St 0. o Wad rd, Pligy g bz ,, erat, Vol. I3 BELLEFONTE, PA, THURSDAY, MARCH 12, 189l. NO. 10 @he Centre Democrat, CHAS: R. KURTZ, - ~- ~ EDITOR TERMS OF SUBSCRIPTION Regular Price $1.50 per y When Paid in Advance $1.00 When subseriptions are not paid inside of three years $1.00 will be charged PAr., Editorial. Democratic County Committee, 1801 Bellefonte, N. W «WW. 8S. Galbraith 14 S. W " ¥. W.. Centre Hall Borough Howard Borough...... Milesburg Borough... Millheim Borough Philipsburg, 1st W BE: WW se ncnsnnsansnennd pe MW. cnssmnminns vices A. J Unionville Borough sesmssssnsnsanences 6. M Griest Burnside......... . Eugene Mee) #1 Benner Harvey Benner Boggs, N. P Sa Philip Confer “Y.P a wants Fo Adam " G. H. Loyman “WwW. HM ! Musser James A. Lukens 3. A. Fay Curtin ant tam Fe rguson, E Wo , essen sds. W. Fish James PG Isaac M. Orudort Geo. B. Shaffer Ellis Lytle Pp P Haines, E “ W.1 Gregg, S Halfmoon Haris Howard Huston Shaffer wedames P. Frank FP. A. Sel J.C. Stover 8S. WW. Smith Jas. B. Spangler ~Jas, Dumbleton Hugh MeCann Thomas Turbidy dohn D. Brown wed ory DODOVAN J Ames Carson ers Rush, N. I’ «cu coven “gp ah aaa a Snow Shoe, W. Pauw “ EP Spring, 8. PF... “NP Taylor Union Walker... Worth GEN. BUTLER says that every gener- ation of the United States has witnessed a war and that it will soon be time for | another. He may be correct. | -— CENTRE and Clearfield county will erect two new bridges and the good feature about it is there will be no man by the name of Gallagher employed to fleece the county. - SENATOR Quay has gone on a fishing tour to Florida. He is troubled with insomnia and wants to recuperate. Sap. pose he wants to get in good fighting condition before he tackles the news. papers with libel suits, - NEARLY every man who is sent to Harrisburg as a representative frames a half-dozen foolish bills to give him standing among his constituents, If more time was devoted to suppressing and obstructing these foolish ideas it would be better all aronnd. - Tue appropriations of the present Congress exceed the appropriatiors made by the last democratic Congress to the extent of $174,000000. This is the cost of republican rule, and the consequence of this enormous expen. diture of public funds. A —————— ON April 27 ground will be broken at ttverside Park for the monument to General Grant, say our New York con. temporaries, and a new method of rais_ ing money is proposed. This method is a series of musical entertainments by which it is thought tha! the needed sum will soon be secured. - SECRETARY Blaine awaits with con. siderable anxiety for the news from his reciprocity proposition now before the Brazilian Government. In the England's agents are working night and day to convince Brazil that trade interfered with or endangered by any scheme by which America proposes to take any portion of her large Brazilian trade from her. It now looks as if Brazil will decline to ratify the treaty, and one of the Maine statesman’s plumes will mean time she does not want her consequently his auricular appendage.—~Wm'sport Sun. - droop down Drnixo his term in Congress Mir Vaux, of Philadelphia walked from his hotel to the Capitol every morning in all weathers, and for a man of his yeurs isin the enjoyment of robust health Another pee uliarity he had was to walk from his hotel to the statue of Andrew Jackson every morning before break. fast and, with bared head, reverently bow to the image of the great exemplar of On being asked onee whether it was true that he did this he promptly answered in the affirmative and declared that it was absolutely necessary that he should do 50 in order, that he might keep his de moeracy from being polluted by the re. publican dq scoundrels by whom he was surrounded and with whom he was constantly nsociated, For 81.75 you can get the CexrTre Destocr ar and Philad, Times, or New York Weekly World, one year. democratic principles, % LICENSE OPINION. RULING OF JUDGE FURST IN FULL. His Interpretation . of the Present Brooks License Law. Reasons Glven for Grant Ing Licenses Furst, is criticized for his The tem- His Te now, pro wand eon in J wlge Centre county rulings on license questions, perance people and many ministers find fault with His Honor for granting any nd fi to hisduty in Heenses a lv advise him in a juent such matiel the | IANLNET AS On the other hand, find fault under Jud wwelise 1x Ause, | Cen n Furst, been reduce almost tre county ve tl 1 5 2 ge the licenses ha | aira 1 ey point to field, Cl numerous, In granting lic Honor was « wefu gives his o} nR ENS} The ( There is no law upon the statute books I RE CO SCENT urt of this Commonwealth 8 80 much misunderstood by the people at large as the ng liquors, or the las gulating law relating to the sale of intoxicat. the licenses of hotels One class of people hold trine that the Court can ought to refuse 1" Levy F 1 all itions for li cen e; another class quite as large, that the Court ou ght togrant all petitions for license where the forms of the law have been observed. The first class base their judgment upon the fact that the law is harmful and injurious to the morals of the people and therefore it ought not to be administer. | #d or executed by the Judge, whose un- pleasant duty it is to hear and determine the rights or claims of the for license. he their judgment by a second class are con desire to grant cense to all applies nts, and thereby avoid any discrimination between persons or their particular locality or Both theories, so far as the duty of the court localities 15 concerned, are equally demped by + highest court commonwealth, The duty of the judge is to follow he defined in law ad finds it in the statute Court. He is self: | re sponsible we does 4 of th review ¢ reasons which influ the Legis] { sl law, With this he hs It matters n own private j othing wisdom or morali bly or de i y of any act of assem. sion of the Appellate Court, It is his sworn duty to execute the law and follow the decisions of the Sapreme court, even though his own judgment that the law is obnoxious to the best interests of and to obey satisfies him society. If an act of assembly be constitutio al or if it une nounced so by the Supreme court the duty of every jue yield obedience thereto until changed or repealed by the law.making power. yet be onstitutional, pro. Jt ige in Ige in the land t 84 RAL) the law is The judge who in his official capacity sets naught all which own conscience does not approve, unworthy of the confidence and trust of those whose rights and liberties depend upon the rightful execution of the law, Law is not detirmined by the conszience of the individual. If this were not so, no one would be able to discover the his is at laws law, Grovernment with us is a trinity com. posed of legislative, executive and judi. cial powers and duties, The provines of each is separate and distinct It is the duty of the Legislature to enact the law, of the Executive to sanc. tion or disapprove of the same, and of the Judiciary to expound and execute the law, when it has been constitutional ly enacted, The guide to the law, in every inferior Court, is found in the writings of the Supreme Court or in the act of assembly, When the law has not been judicially determined, litigants take their cases by appeal to the higher Court, for final de. and in cases of reversal, the alwolute and unquestioned duty of the Court below is to follow the precedent thus established were they not 80. An. archy would soon subvert the security of the citizen. The legislature, on the 13th of May, 1887, passed the High License act, popularly ealled the Brooks Law. The law was intended to create a mo. nopoly in the leensing of hotels, &e. [t cision, Lis entitled an act to restrict and restrain | the license complained of is something | hotel has been made to appear, and the sale of intoxicating liquors, | The object of the law was to place | the licenses in the hands of a few re- sponsible persons, so that greater vigil. ance could be exercised over them by | the peace officers of the district, and { thus promote a stricter observance of the law. No man has a legal right, absolute in itself, to demand from the Court. The 11084 a license law attaches the license to the : place, and the A public necessity for the applicant's f house as a place of entertainment fo i # the traveling community must frst pear, before the Court is warrmnted granting any license, 1 ment of the Court under all submitted the k may have itself, there should ap. and owledge Court pear to be this pub IC neces one place for the three hotels, only, yet applications are pending for 81x, the duty of the i} Court is plain ted, And can be gran the six ee r wud CHAT calculated to accomn the public tain but few, or, ina all, but such fact rround [4 il of mere objection The fact or facts which fluence the to appli- shown to relate either to Court refuse cants must be the character of the applicant, the char- | acter of his house or the necessity there. of, or such other facts in relation to the person or place, as will satisfy the Court that the be withheld, In such cas will and do prevail the binding obli- s recognized should licens facts and at the same time gation to observe the law by the court and the people It is idle to say that the license law is to be executed in the counties of Phila. and not to be The Legislature has sald that this law shall delphia and Allegheny executed in the county of Centre, obtain throughout the Commonwealth except Lil The legislature pi 1872 county, only where here are local pro itory laws, never intended local In this but in 1575 the law repealed and | feneral act : iy CARE prohibition in laws enacted, and ever since the h Den aiure inl HOES law held to be that the legis ended that licenses should be granted by the courts. Ihe number of particu 0 be delerinin any al or dis. ’ 4 ’ N WICK as i legal discretion of t under the law. che judge wi all appli. cations except for shown, has been repeatedly sa AVE violated the law, The recognized under the cause shown’ must be a cans MW, IE can not Dee wes Lhe law, or that is Lhe that no cessity for license exists, A cause thal gm predic ted upon the ny ne This question the legislature has de. termined for us, and the Judge who will not thus exercise his legal discre the tion under law, licen violently and in refactory t tion of the precedents established by in determining what ses he should grant or refuse, acts an arbitoary manner, the law itself and in viola, the Supreme court, It is no answer to this, that the judg- ment thus rendered cannot or may not be reviewed by the Higher Courts, Be. cause the Supreme court cannot review the discretion of the lower court, it does not follow that the lower court may re. fuse to exercise a legal discretion, and substitute therefore an arbitrary will, In all cases where a judgment of this character is not the subject of review, it behooves the Judge to act with the highest regard for the law, and to ob. serve with most conscientious care the law as laid down for his guidance, Légal discretion under the law is well understood by the professional mind, Arbitrary power isthe will of the tyrant, and governed by neither law nor sense of duty. In Sparrow case, 27 W. N. C. 47, de cided on the 3d day of November, 1860, Chief Justice Paxon, delivering the opinion of the court, thus reviews the law assented to by repeated decisions: “We have decided repeatedly in lan. guage too plain to be misunderstood } the sound | | that we cannot revive, that being a mat. { ter of discretion, though we are satisfied that there was a misapprehension of the | Act of 22d of March, 1867, In the late case of Randenbusch’s pe- tition, 120, Pa., 828, in alluding to this discretion, we said, it has been excercis- ed by the Court of Quarter Sessions almost time out of mind and the power Las again and again been affirmed by this Court. This discretion, however, is a4 legal wisely and discretion, to Le exercised not arbritrariiy, A jude who refuses all applications for license, unless for cause shown, errs the jude In eithe: H licial ET (0s widely as who grants all case it is not the etion but of apy lications. of y power of the land has devided that lHeenses shall be granted to some extent Br 1 hilra The lu and has imposed the duty upon the Court of a licenses shall be In order the has provided means by which Court granted. perform this duty properly act assembly hear wilnesses, the conscience of the Nay remonsirances or the in some instances act of its own knowl petitions and we have no doubt Court may edge. In Schiaudecker vs 200, in referring to the same object Jus- tice Agnew said, whether any or licen ses should be granted is a legislative question, not a judicial one. Courts sit to administer the law fairly, | given to them, and not to make or re. peal it The has determined that licenses shall exist and has imposed as it is law of the land upon the Court the duty of ascertaining | the proper instances, in which the licen, ses shall be granted, and therefore has given it to the Court to decide upon each case as it arises in due cowrse of law, arbitrary or willful, The discretion vested in the Court is therefore a sound judicial discretion and to be a rightful judgement, it must be exercised in the particular case and upon the facts and circumstances before the Court, after they have been heard and duly considered; in other words, to be exercised upon the merits of each case, according to the rule given by the act of assemble To say that | will grant no license to or that I will grant it to every one, is pot to decide judicially on the determine be. to It is to not according to law, but and it is not a legal judg. of Any ome merits of the cases, but to fore hand witho wt a hearing or else disregard what has been heard. 3 | be determin f law L ment but the exercise an arbitrary power or will, The responsibility is cast upon the Court i | of the Judge there is a 1 license beoause in the mind belief ref wee that Wernge | should not be granted af all as a matter of policy is to make a law, not to admin. Whether or not the low exercised the discret taler of,’ court be. Nn, vested in thy the law wisely or wisely, a court I Ww ANN Ore And it affords The very opposite of this is Lh Tous we see that the law so ably ex of “rinine because it cannot be reviewed, to act arbitrarily, the no reRson pain duty of Court. pounded by Judge Agnew in Schlau. decker vs. Marshall has been reaffirmed by the Supreme Court, and carried still further and the strongly upon the court. Judge Agnew in the case referred to, gave the philo. duly pressed more sophy the law ; all that he said case was germaliu to the point in con. troversy. By the recent decision in Sparrow's case it is again laid down as the law which must govern the court. It cannot any longer be sald to be obiter dicta, It is now made the founda. tion of the unanimous opinion of the Supreme Court This surely ought Inw, and it does in the professional and judicial mind, It is the light follow, The act of assembly itself is so plain to suit the which the Court must in its terms that it can be easily under stood, but when so constructed by the Supreme Court, no conscientious judge can depart therefrom without a viola tion of his judicial conscience, In dis. posing of the applications for lieense before the Court at the present term, | rule thus laid ! { down by the highest authority in the | State, In the last four years licenses {in this county have been reduced to Jess we have followed the seeriaming the instances in whieh the | to | of Marshall 72 Pa. | 11 1 al The act of deciding Ss judicial and not | in that | (simply looted the ras absolutely required for the accom. modation of strangers and travellers we have granted the license ; in all other cases we have refused it, We are fully satisfied that we have not exceeded the requisite number, We bave refused all saloon NHeenses in our judgment there is no public necessity existing in this county | for a saloon, and the evils to the young because is flowing from saloons are so great that | we have determined to suppress them 1 he Court upor {and have done so in this district. | evidence taken before the the hearing of these applications, and the facts set forth in the remonstrances filed, have failed to show a single viola tion of the law. It is also a fact not to be oveitoo that during the last year not one ed dealer has been prosecuted fo violation of the liquor laws : has been returned. The been regularly and positively ch make careful search for | examine strictly peace officers, | every hotel been conducted This Brooks | ficial results constables of offender under thei: in ue certainly indicates law has in ounty. It is best and only law we the Bite of have to rest Withoat observance of would yy - liquor, | proper and faithful | provisions of in 1 mid | which happily, under the present ministration of the {cannot exist, That the law has been violated we | have little doubt, but nevertheless that { no flagrant violation of the law exists, | we are certain, otherwise the vigilance we have reign speak -easies law does not | of the people to detect and punish erime | { of this sort or order is sadly neglected. No guilty person has escaped when | prosecuted in our courts, and the severe | penalties of the law which have been visited upon those connected, have served as ample lessons to all concerned Until the present law is modified or improved, or to observe and obey the law, ments, it is the only rule we know o which must be followe1 by the Court, in dedling with this great moral question We have thus given our interpretation of the law which bave entered into the judgment of the Court in Tg and refusing | and also some of our reasons th nti ui nia i matter of gra CPI Nes A. O. Furst, P.J rn FREETRADE IN BINLES Rev. Talmage's Unavalling Appeal to Con. Rressman Cammings Rev, T. De Witt Talmage is Republican and a Protectionist, but he | belives in free trade so far as the Bible The before the { adjournment of Congress Dr. Talmage sent the following telegram to Congress. man Amos J. Commings: “In the name of religeon, would ask thai the conference Copyright bill when appointed, and whithin its power, would so amend the bill as to " 3 a good Is concerned night commitiee on llow the Bible, in whatever language {and from whatever land, to enter free. There should be no duty on the Bible, {and it would be a glorious thing for our American Congress to set an ex. ample to the nations of the earth by placing the Bible on the free list,” Mr, Talmage 's fell deaf Cars suggestion upon - THE LOOTED TREASURY -. Secretary Windom, in his last annual report, estimated the revenues of the United States for the current fiscal vear at $472,000,000, and the expendi. tures at #20.000000, For the next year, ending with June, 1802, he esti. mated the revenues at 8466 000.000 and the expenditures at $431.000.000, As far (Congress just adjourned appropriated | 462,000,000 for 1801 and 527,000,000 for 1502. This will not only use up Mr, Windom's expected] surplus of $52,000, us ws can be made out the 000 but leave a deficiency of at least $71,000,000, if the late Secretary's esti. mates of were anywhere neat right. The Republicans, voted out for their extravagance and incompetency, have Treasury and run away, leaving the task of restoring the { balance to their euccessors, revenue -—— The deep snows in the woods during the past winter have enabled Pennsyliva. Inia lumberman to get (heir logs into | the streams to be floated to the mills that the granting of a license to sell than one-third of the original number, | from places In the mountains not read. liquor by retail rests in the sound discre- Land this has been done although the ily accessible without snow. As a re tion of the court," In Reed's appeal, 114, Pa, 452, he | said the action of the court in granting | population of the novnty has almost doubled. Wherever the public necessity for a { sult there will be a heavier outturn of sawn lumber this year than for several years past, il | | the judgment of the Court the house | supplied by other more stringent enact. | a —————————" WE WERE RIG: T. { The campaign is over in * ‘entre coun- ty, new officials were ¢lvctel and the | former office holders have retired from | their public positions and can only be { looked upon as private citizens. Dur {ing the past campaign this paper took » {bold and fearless stand rong many matters to the noti He that were bable to certain office ho In doing &d our duty county well hat hitter | prejudiced Some wrainst the difference Po. Onhwers Lhougist Bure of people would | in us. 5 nil ACARD jour - we nal find ti Organs ‘e. men ak wed, nine ped Uist paper sla i a Deaoe the truth ladies of discussed sheriff, ft indicates that the charges paper not the we. sulted of politics but the startling truth May the | spared from another suc -— { nade by this were people of Centie county - Aflont on lee Two boys named Will R Earl Fox, succesded on Sainpd ting a large cake of ice deta | the river shore at Renov: vd {upon it they concluded to float {the shore for a short distance. | News says the ice drift i shore and the boys soon to dad by and AY Ih el hed from geting axon Tie vit from We pod Chat they were in peril, and begin calling for help. There were 1 boats meer and the lads were carried dist aves resci Tad they 10 1 i ne before they were gone over Lhe further dow 1 Vidal ity is drowned. -We ale f Bible Umatory, P known al The summer term ight weeks, Ri Williamsport Bible, over the Stats (rin 80 well wd fave rally is principal. May 4, anil entire new of the Bible h Riven nvestigation, Send Tex lasts « venture but the centents Jos. pectus show that Mr. the a thoroug! and will make it a ar to Geo. P. Bibl as matier SUCCESS ciret Williamsport, Pa. — date this est dat n Mare) wm is full fallson an « The ea which Easter can fall is - Easter iy ho! year, March 2 on ol. and this only in case the mmo March 21st, fall on Saturday Easter never falls later than April 25th ; this was the case in 1666. 1734 and 188 and will only happen ones the namely in 1943 when this date Ont happens to ther land, HA century ~Thomas Oliver wh ed in Bedford county recently at the ace of one hn dred and years, had jones the Methodist church five ¥ that a chu i convert at the venerable sof thre irs before, N CHIvS WN ninety is not often Trg eight . .——— Arm Sawed ON One day 1st week, while Mr. George Deters, of near Penn’a Furnace, was st work at Brown & Kelley's saw mill dw» met with a painfal accident, Ile was der the will) ATID ORE iw, There shoveling sawdust from © and in some way his ‘elt against the large cireula that his forea: was severe] near the elbow. Mr. Delors is a manol about 27 years, and has a wife and sev. eral children depending upon him Ser support sull was 0 "-—— shonid Become « Law, ro Juosd wt whieh inde won id shel 10 uke resent: t andl Te. for of. vo lnatile ; Coljerts den wneh woo ender denrnme, Longe Hol ex ceding Among the many bills Harrisburg is the follow: serving of much praise, jah a great nuisance an i polities a little cleanert 21 a “By M1. Robison, to strain solicitation of ean i fice, to buy tickets or an thing. or subscrilw fore or organization, (Uhe solicitation an offense, » liable to endictiment 1 " the penalty being ou fio £250 and imprisonment | three months,
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