The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1888-01-20

up from Centralia, reaching here at eleven
o'clock. Judge MeHenry came down on
the j. g. s. road expecting to reach here in
time for court, but an accident to the en-
gne delayed the train and II was four
o'clock when he came into the court. At
two o'clock the voice OF court crier Coff-
man announced that the court was in ses-
sion. As soon as the judges took their
seats II. s. Howell Esq. presented re-
monstrance against granting any licenses
because the publication Of the list Of sp-
plicants in the newspapers was not in ac-
cordance with the law, In that it did not
describe each house particularly; and Le-
cause the rule Of court fixing the third
Monday Of January as the time for hearing
licenses was null and void, being contrary
to the acts of assembly concerning licenses.
Judge Hand over-ruled the motion, on the
ground that II was not filed seven days be
fore-band as required by the rules Of court,
that II was not filed in any particular case;
that the publication was all that the law
required, and that the court had full pow
er to make rule Of court fixing time for
hearing license or TO fix time without
making any rule.
The first case taken up was that OF Geo.
w. Klase, applicant for hotel license in
Berwick. To this, remonstrance had
been filed, setting forth that the license was
not necessary, and that the applicant was a
man of incorporate habits. Three wit
nesses were called by the remonstrants and
six by the applicant. Charles Haas one Of
the bondsmen IN this case asked TO be per-
mitted to withdraw his name from the
bond. The court granted rule to show
cause why he should not be permitted TO
do this.
E. II. Little and Geo. E. Elwell repre-
sented the remonstrants, and Col. Freeze
and G. B. jackson, the applicant
The case of NJ. A. Markle OF the same
place was next heard, G. G. Evans repre-
senting the applicant. To this remon-
STRANGE was also filed. Five witnesses were
heard against, and six for the license. An
objection was made that the place for
which license was asked was not described
with the particularly required by the law,
being described as situated ION the SOUTH
erly side of Front street," but judge Hand
held that this was sufficient in borough.
When the case WIS finished in was six
o'clock. Both cases were held under ad-
visement.
Judge Hand stated his views as follows:
regret that cannot stay till these cases
are disposed of, but am holding court my
self this week, continued all cases to to-
morrow morning. l have expressed to
the associate judges my views Of the law
covert these cases, and l will state now
publicly my view of the law in regard to
the granting of licenses. Some remark
was made that the good people of this
county were discouraged last year by rea-
son of the action of the associate judges,
some remonstraDts thinking that they were
not treated with proper consideration.
think that if members of the bar could sit
at least one day upon the bench, determin-
ing questions between applicants and re-
monstrants, they would find that auch
remark was hardly called for, that it is a
difficult matter to dispose Of these ques-
tions.
A Judge cannot allow his own private
opinion in regard to temperance to affect
him In one way or the other in deciding
these matters; the law lays down a clear
rule for him to follow, as clear as is laid
down to guide him in the disposition of
other cases depending upon oral testimony
and upon petitions and remonstrances.
When an old house seeks relicense, the
presumption of law is in favor of the old
honse, and they who demonstrate against
the granting of its application most clearly
establish that the old house ought not to
be relicensed; they may do this by testi-
the petitioners against the granting of the
license. The court is obliged to take into
account the age of the house (the length of
time for which it has been licensed); and
must weigh the testimony and come to the
best conclusion it can, beaiing In mind
that the presumption in favor of the house
must be rebutted by sufficient testimony
before the application for license will be-
refused.
The resumption is against new house
and the applicant must clearly prove that
the house is necessary and the applicant
ft person having proper accommodations
for the entertainment of the travelling pub
lie; testimony must be confined to these
three points, and may be limited by the
remonstrance itself to one or to two of
these three. Though there be number
Of remonstrances against an old house, the
in Its favor from the length of
time ii has been licensed may sometimes,
taken together with the testimony in favor
of the house, outweigh the remonstrance,
turn the scale and persons sometimes
think that the remonstrance is treated with
contempt, when, if, they would take into
account the weight of the testimony, they
would not come to any such conclusion.
In the case of new application, it Is very
much easier to find that the remonstronce
10 suiuClcut huu W Tllusc luc llCtusc. III
our district, We have some places where
from time immemorial no license has been
granted, because the number and charact-
er of the remonstrants against it have been
such as TO satisfy the court that the applica-
tion for license should be refused. 1t might
be different in the case of an old house,
where the application is sustained by
large number of the inhabitants Of the dis
trict, and persons testify that it is neces-
sary for the village or township, that its
business requires the house to be licensed.
have expressed my views briefly to the
associates here In regard to this case and
will have to leave the disposition of it
with them.
The only legal question that can arise is
in regard to the distinction suggested by
counsel for remonstrants for hotel and an
application for licensei my view is that
there is no difference, People who peti.
ton for hotel understand that they petit
ton for place to accommodate strangers
and travellers with lodging and food and iii
they require it) with intoxicating drinks;
II witnesses testify that hotel is necessary;
they testify that licensed hotel is necessary