J. F. Boyle's Retail Liquor License

Citations

• 190 Pa. 577
• 1899 Pa. LEXIS 1062

Syllabus

<p>Practice, Supreme Court — Practice, Superior Court — Special allocatur— Constitutional question.</p> <p>An appeal from the Superior Court to the Supreme Court in a case where the only question involved is the constitutionality of all liquor legislation, cannot be taken without a special allocatur. The provision in the Act of June 24, 1895, P. L. 217, relating to appeals in cases involving “the construction or application of the constitution,” contemplates only actual, open and unsettled unconstitutional questions — not so-called questions that have been raised, fully considered and more than once definitely settled.</p> <p>Applications for appeals should be by petition, setting forth clearly and distinctly the reason therefor, so that the Supreme Court or any of its justices may readily determine whether the application is within the letter, as well as the spirit, of the Superior Court act, and the petition should be filed with the prothonotary of the Supreme Court, so that a record of it may be kept.</p> <p>Liquor laws — Constitutional laws.</p> <p>The liquor legislation of Pennsylvania authorizing the granting of re~ tail liquor licenses does not ex necessitate rei violate any provision of the constitution of the United States, or of the constitution of Pennsylvania.</p>