The gold leaf., 1892-01-07
The Question Of License.

iutimat!on wa. given that no license
would he granted. y special hearing
upon the merit. Of the petitions was
-ct for Tuesday and counsel were en-
pIoved By the saloon keepers. Al the
APPOINTED time the matter came up III
due form. Mr.. \. &. ZollicOticr- at
torrcv for the Board. cited the law and
told the Commissioners that according
to his Interpretation thereof their duty
was plain, aud that whatever their
personal feelings might be on the ques-
ton OF selling liquor it was lcgailzed
business and that if the applicant
proved a GOOD moral character license
could not lie refused. Mr.. f. I. lllch-
spoke against granting license. his con-
struction Of the law being that the
Commissioners had right to exercise
their own Judgment and discretion III
the matter. Rev. T. J. Ogburn, who
was present by request OF one Of the
members Of the Board. also spoke
against favorable consideration Of
the petitions, and with zeal and earnest
ness said that - law Or 30 law If he
were placed i'll the same position he
would refuse to grant license to sell
liquor.
Mcssr=. pittman 4 Shaw appeared
in behalf Of the saloon men and
strongly advocated the observance Of
the law as laid down in the statute
books. Capt. Shaw said he was as
much opposed to the liquor traffic and
abhOrrcd the baneful effects Of whlskey
as greatly as any man, but he had the
highest respect for the law, imperfect
az It may be in some cases, and he was
honest and sincere in his opinion that
the commissioners. sitting a. a court to
pass upon the law and the evidence,
were bound to grant license when he
petitioner should present a good moral
character. He then spoke on the sub
icct Of what constituted Il good moral
character" and The matter was left
with the Commissioners.
Commissioner Purefoy arose and
said he could not conscicntiously vote
to license the sale Of liquor and would
therefore refuse the petition. Commits
siOncr Rogers voted the same way and
the following entry was made upon the
record:
After hearing evidence OF his good
moral character, and argument Of
counsel, it was ordered that applica-
tion be refused on the ground that the
application Of petitioner for license Is
sufficient evidence to this Board Of the
want Of GOOD moral character.
only three members Of the Board
were present. Messrs. Dunn (chairman)
and Fleming being absent Oh account
of sickness. As there was no tie Com
missioner Taylor, acting chairman, had
no voice, but being asked for an eX-
preston Of his views said he was not
iii sympathy with the liquor traffic, and
as an individual was opposed to grant
ing license, but acting i'll Il public
capacity, as County Commissioner.
whose duty it was to execute
the law as it is laid down i'll
the books, he did not think he had
a right to intrude his personal feelings,
and in the absence of evidence to the
contrary believing as he did that it was
the wish Of a majority of the people
that the law in this case be construed
rs it has been heretofore. he would not
hesitate to say he was in favor Of grant
ing license upon evidence Of good moral
character such as had been shown by
applicants whose petitions were then
| under consideration.
But the other gentlemen did not
look at it in this light They had q
| different idea Of what constitutes good
moral character, and their construction
vi ii, if held to be correct. makes the
law out a vain thing. If the fact Of q
mans making application for license
to sell liquor is 49, sufficient evidence of
a want OF good moral character" then
why was such law put on the statute
books: Here is the law as it appears
III the Laws of 1891. Section 50. chap
ter 323:
Every person, company or firm
wishing to sell liquors under this sec
J ZION. except manufacturers. shall apply
! to the board Of county commissioners
for An order to the sheriff to issue
| license. stating the place at which it is
| proposed to conduct the business. The
board Of county commissioners shall.
upon satisfactory evidence Of good
moral character, issue an order to the
sheriff to grant license. except in terri
tory where the sale Of liquors is pro-
hibited by law.
That appears to US to be plain
enough. When a good moral charac-
ter is shown by the applicant the law
says the Commissioners shall grant
him 4 license. Itdoes not say that they
may. iii the exercise of their own pri-
vate feelings or discretion in the matter
DO SO or not as they think proper.
And i'll this case no want of a good
moral character is pleaded save in the
simple fact that the petitioner makes
application for license to sell liquor.
/ ia bad character had been shown.
As the law as it is framed evidently
meant for the protection of society to
some extent at least. then the com
mlssioners would have a right 10 ex-
/ crC!Se their own iudrment as tO the