The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1886-05-12

have a right to redress things that are other
wise done
Tbare does no. seem 90 be much roonl for
difference Of opinion as % what is meant By
this ruling. But because, in eases ;hat have
been ruled in the supreme court since the
sehiaudscker ease. that court Asids that @
a.asss sduc tosre Is eflrey sifaia de az
oe.oa fde aosat. the friends Of temperance
take the broad ground thai the loSer courts
can lawfully and properly. and should in
the interest ofthe public good refuse all H.
cense.
Isubmit with confidence that the latter
cases are not properly read The cases me
Norr1s, and all subsequent cases which hold
. that to grant OF refuse a license is entirely
within the discretion of the court are man
ifestiy based on the maxim. o%asaia, przsi9a-
enter rita eSsc Gct1-"EvervthiDg IS presumed
to ne rightly lone in the court below when
nothing appears on the record TO show the
contrary for in these eases the record
shows no acts, facts, or evidencefr from which
abuse of discretion could be inferred.
The court say What testimony may
have been before the court don't appear.
ana We are certainly not to presume that the
refusal Of the license was arbitrary and with
out some good reason What is this bat a
ruling that licenses should not be arbitrarily
refused.
When cases decided on the ground OF al
legged sound discretion are taken 10 the su-
preme court, that court win not revise IN
ess the record shoxs an abuse Of the discre-
ion vested in the court below. II, on the
ace of the record, palpabk Or gross ab,se of
discretion appears, it win revise. 20 Smith,
III.
Where person or body IS clothed with
judicial. delibe-ative, or Discretionary pow
ers, and he or it has exercised such powers
according to his or its discretion, the deci-
sion will not be revised, even if wrong
How could the person or tribunal be free
to exercise his or its Judgment in such a
case if he or it Is 20 be controlled by any
other court? Out, SSI.
1t seems apparent that, in the exercise of
discretion. error in judgment would not be
revised. whereas abuse Of discretion, when
apparent in the record. will be. This has
the merit at least. Of common sense.
1.-THE court below refuses license it i the
exercise Of an undoubted right if any good
reason is made TO appear which warrants
the refusal Ifthe application in every re-
speet comes within the letter and spirit Of
1 the law. a public necessity made to appear,
and no good reason is shown for refusing the
license, it is the duty OF the COURT 10 grantit
SO this court views is duty under exist
inglaws.
So ruling upon each case, under the law
and the facts as made to appear, honestly
and without fear or favor, keeping the gen
eral good in view. is al exercise Of judicial
discretion, and such Il discretion only is
meant in any decision Of the supreme court
we have ever seen which relates to the sub
ject Of license.
! am quite aware that able lawyers, the
clergy almost en- Hasse, and all the mothers.
wives. and daughters Of this district look
] upon TIC UDA-lc u AAAt ADAAA III h1A1 AA@tNN+
as covering an absolutely arbitrary discre-
ton. Advocating the exercise Of this arbi-
trary discretion they forget that the same
argument would be q shield 70 the court for
arbitrarily granting all licenses, without re-
gard to necessity, fitness, or requirements,
for if it rests in arbitrary discretion any con
cIusion the court arrives AZ mus &c right
Such 2 doctrine would invest the lower
courts with an infaIibility never dreamed
OF, and would be quite a pernicious as it
manifestly IS ~untenable.
Some VIII argue that by this opinion the
court admits that it has a discretion, and
hence If has power TO refuse all license
without assigning any reason and without
reference to the facts. Such a conclusion IS
. hasty enc. They fail to keep in view the
fact that judges are sworn to discharge the
duties Of their office with fidelity, that
though they could decide cases against ap-
plicants in such G way that nothing would
appear on record from which the abuse Of
discretion might be discovered. such con-
duct would be a violation Of official duty,
rank infdelity to the official trust, and & de-
FAINT sin against conscience. We cannot
surrender the keeping Of our conscience to
Others
II does no5 follow that We are not IN &C
cord with the progress Of puhiic sentiment
because we see or think We see the necessi-
" of curbing the fiery steed, so that it be
kept in bounds. The agitation Is wholesome.
The contests in the courts result in a gvner-
81 good. even though unsuccessful 1t is e
move forward and in the right direction.
The way IS being paved for the proper rene
dy, which IN due time, when al the polls
each man will vote for lawmakers uutram-
melted BY political party ties. viii be en-
fored. But until new avs are made it IS
the duty Of the courts to observe and enforce
those We have.
We determine each case on its own mer-
ITS, p o the facts made to appear, viewed
in all its phases under the Law, in an effort
10 oonscientiously discharge our duty, look
ing upon the general remonstrauces as en-
tightening the court on the progress Of pub
lie sentiment. and As requiring the court to
demand proof of the necessity for a licensed
house in any particular community, but il
itselfnot sufficient TO warrant a refusal OF
hcense when the necessity for q public
house at 4 particular point, the fitness Of
the house and applicant. and the eompli-
ance with all the requirements of the law
have been made to appear atiirmatively.1