The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1888-02-01
RETAIL LIQUOR LICENSE.
Ten Called but Three chosen-Som.
erset Goes Dry.

I CtoSt OOGS
When the HERAID went to press on Tues
DAY evening last. the all absorbing license
question was occupying the attention Of the
conrt and eloquent attorneys were making
exhaustive arguments in favor Of or against
granting the prayer Of the ten applicants
who prayed to be authorized by the court
to retail liquor to their fellow citizens from
the 25th day Of January A. d. iSss to the
! 18th day of january A. ID. 1883 The argIt-
ing Of the question vas kept up till noon
halfpast one O'Clock P. ~, when it was an
nouncci the court would render its decision
in the matter. 0fcourse there was a great
deal Of Specializing on all sides as to what
that decision would be. Promptly at the
ringing of the bell in the afternoon a large
and eager crowd of spectators rushed to the
court room to hear the decision of the court
announced Quite q number ofladies. promi-
nens in the W C. T. T. movement were
in the audience. The full Bench was present.
After court had been duly opened Judge
Baer read the rulings on the different appli-
cations. The applications of Scott sterner,
I Confluence John H. sIicer, Nathaniel sli-
Ger, Robert Guthrie and Z. Kyle. all of
/ Meyersdale John Winters, of Somerset and
A. A. Miller. Of Ursina were all refused.
Against all these there were large remon-
strances. The number rofremonstrants being
very far in excess of the petitioners
The applications of Charles A. Mitchell
and Edward Wicklow, of Addison and Agiist
KGbler, of Conemaagh, were granted, there
having been no remonsirance fled against
them
The decision of the Court was received
with very general satisfaction. much more
50 than last year when all applications were
refused. without regard to petitions or re-
monstrances. OF course many of the appli
eants and friends of license we're greatly dis
appointed at the ruling of the Court and
were very free in expressing their opinion Of
the same, bat the general public wre salts
tied than the decision was a just one The
applications Of iiStilIers and wholesale deal
ers will come up at the April argument
court, when the Temperance people will
make strong effort to have the manuiac-
turers shut off.
Following Is the ruling of the Court on
the retail applications. In the case of the
successful applicants. Mitchell, Wicklow and
Koehler it is Is follows:
The petitions and bonds in these cases be-
ing in form. and bonds approved, and the /
necessity for a licensed house, and the fitness I
of the applicant and his place having been /
affirmatively established a required by the 4
law passed Nav - 1851, By more than the /
requisite number of Cer;ifiers IN each case,
and no remonstrance having been filed (
against the granting of the licenses, and {
nothing made 10 appear TO the Conrt that 1
would warrant u refusal, the license TO each 4
OF the said applicants IS now granted as pray I
ell for, for the period OF one year from this /
date. PER CuRraN.
In the cases Of the rejected applitions the /
opinion of the Court was as follows:
The petitions in each of these cases is in
form and bond approved. except in one case.
The fitness of the applicants aud the houses
applied for, Is conceded. But the necessity
of the license to each of the applicants has
been vigorously assailed. Petitions and adj
ditionai petitions have been fled, as have
also rvnonstrances and supplemental re-
momstrances, all in time under the rules of
Court
The Conrt after full hearing and careful
examination. has carefully considered each
case as presented, and has given thar due re-
gard TO the number and character of the pc
tltiOners for and rem0nstrance against grant
ing license a. bearing on the question of
necessity that being the only issue before
the Court a. required By the Act of Assem-
bly, of 18th Nav 1857, and. having judically
considered the several eases as they would
any other question before them. and not by
the exercise of mere discretion, as under
their oaths they conceive il TO be their duty
under the act OF 1851 they. do now. on the
preponderanee of evidence made by remon-
stranees as viewed in connection with the
petition. aud additional petitions, refuse
each Of said applications
PER CrRIsw
Af;er the license question was disposed of
by the court Wednesday, the argument list
was taken up and most Of the cases on il
were argued and disposed OF Court adj
journed Friday noon TO meet at half-past
one o'clock Monday afternoon to receivive
the reports Of the county Auditors. They
were presente,Eby the Auditors Attorney,
F. J. kooser ESD and were ordered filed
by the court