Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1888-04-27


the Supreme Court Of Heaven: "If
any lack wisdom, let him ash of God.
who giveth to all men literally, and
upbraideth not, and it shall be given
him."
Licensed Liquor Bars in Butler.
To laymen Ga layman as to law
courrs) it seems strange that liquor
bhrs have b.en licensed in Butler
borough.
l. I say liquor bars; for it is they.
not houses of entertainment, that
need and seek license. The liquor,
bar was once indeed mere incident
of the house of entertainment, and
and was then so recognized in law.
But it has long since ceased to be
such. In most city centres it it to-
day chiefly u mere drink-den; that,
and nothing m ore Wbera an eating
house is connected with it, to satisfy
what ia now but fiction of law, 1t is
the eating house, not the drink den,
that is the mere incident This is
the widely.known fact to-day, though
the fact is not without its exceptions.
Tue eating house, as such, don't mead
and don't seek License for its own
work; the saloon does. The house
of entertainment, as such, neither
needs nor seeks q license for its legiti.
mate work; it's drinking bar does.
Why will juris,s, who ought to keep
court action as pure as possible. try
to keep life in &. bad thing-the drink
ing bar-by seeking it's license under
the cover of a good name, that OF
"house of ente rtainment." To do so
is to falsify fa ct and history, and to
prevert law drop legal iic tion,
and speak plain common sense when
/ say that it was simply drinking
bars-nothing more, nothing less
that were lately licensed by our coun-
ty court.
2. The Court had discretion in
granting Or refusing applications for
license. Discretion is not to grant or
refuse license al bitrarily, but accord
ing to tine presc riptions OF law. 1t
patiently hears an application; hears
testimony for III d against; hears spe-
officially petitions for and remonstran-
ces AGAR st; gives to each kind of evil
dence the weight that the law re-
quires. and then wisely decides the
case. To decide license application
arbitrarily is not according to law
is not to use discr elton. The license
court is invested by law with discre-
ton, bat'it is discretion that re-
spectsSrestimony, and especially the
wishes of the people directly Affect
ed.
3. The liquor laws of 1861 and
1887 mean to give the people chance
As against the licensed liquor bars.
They provide that tire popular senti-
ment shall be a factor in the make
up of the Courts discretionary judg-
menE. The law of 1867 says, at
shall be lawful for said Court to hear
petitions, &C." And the law OF 1887
says. "The Court shall hear petitions
sAC. 1NOW III COubtiS % \" HSc PR
lar sentiment pred0min ates IN favor
of the licensed liquor bar, that fact,
with other things prescrl bed by law,
is to be factor in the m ske-up OF the
discreet judgment of the Court, II
is so used. And in such counties all
that the law aims to do is not to prohi-
bit but simply put restr amt upon
drinking bars. All honor to Judges
White and Ewing, who. in a strong
liquor county, have reduced the law
less drinking bar to something hav-
ing OF least the show of law and or
der. In CO unties where the popular
sentiment is strongly agaTnst the
licensed liquor bar, that fact, II
brought TO the attention OF the Court,
is also to he factor, and chief fac
tor, in the makeup Of its discreet
judgm ent. ! say it is to be u chief
factor. The act of Assembly 30 pre-
scribes. 1t directs that the necessity
shall be ascertained "by the number
an1i character of those petitioning fo-
and against such application" !
uOLt ltS WOTuS. nC ouIu Souit VI
Quarter Sessions shall hear petitions
fir ON residents of the ward, borough
or township, in addition to that Of
the applicant. in favor of. and remon-
strances against the application for
such license, and in all cases shall
refuse the same, whenever, in the
opinion of said Court, having due re.
gard to the number and character of
the petitioners for and against such
application, such license is not neces-
sary for the accommodation OF the
public aud the entertainment of stran-
gers and Travellers" This language
is plain. 1t can't well be misunder-
stood. 1t prescribes TO the Court the
method of ascertaining the necessity
for licensed liquor bar; aud that is,
by the numbe and character OF those
petitioning for and against such IL
ccnse." The law of 1887 bios the IL
cense court pay great attention to the
wishes OF the people in the locality.
4. A recent decision of the Su-
preme Court, on liquor cases carried
! up before it, also give the people
chance ns against the licensed liquor
bar. In the Reed Appeal the
Supreme Court says: "In this we soc
. that the petitions and remonstrances
are for the sole purpose of detcrmin-