Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-05-16

~ 3 reduction " the retail licenses be-
~ the sharply decreased number gram
Ia year ago, hut also contraction in
~ number of wholesale licenses. The
RRwest concern that has been refused
Wholesale license Is the Prospect brew
'&ry. for which the English syndicate,
'ohnt has been purchasing 40 many OF
Cur breweries lately, Is said to have
offered $850,0OO, conditioned upon the
1efeat of the prohibition amendment.
IL was not contemplated that the Phila-
oelphia license court might prove as de-
structive to the value of the brewery
property, as the will Of the people
directly expressed at the polls.
And II h q startling thing to find that
Judges, sitting as license board, have
such arbitrary power to destroy great
values. When these men secured the
destruction of the value Of tavern stand,
and confiscated the property of citizens
on . comparatively small scale, II made
{ ue wonder, perhaps, that such things
could he in this free country, where the
rights Of property are supposed to be
n respected hut there was not big enough
loss In any one place to attract very great
n 0NttutlOu iIVut DeVBiV Nhp "N't b''
the Judges victims. When, however,
property is destroyed by the million
dollars worth, there is likely to I've enough
In the matter to make the general public
think.
We are not advised by the gentleman
who condemned the Prospect Brewing
company's property as to the reasons
which moved them to its destruction
! but we believe that the company had
i engaged I'm the manufacture Of n bcver-
& age containing very small percentage
Of alcohol, and we understand that the
4 Judges considered that the license they
+ had received from the court had been
\ abused. However this may he, we will
xt lea t give the court credit for believ-
ing that the brewing company had not
observed its license, and consider that
they had this justification for refusing to
renew II. But while this may serve to
show that the brewing company de-
! served its punishment, II does not re-
move the objection to reposing so great
power In the court, or modify the shock
\ TO the fundamental idea Of the govern
! ment, which protects property with trial
by Jury. rrns !: is, that-s court may
INN Doss,.niies but these are regulated
( by law as to their maximum.
We object to the deprivation Of n IL
!; cSHse at the discretion Of a.court, that II
h m arbitrary power unfit to be conf
Il ded to that tribunal, under the genius of
our institutions. However wisely II may
h be exercised IL is apt To be abused.
IS Judges IA body do not have better conf
mon sense, or higher devotion to right,
than has the average citizen and there
\. Ii no good reason why their honor and
D discretion should I've more fully contided
q In; as we think the experience of the
Philadelphia people with the Philadcl-
phia court, in the matter of licenses,
! plainly shows.
These judges have exercised the right
& to refuse two-thirds Of the licenses asked
Y for I'm Philadelphia, under a law which
imposed high license fee rs the means
Of restricting licenses. II gave them n
discretion as to who was III To lie Ii
eensed and this discretion they have
abused into license TO cut down the
number Of saloons, not by the weight Of
the fee, but by arbitrary refusal to IL
sxten e men of good character who were
b ready to pay the high fee. So that in
stead OF high license, 1t has become a
low license in Philadelphia the profit Of
the restricted number of saloons being
such, II IL said, as to enable some
successful applicants to pay 5000
- an attorney fee To their lawyers, or
ten times as much as the license fee
The judges action has made the busi-
& al, IN, ri
licenses II has deprived the city treasury
OF large income ; and il has destroyed
the property of unsuccessful applicants.
The law as administered has worked
great loss Of property to some and
i great gain to others and we contend
that the discretionary power which the
supreme court has declared to he in
vested In the common pleas judges in
granting licenses, Is very dangerous
and undemocratic one; and that the
true doctrine of high license requires
license to be granted to every applicant
8 who enjoys the reputation of good
I character, and the fixing of the fee by
the Legislature high enough to serve as
. proper governor of the number and re-
: spectability Of the saloons.
w ncn tnc IuuptS unutFtdkt
claim discretion over the granting of
wholesale licenses, similar to that which
they have taken over retail licenses,
they clearly develop the disposition
they have to consider themselves law
makers and to usurp power for the
s law has not heretofore been supposed
to cOnfide to their discretion the
n granting of wholesale licenses aud the
bowling out Of breweries. 1t seems that
With such vast power exercised by the
Judges, the people Of the state may spare
ohemselves the trouble Of holding pro-
Aibitory election. Ali they need 10 look
eter, If they want prohibition, is to
set prohibitory judges. The discretion
vhlch the present laws confide to them,
nder their own Interpretation Of them,
Xlu sufiice to refuse all licenses, save per-
chance one, for seed; and any county that
g Qan elect prohibition judge has all the
Es advantage of local option, without more
nfs about It certainly under this
Interpretation Of the unrestrained power
- the judges, it would seem TO be the
pan OF prudence i'm our English cousins
e. - carry their money back over the big
water and trust none of il upon the
ehance Of the favor of Philadelphia
judges.
81 Past, Preseat and Preachers.
~ . Methodist conference in Mime