Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1890-08-29
From the Spirit OF Jefferson.l
COMMUNICATED.


as admitting or consenting to the statement
made by q moral bully under the head OF
"Reedism in Jefferson" made In the recent
issue OF the Advocate, In regard TO the action
of the County Court in the matter OF the pc
titioners to revoke the license Of Mr.. Hart at
Summit PoiLt to keep saloon, would peg
leave TO request you TO rubbish the IoiloWlns:
AT the last Circuit Court these petltloheIs
failed to induce the grand jury to hnd an In
d.ctment against Mr.. Hart for violating MS
license. The grand jury Is supposed 10 DC
composed Of good and true ,dr men shT Tben
they 20 TO the County Court and there 1ail'
and now this moral bully In an article pup
lished by the AdrOcdte, which SHOWS MIN 10
he one OF that cosby, tattling, scandalizing
and libeling class 30 disgusting to all good
men, appeals TO the pubic In q Iorm anu
manner which not only indicates an utter
want OF good breeding but also want OF iair
10 be controlled by spite, hate, vlnalctlve,
ness and all uncharitableness: God lorDld
that such man should ever DC Juage e.
of mine. For selling intoxicating drinks 10
minors to any one on Sunday, 10 one lnto1-
icated, &C., the law declares IL mlsuetnean,
or, punishable by imprisonment IN jail, ana
iIes the penalty at not less than go and not
more than 500. II the Legislature lntenueu
that violation OF license laws In cases ia
grant should be considered COCA cause LOT re-
yoking the license, why did 1t not say that Tor
selling to minor TO one intoxicated ana 10
any one on sunday. the license shouiu De tPso
JactO, and, by operation OF law, lorlelteu1 Oh
the contrary, II fixes the penalty AT sne min
irnum of $50 and the maximum or SlVO, ana
directs how to proceed TO enforce the penal
". The Court represents the sense Vi Jtt'-
tice and fair play OF the people OF the coun-
ty and would be unworthy OF their position
II il could be led away from just ana proper
course by heated and angry petitions or ieeo
attorneys however respectable anu worthy.
The penalty for either OF the ABOVE oHenses
IL i'm prison ment in jail and fine OF not less
than SlOQ as is fixed by law. Now see what
would be the effect, the heavy penalty on Mr..
Hart, If the Court had revoked ms license.
He has already paid $3.50 license tax, has
rented a house and saloon, put In MIXTURES
and laid in his stock, all OF which might
amount TO $500 or $1,000, most OF Whlch ne
would have not had, had his license Oeen re-
called. The Court thought IL was too heavy
a punishment and more than the law con-
templated. The object OF the petitioners IL
unprecedented and more nke , ~ nee Gdnniy
Court I have never known license re-
yoked in West Virginia or old Virginia lot
either of the offenses above, ana the CourI
of Jefferson cannot be bull-dozed and villined
into violating all precedent, as did Reed In
Congress- and forced TO revoke license Wnen
the statute provides ample penalties ior the
violations OF the same Our Court Oh Appet ,,i
has lately decided that where statute I'M
poses penalties upon persons Ior nature W
comply with It's provisions, such pehaItiee
are deemed exclusive of any other PeaGt ~
its nature or character. Where tEe Lesisia-
ture does not expressly declare that license
shall be void for failure TO comply with the
statute the Courts will refuse 10 imply sucn
a result unless II be necessary TO attalh Inc
primary object Of the statute. Now any
thoughtful man can see that IL was not tne
primary purpose OF the Legislature TN passr
ing the penal statutes touching VIOLATIONS ms, "
the license law to render the license Vold,
for the Legislature has expressly proViueu
lesser penalties, as have cited above. ~ ID
true that Mr.. Hart let the wife OF the gentie-
man who drew up, presented and pressed the
haf IA .Ct
so OF whiskey ON Sunday Tor her nttle Doy
who was crazy with an acute ana raging
toothache. l thought that was neishoolly'
charitable and pardonable, ana no more VI
olation of the spirit OF the law than taking an
OK out OF a pit on Sunday was violation Oh
the gospels and the law. A human being u
OK. at least. He also let a man have glass OF
beer Now these were the only admitted ana
proven offenses against Mr.. Hart. Inc court
was not satisfied that he Kept Il uisoruerly
and Indecent house. Nor dld the court pe
1--we that Mr. Hart sold whisKey TO haDltual
drunkards. AS to selling TO a minor, IL APP
peared in evidence that Mr.. Hart refused at
frst 10 sell to him, but the boy aIlrheu Una.
he was OF age and when IT was suDstantlated
nv the bystanders, he let him have drink.
The law authorizes the Court 10 revoke II IL
ceuse for good cause only, and IL is dlscrellon-
ary with the Court entirely 10 10 30 vi not.
In this case which il b. no means Migrant,
the Court deemed the revocation OF the IL.
ceuse not commensurate win the oHense, anu
therefore with honest CONVICTIONS anu tile
courage that belongs To honest convictions,
refused the prayer OF the petitioners and thus
nut themselves under their hottest dtspieas-
ure, and for what? Certainly not lor gam or
votes 1t twas simply TO doJustlce 10 MT. mart,
who IL he does sell liquor, is emitted 10 lne
lust protection of the Courts as any other CIT
iZen against cruel and excessive punishment.
Their decision may be TO the Greek anu the
ovarwise foolish ness but To him OF common
sense and an honest neart II must commend
itself. 1t is no new thing TO denounce courts,
grand and petty jurles for DOING otherWIse
Imam was expected and desired by the care
less and irresponsible lookers-on. Inc Cir
cult Court W III soon be in session, when those
who feel aggrieved will have an opportunity
to indict and try Mr.. Hart Dy JuLy VI .n ne
county according TO law and the evidence In
such cases provided. . mn,
Good cause. What is good cause? Ihat
question was asked OF the attorney OF the Pc
titioners and his reply was that the breach
of any OF the conditions was u good cause 10
revoke the license. The court IN view OF the
penalties prescribed by the statute Tor THESE
offences, and knowing that courts Oh equity
frown upon forfeitures and the like. did not
concur with the attorney. Old Snylock ue-
manded the forfeiture OF the pound OF nesh
next he heart. but he forgot that tnere were
than those impelling him TO his cruel ana
uncharitable demand. For good cause the
Court may revoke the license. No one ever
denied that, aud the farnerS hatGoase rs is
fighting man Of straw and misleading the
pubIic by his reference to Capt. Baylor, the
attorney for the petitioners, and +: W, Brown,
the prosecuting attorney, as authoritles on
his side. Who was II that by MS ABILITY us
LAWYER that one Beck, dehed these petition
ers for many years and run saloon at SUM
nit Point? Capt. Baylor! say good LOT the
Captain He is a lawyerand serves ms clients
we'll as is his duty, and, Will add, his pleas
ure aIways 10 do AS to the Prosecuting AT
torney he was not before the Court as lts Oh
ficIal adviser, being, ut the time, absen from
the state II he is TO be thrown In as make
weight against the Court by the FARMERS Az
rOcdte he can hardly refuse, at the instance
OF the Court, when IT Is rudely assauiteu, W
come ont and Say whether under the circum-
stances he could have and would nave au-
yised the Court to have done otherwise than
IL did. ask him for his views In the matter,
| will state what the Court deems Sood
ca use" for revoking license. Flrst-Io op-
tain license, the party applying must sat-
isfv the Court that he is not OF lntemperate
habits and that must be entered OF record.
Now II he becomes incorporate afterwards
and of bad moral character, That would be
good cause" to revoke IL, II ne snoulu
keen n noisy drunken house habitually day
and night, that would be good cause 10 III
teryene. II he should keep his par open on
sunday as on week days, selling 10 any ana
eyeryone in defiance OF law, pubic opinion
and good morals, that would be good cause"
And 30 n his bondsman should leave the
State or become bankrupt so that nothing
could be recovered on 1t In suit on prosecu"
ton. that would be good cause to revoke the
license not however, until being ruleu 10
give a new bond he failed to do SO. Now
these are what the Courts puts forth as the
"intelligent convictions" and views that
guided ii in it's action. 1t must not De lot
gotten that the drunkenness complained OF
by the petitioners was on primary election
day-not an unusual thing, by the way,
wherever John Bull or Brother Jonathan
goes forth on day OF election TO serve their
Country and battle for the right. II appeared