VoL. LXXXIV. |
Sell Liquor,
The applicants for liquor license in
Mifflin county, through their attor- |
opinion setting forth the reason or|
reasons why the licenses were refused, |
the court filed the frllowing reasons |
for refusing the licenses :
Judge Woods in his opinion upon |
the license cases, saya: ‘ The reasons
of the court for the refusal of the sev-|
eral licenses are embodied in the de-|
gree as endorsed on each application |
and the Court being satisfied from
the petitioners and remonstrants
that the necessity for a license had not
been established, refused the licenses.
At the argument the counsel for these
applicants laid great stress upon the
opinion of Judge Agnew, who was re-
ferred to frequently as a temperance
judge. Judge Agnew determined the
cases which were before him in the
light of the law as it then stood. The
people, realizing and knowing the
harmful effects of liquors, succeeded
in having the Legislature pass the Act
of 1887, known as the Brooks High
License Law, which changed the law
gs construed by Judge Agnew so as to
separate and divorce the license from |
the hotel aud throwing the burden of
the necessity of the license and not the
necessity of the hotel on the people ot
the district and making it incumbent
on the residents of the borough, ward
or towopehip to inform the Court that
a license was not necessary. The fact
that the place is necessary either as a
botel or as an eating house for the
public accommodation does not neces-
sarily and under all circumstances
compel the conclusion that a license
to the applicant to sell intoxicating
liquors by retail is necessary. In other
words not every place that may be
necessary 8s a hotel or as an eating
house or public accommodation is en- |
titled as a matter of right to be li-
censed to sell liquor if the other statu-
tory requirements are complied with.
“ The act of sssembly confines the
patitioners and remoanstrants to the
district in which the applicant resides.
The Court shall hear petitions from
residents of the ward, borough or
township, in addition to that of the
applicant, in favor of and remon-|
strance against the application for]
gaid license, and in all cases shall re- |
fase the same, whenever in the opia-|
ion of the court having due regard to |
the number and character of the]
petitioners for and against such ap-|
plications, such license { not hotel but
such license ) is not necessary.
“The third section vestg the Court
with discretionary power in the grant.
ing or refusing of license. Bach li-
censes may be granted, etc, says the |
law. While all other provisions are
mandatory, from these words we see
that discretionary power to grant is
lodged in the Court, of the necessity |
and not on the traveling public, and |
i
we can very readily see the reason ;|
because the locality is interested in the
sale of intoxicating liquors and know
the harmful effect of promiscuous |
sales in each locality. It is to the|
local people, the petitioners for and |
remonstrants against that the Court
must look to for information. There |
is no co-ordinate branch of our govern- |
ment which comes 80 close to the
people aa the district court and it is for
these courts to administer the laws
affzcting the peoples in the localities
over which they preside, in such a
way as to bring about the best results
for the people generally, gulded by
certain rules acd regulations as we
find them in the law regulating the
conduct and sctious of the people and
as laid down by the appeliate courts.
We dare not stifle the will of the
people, when we know what it is, jast
because we are in a position to do so.
As dean Kirchway of Columbia Law
Behool in his address before the!
American Bar Association in speaking |
of the courts said : ‘They will receive |
and they will deserve respect so long
as the law which they lay down fa the
expression of the public will, and no
longer.’ This is ali we deem it neces.
sary tosay on this motion.”
i
:
}
»
Three hundred and teventy drink
fog places, including sil the hotels,
saloons and breweries in Lawrence
county, were closed by Judge William
E. Porter. It was a demonstration
that under the present license law,
with straight judicial interpretation,
the people can have local option,
JUDGE PORTER'S VIEW,
~ Judge Porter, after reviewing the
pumber signing remonstrances, said ;
“ In making application for retail
license, it Is a general practice, ale
though not absolutely necessary, to
show that the hotel or restaurant, ss a
place where food and lodgiogs may be
it is necessary that the landlord be
permitted to sell liquor for the accom-
modation of the public and the enter-
tainment of strangers or travelers,
But it does not follow that because a
hotel or restaurant as such Is neces-
sary that a license to sell liquors is
necessary.’’
NECESSITY NOT SHOWN.
“ By some it is contended that if
it appears to the court that a hotel or
restaurant, as a place where food and
| lodging may be obtained, is necessary,
| then it follows, as 8 matter of course,
| that a license is necessary ; but this
| view of the law is not suatained by our
| appellate courts, In other words, not
| every place that may be necessary as a
| hotel or as an eating house for public
accommodation is entitled ss a matter
of right to be licensed to sell liquor if
| the other statutory requirements are
complied with.”
The judge continued :
“The primary question the court
must decide is whether a license is
necessary for the accommodation of
the public and the entertainment of
travelers,
“ Turniog to specific remonstrances,
we must consider them as provided by
law, It being the purpose of the acts
of assembly to restrain and regulate
the sale of intoxicating liquors, this
object should not be overlooked,
* The legislature has, in considers.
tion of certain fees, given certain
classes of persons the exclusive privi.
leges of selling intoxicating liquors ;
or, in other words, it has given them
a monopoly of the business—not
as a matter of right, but for the pur-
pose of restraining and regulating
sales,
* When a petition for a license to sell
liquor is presented to court, the ap-
plicant does not appear as a litigant
demanding a right, but as one seeking
a favor or a privilege.”
DROUGHT HITS BEDFORD ALSO,
All liquor license applicants in Bed-
ford county were refused except the
Bedford Bprings Hotel in an opinion
filed by Judge Joseph M. Woods,
There were twenty-five spplicants last
year and but seven licenses granted.
His action virtually makes the county
‘“ dry,” as the Spriogs Hotel will sell
only to guests and is open only about
four months. Tonis is the second
county in Wood's judicial district to
be “dry,” Mifflin baving had no
license for past two years.
. The Mooss Club, composed of four
hundred and fifty members of the
Batler Lodge, Loyal Order of the
Moose, at Butler, many of them
prominent citizens, was found guilty
by a jury in quarter sessions court on
the charge of selling liquor without
a license and furnishing liquor on
Sunday.
R. J. Kleeman, a councilman, is
president of the club, and Charles R.
Watson, socretary of the Western
Pennsylvania Oil Men's Association,
is secretary -treasurer,
The prosecution introduced evi
dence aimed to show that the club
was organiz-d to furnish lquor to its
members and that liquor was sold to
them at a profit. The club officers, in
defense, declared the profits on liquor
was in lien of membership fees and
dues, The club owns a house worth
$20,000.
Having been refused a license last
week, two hotels, the Park, of Butler,
worth $40,000, and the Hotel Tredur,
of Baxonburg, worth $50,000, were
closed by the sheriff following action
of creditors. The liabilities of each
are near $5000.
A — A A—
Will Elect Judge in 1913,
The following is reprinted from the
Keystone Gazette, and is published
because of the reference made to the
Republican county chairmanship, the
contestants being H. 0. Quigley, Esq,
and Sheriff W. E. Hurley.
It has finally been decided by opin.
ions which must be sccepted as su-
thority, that Centre county will elect
a Judge of our courts, to sucoeed
Judge Orvis, the present incumbent,
in 1913. As there are only two years
ahead the aspirants for the position
are already laylog wires for the great
event, and “ every little movement
hes a meaning of its own. ”’ It Is une
derstood that Judge Orvis will be a
candidate to succeed himeelf, while so
far as the Bepublicans are concerned
they are all at sea—though some are
eagerly scrutinizing thelr compass to
fiud out which way the land lays;
and the pending Republican chair
manship contest, which may look in.
nocent to a man up a tree, Is believed
to have a very decided bearing on
thie lssue,
IAI ATA.
obtained, is necessary, and then that
Time to vow clover seed, and do not
wpe it. :
TWENTY THOUSAND DIOTION ARIES
Distributed by the Plttsbarg Post in Twin.
ty-five Days—Is a Wonderful Book
The most gigantic enterprise ever
known in the advertising and book
world has taken place in the past five
weeks in the presentation of Webster's
new illustrated dictionary by the
Pittsburg * Post.” More than twenty
thousand have gone out and not one is
unsatisfactory.
Prof. J. M. Berker, one of the best
educators of Pittsburgh, who has al-
ways been in the fizht for school re-
form, and is at present in charge of
the Liberty, Osceola, Bhakespeare and
Friendship public schools, says of the
* Post ”’ dictionary :
‘“ For the school desk, the home
library or the business office, it is the
most usable edition, in my judgment,
of all the Websters yet published, I
like it for its plain, clear type, simpli-
fied pronunciation, common sense
definitions, historical and literary
data, and especially for the complete
population statistics of the 19!h cen-
sus, I have no doubt that it wil' be
Just what its compliers claim for it—
meet the popular demand for a con-
venient and reliable dictionary.”
“I want to thank you and to com-
mend your efforts in bringing this ex-
cellent little help to good English
before the general public.”
Anything the Pittsburg ** Post”
does is right and the Reporter com-
mends this dictionary to its readers,
The expense bonus of it barely pays
for the paper, printing and binding.
Read the details concerning this re
markable book in the morning
“ Post '’ or better still, write to the
** Post about it.
—————— YS ————————
Why They Kick,
The National Stockman has this to
say on reciprocity :
The great metropolitan journals
which appeal to the public to support
the reciprocity agreement base their
arguments on the statement that ad-
mission of Canadian products will
tend to reduce the cost of living.
Out in the country we are told that it
will not affect prices of our products,
Becretary Wilson, who continues to
misrepresent the farmers of the coun-
try in the President's cabinet, thinks
farmers will even up by the round-
about way of protecting the other fel
lows so Lhey can get money to buy the
farmer's products. The American
farmer is getting weary of such twad-
die as this, and he is going to to let
somebody know it before many moons,
He should rise up and swat this and
any other proposition which deals un.
fairly with bim a blow that will put
it to sleep forever, Once more let us
add that farmers are not opposed to
tariff revision on the level. They are
not opposed to reciprocity on the
level, in fact they would weicome
closer trade relations wilh Canada,
But they are opposed to the decided
slant in the present and other pro-
posed tariff deals whereby the things
they raise are hit and things they buy
are not, They demand equitable tarif!
revision whether by treaty, by agree-
ment or by readjustment.
EE —————— A ————————
Transfers of Heal Estate.
Eliza H. Bpencer et al to J. T.
Lucas, January 8, 1905, tract of land
in Boow Bhos twp. $1580,
Thomas Foster et al to Barah Meese
ot al, April 11, 1908, tract of lsnd in
State College, $400,
Rebekah Lynn etal to W. T, Lynn
et al, August 4, 1910, tractof land in
Rush twp. $1800,
Daniel Buck et al to W., A. Mor.
rison et al, December 22, 1910, tract of
land in Union twp. $2500.
Howard Canning company to W. H.
Thompson, December 17, 1010, tract of
land in Howard twp, $150,
Christine Fravel to J. R. Rauner,
Beptember 21, 1905, tract of land in
Esgleville. $20.
G. R. Ohl, et ux to Walker town-
ship School Board, February 1, 1011,
tract of land in Walker twp, $200,
Temple C. Bmith to Elmer Peters et
al January 30, 1911, tract of land in
Liberty twp. $1000.
John C. Rossman et ux to B, H.
Emerick, January 7, 1911, tract of
land in Potter twp. $1000, 4
W. E. Hurley, Bheriff, to J. B.
Kats, March 2, 1911, tract of land in
Philipsburg. $115,
Calvin C. Huss February 14, 1911,
tract of land in Gregg twp. $1.
W. E. Hurley, Bheriff, to Genser
Manufacturing company, March @,
1911, tract of land in Rush twp. $450,
W. E. Hurley, Sherifl, to Thomas
J. Lee trustees, March 6, 1911, tract of
Isnd io Philipsburg, $500,
Israel Weaver's exrs to J. J. Fiedler,
December 7, 1909, tract of land in
Healoes twp, $196
Jeremiah Boavely ot ux to Amelia
's oxr, September 23, 1010, tract
ava 9360,
Patrick
LETTERS FROM LUBWRIBERS,
Reporter Sub:cribsrs Correspondent Col.
umuo-—Now Depariment.
BurrerrieLn, Minn,
Dear Editor Reporter :
We are having epring out here.
The frost is all out of the ground, and
farmers are plowing and dragging. It
was real cold the beginning of Janu-
ary, but since then we have had nice
winter weather, not much snow and
no rain. The first thunder storm
went around this section, and if there
is any thing io the old belief that all
rains follow the first thunder storms,
we will have another dry summer,
Farms are changing hands every
day. A good many farms sare bought
by persons who are speculating in
land. The farmers are not making
much more than a living on a quarter
section. There is much quack grass,
and where this grows nothing else
does. We always have plenty of wind
and some to spare.
Mrs JoHN GEARHART.
March 17, 1911,
The Horse.
Because a first-class horse sells for
276 and a first-class cow for $65 some
people would have us believe that
these animals are selling too high,
when the tru h is that for so long a
time the horee and cow were euld at =»
lose that now when remunerative
prices are received the farmer even is
punching himself to see whether or
not he is dreamiog. The general pnb-
lic only speaks of a horse when he
passes at the highest price. No men.
tion is made of the iarge per cent. of
horses that pass for less than one.
hundred and fifty doliare, sold at lees
than cost of production, The farmer
has so long been obliged to sell the
products of the farm, his cattle, sheep
and hogs at & figure representing cost
and less, that every one now, that
conditions are changed, aud sales
bring a decent profit, every smarty in
country, wants to make it appear that
* prices are too high.” There is not a
manufacturer, in any line, who would
build a piece of machinery that sold
for $275, on the meager margin the
farmer sells the $275 horse. The
horseman hae s lot of inferior animals
todispose of, but with the manufacturer
it is different—his product is uniform.
To some degree the farmer can produce
8 more uniform type and quality of
horses and cattle, but not at all to the
extent the manufacturer can produce
Wares,
What margin has the horseman who
aeils a four-year-old horse at $275, as-
suming bis investment in the dam to
be $275 and the service fee of the stal-
lion to be §25 7 Tals question is put to
the farmer and horseman, sod if a de-
tailed statement is made and publish-
ed, a year's subscription to the Report-
er will be allowed. Communications
must bear the suthor's name, and will
be published with the statement,
AN AE i ————
Dramatic KEatertainment,
The Pleasant Gap Social Cldib will
present the play ** Jayville Junction,”
Saturday evening, Masich 25th, in
Noll’'s Hall. The admission is ten
and twenty cents, and the proceeds
will be added to the funds for the
building of & new Lutheran church.
The cast of characters follow :
Charley Grab, Ticket Agent, Roy Coldron
Will Bawl, Train Caller, Harry Bilger
Smash A. Trunk, Baggageman, Edward Wolf
Rastus, Darkey Character, George Wise
Tommy, the Boy That Wishes, Roy Uhl
Samp. L. Case, the Drummer, Prol. Samael
Wilson
Booth N. Barrett, the Actor, Roy Keller
Gus Hamburg, the Gorman, John Herman
Dooriock Bones, the Detective, Joe L. Gehret
Willie Ra-ha, College Sport, Ward Showers
Reuben Hay, Farmer from Away Back, Rollen
ghuey
Happy Happen, the Tramp, Freemont Hile
Mr. Spoon A. While, George Wise
Georgle, Mamma’'s Boy, Fred Lose
Mm, P, Runa, Georgie's Mamma, Mrs, Mary
Ishler
Mis, Ocalliban, Irish Scrub Woman, Ms. Jolin
T. Noll
Tillie Tung, Village Gossip, Mrs. Nora Ecken-
roth
Samanthy Hay, Reuben's wife
Houser
Lima Light, the Actress, Freeda Weaver
Catrie Bunn, the Lunch Counter Girl, Helen
Brooks
Sophie, Lacy, Good-bye Girls, Emma J. Eoken-
roth, Twila Hile
Bessie, Tessie, Gigglers, Bertha Rimmey, Edna
Wolt
Mm. Bpoon A. While, Mme, John T, Noll
Muizy, Daisy, Ella, Bells, Flom, Dor, College
Girls, Madge Noll, Anna Rimmey, Emeline Noll,
Mrs, Lorena Bliger, Sallie Johnston, Alta Zim.
merman
Stage Managers, Otls Hile and Levi Miller.
Prompter, Mrs. Otis Hile,
Organist, Mm. Clara Garbrick,
# AIA —————.
The reversible riding plow can only
be fully appreciated when in actual
use. To plow with the Byracuse or
Oliver for one day will convince any
one that the reversible riding plow
plows different—because it plows bet.
ter—from the hand plow. You
can plow stony ground with
these plows all day long without
worrying yourself or your horses nearly
Mm. Alice
and 8. KE. Weber,
1911.
Sowing Seed,
Clover seed sowing is now on the
farmer's program. Bowing seed early
generally gives good results, By ear-
ly is meant while freezing and thaw-
fog are in progress, so that by this pro-
cess Lhe seed way become well embed.
ed in the soil. Another good practice
is to pow twice—early and late. The
amount of seed that should be sown is
a matter of judgment. The poorer the
#0il and the less favorable the condi-
tions the more syed should be sown.
Too often the poorer solls receive the
least quantity of seed,
Following is a table giving the
pounds of the common clovers and
grasses in a bushel, and the aproxi.
mate number of seeds in one ounce,
and by a bit of calculating one can eas-
ily find the number of seeds a given
quantity of seed sown per acre will al-
low to each equare foot of soil :
WEIGHT OF
Lis, to the
23,
*
SEED,
seads to
tushel the ounee
Allalis
Alsike, 60
Red Clover.. «0
White Clover )
Red Top, ‘ i
Timothy ‘ i
Bowing six quarts of timothy per
acre, will give each tquare foot about
two hundred and thirty seeds ; ten
pounds of red clover will give to each
square foot sixty seeds. This, of course,
is much more than is needed if every
seed produced a strong plant. Allow.
ances must be made for seeds that will
not germinate ; seeds that do not be-
come imbeded deep enough in the soil
to develop a root that will not be kill
by the first sunshine ; injury to plants
after development, ete., etc. There ie
no danger of sowing too much grass or
clover seed, but there is much danger
in sowing too little,
Sf ———
LOCALS.
Mrs. A. P. Luse has been quite ill
during the past week, and her condi-
tion is not improved st present,
A booklet received on Tuesday from
Florida indicates that Btation Agent
W. F. Bradford is enjoying the * Land
of Bunshine.”
/ During the time the Misses Gelss
will be in Philadelphia, their father,
D. K. Geiss, will make his home in
Beliefonte with his son, D. Wagner
heise.
It Is too early to plow, but not too
early to engage a reversible riding plow
from Weber, so that when plowing
begins you will bs ready to do the
work io the best possible way.
The proper spring stmosphere is
met in the April number of The
Ladies World with the cover of a pret-
ty girl and orchids, fiction that is
redolent of the season and fashions
that show the very Iatest ideas,
J. Henry Meyer, of Bowling Green,
Virginia, acbompanied by his brother,
P. H. Meyer, of Centre Hall, was a
caller at the Reporter office last week.
He reports the family in Virginia
well and prospering. Mr. Meyer re-
turned to his home on Friday, making
his stay in the north very brief,
John W. Bickelsmith, Greensboro,
Pa., has three children, and like most
children they frequently take cold.
“ We have tried several kinds of
cough medicine, "’ he says, ** but have
never found any yet that did them ss
much good ss Chamberisin’s Cough
Remedy. For sale by all dealers.
Misses Bertha Bieber, of Milton,
Erma Bieber, of Miflinbarg, and May
Swope, of Turbotville, were guests at
the Lutheran parsonage for several
days. On Monday the ladies, accom.
panied by Mrs. B. F. Bieber went to
State College where they were guests
of Roy Bwope, a brother of Miss
Swope.
The Millheim Journal states that
petty thieving is being practiced to its
limit in that section. Chickens are
the hardest hit. That was the condi.
tion in Centre Hall and vicinity for a
period of thirly years. The removal
of a single offender has relieved the
situation, and now thefts are rarely
reported.
Although Mr. and Mrs. Jacob
Meyer are retiring from the farm and
will make Boalsburg their fatute
home, they anticipate a busy season
during at least the first half of the
summer. They expect to greatly ime
prove their property, and that will re.
quire work sod close attention. Mr,
4
NO. 12.
TOWN AND COUNTY NEWS,
HAPPENINGS OF LOCAL INTEREST
FROM ALL PARTS,
Bee what Judge Porter did in Law-
rence county !
Plowing was belng done in Union
and Northumberland counties during
the week of the 6th,
March up to date did not fail to
bave a bit of unusual weather, Wed-
nesday night of last week it was
pretty well down to zero—four degrees
on the summer side.
Miss Sallie J. Keller, who for some
time has been at Terminal, Californias,
will leave that section about the close
of March, and some time during the
summer will return to Boalsburg, her
old home,
The appropriations committee, head-
ed by Chairman Woodward, and
Speaker Cox, numbering in all about
twenty-five, will visit Pennsylvania
to inspect the college. The committee
Mre, Laura Tressler Hafer Is
proviog in health
home of her sister-
im-
since being at the
n-law, Mie, Heime,
at Osceola Mills. Mrs, Hafer had
been at Colorado Bprings, Colorado,
for several years, but returned to Lin-
den Hall some time ago in ill health,
At the annual election of officers of
the National Dairy Bhow association
in Chicago, Prof. H. E. Vaz Norman,
head of the department of dairy hus-
bandry, at Penn. State College, was
elected president for the ensuing year.
He was secretary and manager for the
last two years,
John Corl, of State Colleg:, pur-
chased the flour and feed mill at
Biruble’s station, near State College,
and will conduct the same. Some
improvements will be made to the
plant that will increase its capacity
and product, Mr. Corl is a good man
and will make a success of it.
One bundred doliarsfor a year's
keeping, is the net result of a gpecu-
lation made in a colt deal by one of
the sons of Mrs, Elmira Smith. The
young man tought a yearling colt st
Milton Kline's sale, last spring, and
ilsst week Mr. Kline bought it back at
public sale, the difference in the price
being just $100,
Mrs. Philip Baul, who some time
ago underwent an operation in the
Bellefonte hospital, is in very poor
health, and was removed to her pew
home in the vicinity of Pennsylvania
Furnace on a cot. She hss been une
able to do work of any kind for some
months. Duriag the past few years
the family lived near Bellefonte.
A bell telephone will be installed in
the Frankenberger farm house, east of
Centre Hall, which will soon be occu-
pied by H. B. Frankenberger, of pear
Millbeim. Toe telephone service will
be furnished by the Centre Hall
Penns Cave rural line, one of the
several companies comprising the
Patrons Rural telephone company.
The Centre Reporter has no apology
to offer for the space devoted in quot
ing judges on the license question, be-
cause it is one being very much con-
sidered just at this particular time.
The reader is referred to these decis-
ions, because it gives a better insight
to the true intent of the Brooks bigh
license law, although somewhat con-
trary to decisions printed in these
columns in times past.
Friday of last week, Marshall, aged
nine years, a son of J. Frank Van.
burskirk, was frozen to death near
Lewistown. The iad was left to guard
a wagon, while his father went to
Alfarsta to borrow a wagon to take
the place of the one he was using, the
spring of which was broken. On the
father’s return the boy was uncon
scious, death following shortly after
he had been taken to Alfarata.
At an snuual meeting of the patrons
of the State College creamery, Prof.
H. E. Van Norman made an effort to
impress farmers of the importance of
disposing of the poor cows. The tests
taken during the year showed conclu.