Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1888-05-18

the price OI the llCouSe, ny WuiCu
many saloons would be closed aRd
Others rendered more re 'pectahle, and
the other was to substitute the dis
cretion of the Court of Quarter Ses-
sions for the mere ministerial duty of
granting licenses BY county treasur-
ers, as it had Heretofore existed in
Philadelphia and some other places.
If the construction of the act con-
tended for by the petitioner be the
correct one, then the title of the act
should read, can act to increase the
sale OF liquor and to derive revenue
tberefrom. In other words. it would
give every man in the State right
to sell liquor who could pay for his
license and comply with the act. This
would do violence to its letter and
spirit. The petitioner begs the whole
case when he assumes that he has q
right to license because be is re.
spectacle man, has always kept re-
spectacle house and that no remon-
strances have been Gled against him,
1t is an error to suppose that the sole
duty of the Court is confined to the
inquiry whether the applicant is cit
izen of the United States and man
of good moral character.
Back of ell this lies the question
whether the petitioners house is,
necessary for the accommodation of
the public and entertainment of
strangers and Travellers" and tine
plain duty of the Court of Quarter
Sessions under the act of Assembly
to so exercise its discretion as to "re-
strain" rather than increase the sale
of liquors. We do not know how
many public houses there are in the
Ninth Ward; it is not material that
we should. We are bound to pre-
sumo that the judges below have as
certained the number in judicial
manner; that they have in like man.
ner decided how many are nee essary
for the public accommodation.
QUESTION OF PUBLIC CONCERN.
An investigation of this question
has no particular bearing upon the
petitioners fitness to keep saloon.
1t is a general one with which he has
no more legal concern than any other
citizen of the ward. The question is
one of public concern; the petitioner
is no party to it in the sense that per.
sons are parties to private litigation.
1t may thus happen that licenses are
refused to persons against whom there
is no possible objection on personal
grounds. Thus, if ward has 100
public houses where only fifty ore re-
quired by the public wants, it is plain
that fifty houses must be denied Ii
censes although every one of the ap-
plicants is a worthy man and keeps a
respectable house; and though there
be neither remonstrance nor objection
on the score of want of fitness. The
denial of license under such circum.
stances may seem arbitrary. The
trouble is there are more persons who
want to sell liquor than the Legisla
ture considered it for the public good
to license for that purpose.
will not consume time with an
extended discussion of the right oi
judges of the Court of Quarter Ses
sions to exercise their discretion iu
the granting of licenses. 1t has been
exercised by that Court almost time
out of mind, and the power has again
and again been affirmed by this Court
This discretion, however, is a lega
discretion, to be exercised wisely and
not arbitrarily. A judge who refuses
all applicants. unless for cause shown,
errs as widely as the judge wht
grants all applications. In either
case, it is not the exercise of judicial
discretion, but of arbitrary power
The law of the land has decided thai
licenses shall be granted to some ex
tent, and has imposed the duty upor
the court ascertaining the instances
in which the license shall be granted
In order to perform this duty prop
erly the act of Assembly has provid
ed means by which the conscience o
the Court may be informed as to the
facts; it may hear petitions, remon
strances or witnesses. And we hav'
no doubt the Court may in some in
stances act of it's own knowledge
The mere appearance of an applican
for license, when he comes To the ba
of the Court, may be sufficient to sat
isfy the Judge that he is not hit per
son to keep public house. Th
Judge is not bound to grant license T.
a man whom be knows to be u drunk
ard or q thief, or has actual know
edge that his house is not nece ssar.
for the public accommodation.
PREVIOUS DECISIONS OF THE COURTS
The object of evidence in such case
is to inform the conscience OF tn
court 80 that it can act Intelligent,
and Justly in the performances of
public duty. While the act OF decio
ing in such cases is perhaps quasi ju
dicial, the difference between grantin
or withholding q license and tn
decision of question between partie
to d private litigation is manlfes
Neither the petitioner nor any othe
person in this State has any propert
in the right to sell liquor It's neet
less to cite the numerous cases
which this Court has refused to inte
fere with the discretion of the Qua
} ter Session in regard to licenses.
/ will refer TO Schlaudeckcr v
Marshall, supra, which is upon q
} fours with this, and where the que
ton was raised upon an applicatlo
: for mandamus to board Of license
appointed under the act of May l
1871, giving the said board "the san
. power and authority to grant licens'
+ in the city of Erie as the Court
, Quarter Sessions by law now has
The act there in force was that
q March %, 1867, the first section
;. which is substantially the same AZ Il
IS seventh section Of the act OF 1857,
q far as the duties of the court are co
!. cerned.
t The petitioner there, as here, ave
7 red all that was necessary under I
|, law to entitle him to license, n
j. does any remonstrance appear to ha
b been filed against it. The petition
n obtained a rule upon the board
1t show cause why they should 4
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