Year: 1875

written and filed the following opinion In
regard to the action of the Court in grant
ing licenses to sell liquor under the law
passed by the Legislature at the last ses-
sion:


By the Court We think it is apparent
beyond all question that the primary OBJ
tional sources Of revenue.


1t is clear that the Legislature in enact
ing this law proposed to accomplish two
objects 1st-To regulate the sale of IL
quor by such terms as would largely in
crease the revenues Of the Commonwealth
from this source. 2d-The protection of
the community from the consequences of
the increased power to vend liquor, by eX-
acting new securities from, and imposing
heavier penalties and forfeitures upon, the
vendors of Intoxicating beverages.


This act has greatly limited the discre-
tionary powers of the Court in granting
licenses. Before its passage the only pro-
lection that the public possessed against
the general and indiscriminate sale of Ii
quor was vested in the Courts, exercising
their best judgment in each case.


This Court, since I have presided in it,
and during the tenure Of my immediate
predecessor, granted licenses only in those
cases where public accommodation and bust
ness requirements imperatively demanded
the existence of license. Unless such ne
cessity was clearly shown the license was
refused as Of course.


1t is needless to say that the exercise of
this judicial discretion was the source of
constant difficulty and doubt. Each appli-
can't could readily obtain the certificate of
twelve citizens as to his virtues and fitness,
as well as to the necessity of his house. He
could always exhibit testimony, almost con-
clusively as to the merits of his application;
and be sustained by long petitions, sub
scribed by all local celebrities, and endorsed
by municipal officers The persuasive tones
of the ablest counsel would plead for him
to the bench and Of late the skill of the
artist has been employed to captivate the
judicial eye, and eloquence has been aided
by decorative art.


Over and over again we have resisted
these captivating Establishments, and re-
iected application after application some
times we have yielded and we are satisfied
we have erred III our action at times III
both directions.


But the new legislation has relieved us
from the necessity of exercising this general
discretionary power. We are no longer
the general guardians of the public on the
creation of licenses True it is we are still
the Judges of the personal chartcter of the
applicant for honesty, temperance and gen
eral fitness. We are to determine whether
he has complied with the legal conditions
which are required by law from all appi-
cants but when these facts are established
it is our duty to grant licenses.


This we understand to be the spirit of
this legislation. 1t is not for us to speculate
upon Its consequences, nor Is 1t our pro-
vince either to censure or applaud it. But
it is our duty to administer it in thorough
accordance with its spirit and meaning.
We have therefore determined to grant the
new applications now pending before us, if
the applicants and papers fill the measure
we have indicated.


In thus, under the operation of the act
of 1875, increasing at u single session of
the court the number of licensed liquor es-
Establishments more than fifteen per cent,
and in obedience to this new legislation, de-
parting from the cautious practice of the
court for the past sixteen years, we desire
to utter word of serious warning and
admonition to all who are acting under Ii
censes for the sale Of liquor.
This Court believes that the recent legis-
ton intends to protect the community by
severe punishment and heavy penalties, to
be imposed upon those who violate its pro
visions. A violation of the law now is a
more serious offence than ever before, and
the penalties of the statute in their full
force will inevitably fall upon those who
violate it.


A trust, carefully guarded, is given tc
any who hold license, and its breach viii
be punished with the severity which the
new statute by its spirit, as well as It's let
ter, requires.


We have deemed it proper to reduce
these views to writing, in order that those
who hold license from this Court may
understand their relations to the law, theil
duty to observe it, and the consequences o
their failure to do so.


am authorized by my colleagues to 81.
that this opinion represents their views a
well as my own.