Petition of Raudenbusch

Citations

• 120 Pa. 328
• 21 W.N.C. 432
• 14 A. 148
• 1888 Pa. LEXIS 488

Syllabus

<p>An applicant for a license to sell at retail vinous, spirituous, malt or brewed liquors, under the act of May 18, 1887, P. L. 108, is not entitled to such license as a matter of right, on the ground that he has complied with the provisions of the act and no remonstrances have been filed against his application.</p> <p>Though there be no remonstrance or objection on the score of the petitioner’s want of fitness, yet the court must pass upon the question whether his house is necessary for the accommodation of the public and the entertainment of strangers and travelers, a question of public concern, to which the petitioner is not a party, in the sense that persons are parties to private litigation.</p> <p>3. The granting or refusal of licenses, under said act, is a matter of legal discretion, to he exercised wisely and not arbitrarily; to perform this duty, the court below may hoar petitions, remonstrances, or witnesses, and in some instances act of its own knowledge, and this court will not review the maimer in which such discretion is exercised.</p>