In re Pollard for License

Citations

• 127 Pa. 507
• 17 A. 1087
• 1889 Pa. LEXIS 1145

Syllabus

<p>[To bo reported.]</p> <p>1. Tire granting of wholesale licenses being a matter specially committed to the Courts of Quarter Sessions by the act of May 24, 1887, P. L. 194, upon a writ of certiorari the Supreme Court may review the proceedings of such courts therein, so far as to see that they have kept within the limits of the powers conferred, and have exercised them in conformity with law.</p> <p>2. The provision of the act of May 24, 1887, P. L. 194, that wholesale licenses to dealers, brewers, distillers, bottlers, etc., “shall be granted only by the Court of Quarter Sessions of the proper county, in such manner as is provided by existing laws,” does not confer upon such courts the discretionary powers conferred by the act of May 13, 1887, P. L. 108, relating to licenses to sell liquors by retail.</p> <p>8. The retail license act of May 13, 1887, being an act to restrain and regulate the sale of liquors, and the wholesale license act of May 24, 1887, being an act providing for revenue, with no reference in the latter act to the provisions of the former, the “ existing laws ” referred to in the latter act are the existing laws in force in the proper county relating to the granting of wholesale licenses.</p> <p>4. The existing law relating to the granting of wholesale licenses in Allegheny county is the act of April 3, 1872, P. L. 843, which, in respect of the qualifications of applicants, is unropealed by the act of May 24, 1887, P. L. 194, and imposes upon applicants no qualifications save that they must be citizens of the United States, of temperate habits, and of good moral character.</p> <p>5. Wherefore, a petitioner for a wholesale license as a dealer, brewer, distiller, or bottler, etc., in said county, who has presented his application in due form and has complied with the requisites of the law, has prima facie a right to such license, and, in the absence of anything upon the record to impeach such right, the refusal of the court to grant it will be rev