The daily morning journal and courier., 1901-07-13
LIQUOR LICENSES.

Suitability of Place Not to be Consid-
 cred When License is Transferred.
 Judge Shumway of the Superior court, Hartford, has handed down an important decision at Bridgeport in the appeal from the ruling of the Fairfield county commissioners on the transfer of the liquor license of one Bracken to l.. F. Nealon
 He supports the action of the county commissioners and makes an important ruling to the effect that in these trans fers the only appeal that can be taken is on the commissioners Judgment as to whether the person who is to have the license is suitable in the meaning of the law. No appeal can be taken on the suitability of the place
 The following Is the full text of the decisions:
 Section 3,071 of the General Statutes provides that fiji case of the death of any person licensed to sell intoxicating liquors, his executor or administrator may with the consent of the county commissioners transfer his license to any other suitable person, but the per- son to whom such transfer is to be made shall make application and pro- cure recommendation and execute bond similar to those required for an original applicant for license.
 Chapter 175 of the Public Acts of 1893, page 319, provides for an appeal by any taxpayer of the town in which the business is to be carried on under the license, who is aggrieved by the action of the county commissioners in granting a license, or in refusing to re- yoke a license There is no provision made for an appeal from the action Of the county commissioners in consenting to the transfer of a license under the provisions of General Statutes section 3,O71. Both parties have treated this appeal as properly taken, probably upon the ground that the transferee stands in the same position as an orig inal applicant for license, at least for the purposes of appeal from the ae- ton of the county commissioners in consenting to the transfer.
 However, the only action of the coun ty commissioners by which the appel lanC IS aRSTleNGu IS lDS toilocit .o 'iii' transfer. The only fact to be found by the commissioners is whether or not the transferee is a suitable person to have a license and this finding of the com missioners is the only one to be re- viewed by the court. The suitability of the place on this appeal Is immaterial only so far as this may be involved in determining the suitability of the per son.
 I find the appellee Nealon is suita- ble person to have license The fact that one Kinsella has the benefits and profits arising from the sale of liquors under this license, does not render Nea- lon an unsuitable person, so long as it does not appear that Kinsella is an un- suitable one There has undoubtedly been change in the sentiment of tho neighborhood since the license was granted to the original licensee, as to the suitability of the place for the aale of intoxicating liquors. If this change has been brought about for any good reason. the commissioners and the court will undoubtedly consider the sentiment of the neighbors and give it weight should there be an applica ton for a license in the same place after this license expires.
 The action of the county commission CTS in consenting to the transfer of this license is affirmed.