Montour American. (Danville, Pa.) 1866-1920, 1907-04-11
LIQUOR license
TRANSFERRED

The application of James Ryan for a
transfer of hotel license from his pres
ent stand to the northeast corner of
! Mill and Centre streets has been grant
ed by the court. The case, however, as
will be seen, possesses some features
that make it unique while the way is
open for an appeal.
/ Pursuant to adjournment Wednesday
when the hearing on the transfer was
/ held court convened Saturday morning
at 10 o'clock with his Honor Judge
Evans and Associates Blee and We'll
! liver on the bench. Judge Evans i'm
mediately announced that in re hotel
license to James Ryan the application
for transfer had been granted by the
associate judges AS for himself as
president judge he would file a dis
senting opinion. The papers authoriz-
| ing the transfer, signed by L. W. We'll
liver and Frank G.. Blee, associates,
were returned to the prothonotary, af
ter which Judge Evans proceeded to
present his opinion.
DISSENTING OPINION.
After reviewing the specific OBJ
! jections urged against the transfer of
license to the northeast corner of Mill
and Centre streets the opinion set
| forth that section of the act of May
J 70 re Of
ward, borough or township the same
right to remOnstrate against trans
fer as against applications for original
licenses. Where the Temonstrance is
numerously signed by residents of tue
neighborhood the transfer will be re-
fused-Hess &5 Valentine Liquor Laws
of Penna. 80.
Judge Scott in speaking of an ap-
plication to transfer a retail liquor Ii
cense uses this language: The judges
have no right to legalize the existence
of that which those living in the i'm
mediate neighborhood regard as so OBJ
| jectionable, for the benefit of one man
but apparent injury of many others y
Kellar's petition Dist r. 34O
- The granting of the transfer rests
in the discretion of the court. 1t will
be refused where opposed by most of
the residents of the neighborhood.
Hess e. Valentine Liquor Laws of
Penna 90
"In this case for the transfer we
have the petition of James Ryan ac-
companied by Certificate of twenty-five
electors of the Third ward urging the
| court to grant the transfer. On the
other hand fifty eight residents, living
in the neighhorhood of the place to
which it is proposed to transferr the Ii
cense demonstrate and protest against
the granting of the transfer.
1.-The burden is upon the petitioner
to prove affirmatively that the place to
which he desires to have his license
| transferred is necessary for the ac
commodation of the public and the en-
tertainment of strangers and travellers.
| On behalf of the remonstrants the tes
timony offered tended to prove that the
place asked TO be licensed is not neces-
sary. In addition thereto the remon-
strauts offered affirmative evidence that
if the proposed transfer is granted it
/ will cause depreciation of the value
of property in the neighborhood and
in the rental value thereof and that it
would be a source of annoyance as
we'll as injurious to the morals of the
neighborhood.
"With the exception of the petition
er, five witnesses were called on eth
er side. Assuming, therefore, that the
testimony was evenly divided upon the
question of necessity the application
should be refused for the reason that
the burden is upon the petitioner. In
addition thereto | am of the opinion
that the remonstrants established by
affirmative evidence, that, if the trans
fer is made, property values and rent
al values will depreciate in the neigh
borhood and that it would likewise be
source of annoyance and discomfort,
as we'll as injurious to the morals of
the neighborhood To grant the petit
tion the evidence must be disregarded
arbitrarily. In my opinion this petit
tion should be unhesitatingly denied.
CHARLES G. EVANS, P. J.
April 8, 1907.
Immediately after Judge Evans had
ceased Hon. H. NJ. Hinckley, counsel
for the remonstrants, moved that ex-
ceptions be noted to the granting of
the transfer and bill be sealed. The
motion was granted by the court and
the exceptions were noted as asked
for
Captured OH Train.