The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1891-04-22
WARREN LICENSES.


The question of licenses or no Ii.
censes was settled in the courts at
Warren last Saturday when Judge
Noyes delivered the opinion Of the
Court on the subject. Out of fifty
applications thirty.fve were granted,
the balance being refused. Warren
borough gets ten-three wholesale,
four restaurant, and three hotel. It'd.
ioute was dry before, and is in the
same condition now, both applications
being refused. The Derrick gives a
partial synopsis of Judge Noyes' opin.
ion, and as the question is just now
one Of the interesting topics, we repro.
duce it:
"rhe opinion is an exhaustive one and
reviews thoroughly the question of license.
The act regulating licenses previous to
1887 is stated. The provisions then in
force required the licensee TO be engaged
in some stated business, while in each Ii
cense the kind of liquor to be sold was
specified, 1t is decided by the Court that
the act of 1887 authorizes every ~licensee
by the Court to sell spirituous liquors as
well as malt, and that the Court has no
power to license the keeping of a hotel or
eating house, but that the sale of liquor in
less quantities than one quart is unlawful
by hotels, etc, unless a license under the
second and third sections is taken out, and
these sections apply not alone to hotels,
but to any other house, room or place.
This ruling is given in view of the fact
that certain applications had been protest.
ed on The ground that the requisites of a
hotel had not been met.
at is further ruled that while the char
acter of an applicant should be set forth
on his papers, it would be unjust to reject
an application because of this omission,
when the character of the applicant is not
assailed and is personally known to some
member of the Court.
GAS to the necessity of a license in a
given case, the Court holds that its discre-
ton is to be exercised, not in an arbitrary
and wllful, but a judicial manner, as other
questions are determined on. The Court
must take the petitions and remonstrances
as evidence, giving due weight to the
character of the signers as well as the
number, and weighing equally such other
evidence as may be presented, with facts
that may be in the possession of the Court.
The Court holds that it must judge the
fair preponderance of evidence. 1t is held
to be the duty of the Court to grant licenses
when all the requirements of the law may
be made to appear, and a general remon-
STRANGE protesting against all license be-
cause the signers think the law an iniqui-
tous one, has but little weight as against
such fulfllment of prerequisites and
where a reasonable necessity is shown.
at is held by the Court that a reasonable
necessity is not an absolute, but a special
one. That Indispensable as a definition
would render the law prohibitive, as it is
held that a case cannot be conceived in
which license is indispensable. 1t is the
view of the Court that necessity within
tho meaning of the law is covered by the
phrase necessary for the accommodation
of the public or a portion thereof. That
if a portion of the public is accustomed &c
the use of liquors, such persons are not
accommodated unless licenses are granted,
in such numbers aud TO such persons as
may seem necessary upon a preponder,
ance of evidence, similar in character tc
that stated above, for the accommodation
Of the persons who are accustomed to the
use of liquor.
1.-THE Court states that it has no alterna-
tive but to administer the law as it is
found upon the statute books, and without
reference to its personal belief on the
matter.
sin closing, Judge Noyes refers to the
number of private letters that have been
sent to him in his private capacity, urging
his action for or against license, and states
that he considers the sending of such let
tiers a grave offence, and while he makes
allowance for the deep feeling and pure
motives of the senders, he gives notice
that any such efforts in the future, will
not be held privileged or confidential"