
only instance of the kind shown to have
occurred, in full confidence that 1t will not
occur again, we have concluded not to
withhold the renewal on that ground.
In respect to young men sitting on the
porch OF the hotel on Sunday we have to
say that while there is no penalty in the
statute against it, yet hotel should not be
allowed to be lounging place for boys,
young men or the ncighbors' 1t does not
appear that there We're noises or disturb
ances at the hotel on Sunday, nor does il
appear that drinking was allowed, hut the
moral sentiment of the community
is justly opposed to such gath
erings on Sunday, and most natur
ally raises suspicion that drinking
is permitted. Young men and boys of The
neighborhood are not the kind of strangers
and travellers intended to be provided for by
the statute. They have no business to bt
about a hotel. landlord is under M
obligations to keep arNcm for Young mel
to 90 into, to make their toilets on Sun
day morning. In what was proven on tina
subject we do not find sufficient to with
hold this license, but shall require some re
form in this respect for the future.
Landlords must understand that the
Court has hold upon them notwithstand
ing they are licensed for year. In re
spect to these licenses we shall expect ant
require a rigid adherence to the law
Lounging at tho hotels on Sunday, furnish
ing drinks on Sunday, or election days, o
to minors or to persons OF known intem
perate habits or intoxicated at the time
must be strictly guarded against, so tina
the good citizens will not have ground
to suspect any violation Of law, or to com
plain of the manner of conducting thei
hotels in any respect.
| A monument has recently been erect e.
in Wildwood cemetery, at Williamsport
to the memory OF Elisha Howell Biggs, a
one time resident of this town. The dc
sign was furnished and drawn by the Rev
]. II. Hopkins. The monument is made @
fine white Sicilan marble. On the top
the gable is beaded cross which runs tn
l Al.