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

duties Of this court IN Granting license, and
assigning reasons for the manner in which
the several applications for license have been
disposed of would be uncailed foF bat for
the fact that public sentiment IS aroused Oh
the question OF l~icense, andthet the scope OF
the powers sad duties Sftle court OF quarter
SESSIONS in regsrd - granting license is not
viewed alike oy the ADVOCATES of temperance
on the one hand and the advocates o flicense
on the other.
We deem il best that, on a matter which
so largely affects the public good, our views
should in this district be known. for ii IS to
the interest of the citizen and of The State
that confidence in ~thejudiciary be maintain
ed and this cannot long be il the question
now agitating the public mind be decided
to-day and in this place in one way and to-
morrow and in another place in a different
way, and each claimed 10 be justified by the
same law.
There is great diversity of opinion in the
profession in some localities. and not a uni
form ruling by judges of the lower courts,
causing people to conclude that courts, arbi-
trarily and without reason, decide either
way, and tina they can do 50 at their
pleasure.
One class of people demand an arbitrary
ruling, but are not satisfied unless the arbi-
trary pendulum swings to their side. AnOth-
er class demand licens as a matter Of right,
upon compliance with the legal conditions.
No intelligent man will allege hat the
selling or drinking Of liquor is in itself an
evil. or what lawyers call niGhna Ia Sc. But
it is provided bp law that it shall be unlaw-
full to keep and maintain any house, room,
or place where Yinous, spirituous, malt or
brewed LIQUORS, or any admixture thereof,
are sold or drank. except as provided for by
law and hence the selling OF liquor be-
comes an evil when sold contrary to law,
because such sale is prohibited by the
law.
Under the act Of 1855 the granting OF IL
cense was mandatory when the applicant
was properly qualified aud the requirements
of the law were complied with. The grant
ing Of license under that act did not rest on
judicial or sound discretion. The applicant
having done his part, as required by law.
could demand license.
Landlords and dealers whose zeal outruns
their knowledge and discretion, preach into
the ears OF their patrons this same old text
of the courts complying with their demands
upon their complying with the law, and
thus keep alive an error. The rulings Of the
supreme court have in the Schlaudecker case
long since decided that existing license laws
are not mandatory. Under existing laws IL
cense may mot shall be granted by the
court Of quarter sessions 10 citizens OF the
United States who are men of temperate hab-
lis and good moral character, and then only
when ali the requirements Of the law have
been complied with. 1t is made the duty Of
the court to fix a time, by standing rIle or
order, at which applications for license shall
be heard, at either tie first or The second
term OF the year, mot at beth at which
time all persons applying for license or
NEUTRALITY-SUSPICIOUS. 10 license may be heard
by evidence, petition, remonstrance, aud by
counsel.
The first requirements OF the Law are that
the applicant must be i man OF temperate
habits aud good moral character Such 8
/ one is lie who Is moderate in tie indulgence
Of ais appatites and passions. and as special
I iy meant ia mis- acr-one who does not in
dalge 10 excess IN the use OF s~pirituous, Vi
nous, or malt liquors, aud controls his
passions, 50 as not toodend against morality.
An applicant might be tenoerate in the
use OF liquors, but intemperate in the indul-
/ gence Of MS passions and thus offend against
good morals. and be as much disqualified TO
have a license as If he were himself a
drunksrd.
Idon't think the law coutemplates that
! license should only be granted 10 saints
| but l am equally sure il does not mean that
a man who does not control his own appe-
tite and passions aud does not observe the
rules Of good morals shall be licensed at the
peril Of the public good.
BY moral characters as used in theact must
be meant the exercise ofsach manners and
conduct as beft q social being in relation to
his fellows, and with reference TO right
and wrong, in the sight OF the law OF God.
The landlord who habitually indulges in
~profane caths, amnses loafers with nasty
stories that offend the moral sense, and pan
ders to depraved appe,ites, isa teacher Of
bad morals and manners. Such a one lacks
the fitness required by the law, and is no
more entitled to license than the iztemper-
ate drinker.
The laws to be complied with substantial
Iy require that
First. The applicant must have present
ed his petition to the clerk Of the court at
least three weeks before presenting the same
to the court.
second. The clerk must have duiy adyer-
tised the application.
Third. The petition must embrace a GER
tifcate signed by al least twelve reputable
~citi-eAs Of the ward, borough, or township
in which the license is applied for. setting
forth that The sameis necessary to accommo
date the public and entertain travellers and
strangers, and that such applicant is 0 fgood
repute for honesty and tsmpeyagos, and is well
I provided with house room and c~onyeuien-
ces for the accommodation Of strangers and
travellers. and that the house applied for has
for the exclusive use Of travellers four bed
rooms and eight beds when in a county seat
or two bedrooms and four beds when in 9TH
er places.
Fourth. A bond in the sum of $1,000,
with two sufficient s~ureties. 20 be approved
by the court. must DC filed, conditioned to
pay all damages that may be recovered and
all fines, costs, and penalties which may be
imposed.
Fifth. The bondsmen must be signers of
the petitions, and must live IN the ward
borough or township in which the house to
be licensed IS situated.
sixth. The same requisites apply to
applications for beer house. eating
house or restaurant license, except that rela
ting to beds and rooms.
Seventh. Bottlers can only be licensed by
applying in Ike manner as applicants for
beer-house license.
The act Of 1867 provided that 1t hall be
lawful for the court to hear petitions and re-
nuonstragces, and refuse the same whenever,
in the opinion OF the court. having due re-
gard TO the number and the character of the
petitioners for and against such application.
such license is not necessary for the accom-