Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-03-23
SPEAKING THE
PUBLIC MIND
Views of Readers on Liquor License
Remonstrances, Political and Leg
islative Matters and Other
Topics of Timely Interest
0 The Editor Of Ercntna Ledacr:

To the Editor Of Eucntng Ledger:
Slr-One statement in your admirable edi-
torial on the rejection by the License Court of
the 22d Ward liquor license remonstrances
prompts the following comment:
The right of citizens living in the neghbor-
hood of licensed saloon to demonstrate against
the renewal Of the license, solely upon the
ground of lack of necessity, received the sane
ton of the Supreme Court of the State in one
of the earliest of it's decisions, rendered after
the Brooks law went into effect This the
case of Raudenbusch's Petition Vol. 100, Penna.
State Reports page 32S.
In this case, the Philadelphia County License
Court refused to renew Raudenbusch's license,
although no remonstrances of any kind, either
as to character, conduct or necessity. had been
filed in opposition to his application. In sustain
ing the action of the County Court the Supreme
Court said in opinion by Mr.. Justice PaXson,
later Chief Justice;
"The petitioner assumes that he is entitled as
matter of right to license, upon complying
with the provisions of the act of 1887, in the
absence OF any allegation that he is an improper
person to be so licensed This is the fallacy
which underlles his case, as well as the able
argument of his learned counsel. He has no
such absolute right, nor has any other in
this Commonwealth.
1T is an error to suppose that the sole duty
of the court is confined to the inquiry whether
the applicant is citizen of the United States
and OF good moral character, etc. Back
of all this lies the question whether the peti.
toner's house is necessary for the accommoda-
tion of the public and entertainment of strang-
erS ana travellers, ana the plain duty or the
Court of Quarter Sessions, under the act of
Assembly Is to so exercise its discretion as to
restrain rather than increase the sale of liquor.
I'VE do not know how many public houses
there are in the 9th Ward It is not material that
we should We are bound to presume that the
Judges below have ascertaned the number in
judicial manner; that they have In like manner
decided how many are necessary for the public
accommodation
"It thus may happen that licenses are refused
to persons against whom there is possible
al do Tbttai arH
has 100 public houses where only so
qured by the public want, 1t is plain that so
houses must be denied licenses. although every
one of the applicants is a worthy man and keeps
a respectable house
"In order to perform this duty properly the
act of Assembly has provided means by which
the conscience of the court may be informed as
10 the facts; 1t may hear petitions, remon.
strances or witnesses and have doubt
the court may in some instances act of it's own
knowledge"
If the ruling OF the present License Court IN
refusing TO consider the remonstrances filed by
citizens OF the 22d Ward against the renewals
OF any or all existing licenses. on the ground
that the question of necessity was res adjudlcata
(settled) at the time of the original grant, can
be reconciled with the above quoted authority,
at least the ruling is not free from reason
able debate the comment in your editorial
might lead the reader to believe.
WALTER L. SHEPPARD.
Philadelphia, March 22.