Smyrna times., 1894-04-25
Published by request.
The Fractional Liquor License Law.
FROM PAPER BY MRS. NJ. A. HYN.
SON, AT THE COUNTY CONVEN.
TION OF THE W. C. T. u,
CLAYTON, APRIL 1S.

SONi Al 4dE COUNIH CONVEN.
TIoN OF THE W. C. T. u,
CLAYTON, APRIL Is.
This act was passed by the Legislature
April 8, 1885, signed by Alex. B.
Cooper, President of the Senate. and
William Comegys, Speaker of the
House OF Representatives, known as
the Fractional License Law, supple
mentary to the law regulating the sale
of intoxicating liquor.
The law reads: "If the incoming
tenant of any inn or tavern in this
State not having procured license,
or the outgoing tenant having failed
to procure one, or, having procured
one, shall refuse to transfer the same
for fair consideration to the incom-
ing tenant or occupant of such an inn
or tavern to procure from one of the
associate judges of this State if ap-
proved by him, an order authorizing
the Clerk of the Peace of the county in
which such inn or tavern is located. to
issue a fractional license, upon paw
ment of sum of money in proportion
for the fractional term granted as
compared with the sum required to be
paid Tor one year, to the incoming
tenant or occupant to sell intoxicating
liquors, as provided by law; such frac.
tional license to be good only till the
last day of the court that usually is
sues licenses next after his becoming
tenant or occupant of said inn or tav-
ern; provided that nothing in this Act
shall be construed to apply to any sea-
side or other inns or taVerns that are
only intended to be opened to the pub
lie at periodical season, land provided
further that nothing in this Act shall
be construed to apply to any new
places, or any place, inn or tavern for
which no person has had a license
within one year from the time of an
plicatiOu for fractional license. nor
to any person whose application for a
license has been refused by the court" "
1t is only necessary to read carefully
and analyze this supplemental section
to see that it was written for the pur.
pose of neutralizing the already feeble
law of the State on the subject of the
regulation of the liquor traffic.
1t would seem that all had already
been conceded to the Liquor interest
by people whose rights men in the
liquor business have no disposition to
respect. But what cannot be obtained
fairly is nevertheless secured when the
liquor traffic demands it. But whether
this law was obtained honestly or not.
to the surprise of many close observers
OF the doings of our legislators, and
even, it seems, of some of the legisla-
tors themselves, the Act was found on
the Statute Books when the Legisla-
ture adjourned.
Under the original law the sigma
lures of twelve respectable citizens
and thirty days notice were required, =,
but this Act enables a man to slip in
after the court has adjourned and get
license without any previous publica.
tion or endorsements. The original
law gives citizens the right of remOn-
STRANGE and argument in open court.
put this Act enables a man to appear
before a judge without the citizens
opposed to licensing the man or place,
having any knowledge of his purpose
or time to appear before the Judge.
The sacred right of petition is virtually
ignored by clever trick. An Asso-
ciate Judge who granted a fractional
license to a new man for a house whose
former occupant was refused because
OF the earnest protests of citizens. re-
piled that there were no protests
against this new man and he was
therefore bound to grant him his peti-
tion. But the fact was, the citizens
who were opposed to this man as well
as to his place, had no means of know.
lng OF this application until too late.
The remonstrances against the former
tenant and his home could have no
force now, because the act of 1883 ex.
empted his house, and this act of 1885
changes from the former tenant TO n
new one.
This Fractional License Act so far
takes the question of license out of the
hands OF the court as to give one of
the Associate Judges the right to order
the clerk to issue license that shall
virtually ignore and nullify the decis-
ION OF the court. The new man may
be but the agent to run the same bust
ness on the same line that caused the
rejection Of the former tenant. Thus
q dissenting judge on the bench has
the power to override the action of the |
majority of the judges composing the
court. Or judge who may not know |
Oh the merits Of the case, has the power
when caught on the fly to nulliiy the /
most patient labor of his colleagues.
No such legislation would be tolera.
lea In regard to any other matter. By
MS actthe character of the house Is
passed by and the new mans petition
'nly regarded; though the reputation
y the house, its objectional location
W demoralizing influence, may have
'een The ground upon which the peo.
30 demonstrated, and In view OF which