The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-03-28
Licenses as Property.

ApropOs of the bill at Harrisburg
making liquor licenses personal prop
ertv subject as other property to trans
fer, levy ana sale, the Philadelphia
Ledger remarks:
The passage Of such a measure
would be not only against good public
policy, but It might seriously affect
carefully framed legislation under
which the courts exercise discretionary
power as to the persons who shall be
licensed To sell liquor, and as TO the
places where liquors may be sold. \
license to sell liquors is d guarded
privilege attaching to a particular per-
son, who shall exercise it At particu-
lar place, Il privilege which is and
ought to be revOkable at the will of
the licensing power when it appears
that the holder of the license is an un-
fit person or that a licensed house is
no longer demanded for the acCommo-
dation of the public at the place named
in the license certificate. The act in
question apparently proposes to make
liquor license a sort of perpetuity, to
piece of property. - transform il into
tangible right which can be levied
upon and sold. The bill upsets the
theory Of our license legislation from
the foundation of the commonwealth,
and. if enacted. will prove the enter
ing wedge for a series of pernicious
acts TO make liquor licenses practically
irrevoCahle as to the places to which
they We're originally granted"
The illustrations which have been
given in Lackawanna county of the
discretionary power of the license court
have not been of a character to invest
that power with the sanctity which
the Ledger seems to claim for il. Nor
have the needs Of the public been SO
nicely and impartially considered as to
make it q matter Of any special local
concern whether licenses are distribut-
ed by judges or haWked at public auc-
tior. Nc doubt there are localities in
Pennsylvania where the judicial discre-
tion is an appreCiable public safeguard;
but we cannot class Lackawanna
among them. In this county we have
had numerous examples of men getting
licenses after open conviction as law
breakers; We have had licenses grant
ed one year and revoked the next with
conditions identical in each case: and
We have had speakcasies going in full
blast i'm conspicuous locations after the
court had turned down the applications
of their proprietors for licenses. These
are not exceptional but common in
stances, true without regard to the
politics or the personnel of the court.
They merely reflect a prevalent con-
dition
Under these circumstances the Led
ger will understand that it makes
precious little difference in this part Of
the state whether licenses are theor-
| etiCally d guarded or an unguarded
! privilege attaching to particular per-
sons. In fact it is an open question in
| Northeastern Pennsylvania whether il
would not on all accounts be fairer and
! better if the license law were so amend
! ed that every man or woman wanting
! a license could get il, with no questions
| o"N'H' pE SiilliS "PP'1iilS aN q uSslS-
! mated revenue office and producing the
/ price, The United States government
| handles its license business on this inn
/ partial basis and every speak easy pro-
| prietor knows enough not to try to
/ evade the internal revenue office. II
! licenses are for revenue only they
should be open to all comers; and as
| for the laws governing the hours and
conditions Of the sale of liquor, they
! are not enforced any better under the
/ present scheme than they would be in
| a free-for-al