The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1886-04-28

lOle>L Tax payers ot t-G 'po-N- NfG
and noamouut Of wiiliul. malicious or stu
p.d lying on the part Gifts editor can alter
this fact
juror FURsT OK TIE LICENSE QUESTION.
The petitions for license were considered
bv the Huntington couBiy court last week,
and the following IS the fuI text ofthe opin-
ion delivered by Judge Fur-' on the ques
ton
In the disposition ofthe several aPpHca
tions for license IN the county Of Hunting
don. after considerable consultation and due
consideration, the court has by = majority
vote arrived at a conclusion. II Is proper
for the court here to say that in the disPosi-
non that we have made OF these applications
we have made It under the discretion hat
is lodged III the court under the several acts
of Assembly Of this Commonwealth. and
the DECISIONS OF the supreme Court. What
ever may be cur views, a. citizens. We are
controlled in our Judgment rs officers Of the
court BY the law whether the law IS OIL
noxious To public sentiment OF to cur "
individual opinions : uot.a question for Us
under the obligation OF our oaihs 70 deter
mine we sit here to administer the law
We do not sit here to enact o. repeal an act
Of assembly. Il IS our first duIy TO inquire
after the legislative intent, and then to ad-
minister the law according to the spirit Of
the act Of assembly.
There IS upon the subject ofthe discretion
lodged in the conrt. q variety OF opinions
among the people. We feel the discretion
that Is lodged in the court i = judicial dis
eretiou under the law. We cannot arbiira-
riiy decide thai all applications should be
granted, or tina none should be granted. If
we we're to exercise an arbitrary discretion
upon the lax, Ee would be violating the
obligations OF our oath> whieh RS; upon Us
in our official capacity
We have examined each particular ease
which has been brought 10 t4e attention #
the coar.. We have in several instances
taken judicial notice Oi i4gis which were
known 70 The c0urt alone. =; least i4cis that
were not presented IN the petitions or re-
m0nstrances. We have also considered the
general demonstrates as wril as the special
and have given to each Of them due weight
and consideration. In arriving at j con-
clusion We have been governed and control
ed b the facts OF each individual case. We
have NOT sci Up in our mind : standard of
what the law should be. but we have en-
deavored TO administer the law a. laid
down by tie Supreme Cont IN the case OF
Sehanldecker IS. Marshall. - Smith, page
20. aud Too!es appeal, . Norris, page 276
Whether or not we meet the expectations
Of The applicants or the expectations OF the
people. We cannot say. We are only infa-
enced by the obligation that rests upon u
to discharge orr duty under ,he las 81 the
land.
In the borough Of Huntingdon there are
Two principal hotels. These Ao,eis, We have
no doubtln on mind, are necessary for the
accommodation Of strangers and traveller
bat tie majority Of eoar; is satisfied II
respective ofjhat, that they hare wilfully
violated the law, and all applicants stand
precisely upon tie same level in this court.
We apply the same rule TO the principal
hotel that We would 10 the hamblest one in
the county. That these two hotels fail to
get license. Is not because we do not eonsid-
CT the houses Necessary. bnt We consider
that they have w@ilfglly violated ,he law IN
the past year. and have sold TO persons With
in the prohibited class.
The lax requires Us 20 examine first into
the necessity OF the house, nnd ascertain
whetberIi j. necessary Tor Tie accOnmoda-
ton Of strangers and travellers. ard then to
examine into the fitness Of the applicant.
who is to be a man Of good repute for tenn
perance and for honesty. To be honest in
this case, means = man who Is faithful to
the trust reposed in him. The law prohi6-
lis him from selling to minors, to men of
known Incorporate habits. and from selling
on sunday. If be violates any of these con-
diiions he violates tie law under which H.
cense IS granted, and we say further tha. If
any OF the applicants who are licensed a;
this court should violate the conditions
upon which the ~iisoense s granted, those
conditions are just as broad as ihe act OF as
sembly itself. and if knowledge Of il Is
brought to the attention OF the court in any
proper manner, We viii issue a rale to shox
cause why his license should not be revoked
and If under the circumstances the court
think he has %wilfaliy violated the law, his
license viii be absolutely revoked.
wefurther say that knowledge has come
10 the attention oithe court hat drug stores
in this place have been violating the law.
We give doe notice that a drug store has no
more right 70 sell liquor as a b~ercrage thar
any other unlicensed person. We call this
fact to the attention NJ the District Attorney
that he may take such steps as will lead TO
the observance Of the Law in tins respect If
any o ihese persons are selling liquor as a
beverage, il is his sworn duty to see that
they are brought to justice, the same as any
other criminal.