Reznor Hotel Company's License

Citations

• 34 Pa. Super. 525
• 1907 Pa. Super. LEXIS 174

Syllabus

<p>Liquor law — Buie of court — Additional petitions and remonstrances— Act of May 13,1887, P. L. 108.</p> <p>A rule of court which provides that all additional petitions and remonstrances in liquor cases shall be filed on or before the first day of the term at which the application is to be heard, and gives the parties a period of three weeks after the original petition is filed within which to circulate and file the additional petitions, deprives neither applicant nor remonstrant of any statutory right, and is not so plainly an abridgment of that right as to justify us in declaring it invalid upon that ground or the ground of unreasonableness.</p> <p>The refusal of an application for a retail liquor license, after full hearing and consideration of all the matters that the court may consider, because in the opinion of the court it is not necessary for the accommodation of the public and the entertainment of strangers or travelers, does not make the question of necessity res judicata upon the hearing of the application of the same person for the same premises in a subsequent year. The granting or refusal of the license in previous years is not conclusive, and, under some circumstances, it ought to have but little, if any, weight in the determination of the application before the court; but in the exercise of a sound judicial discretion the court may consider it in connection with the other relevant facts established at the hearing or known to the court, particularly if the conditions be unchanged.</p> <p>The words “due regard” in the Act of May 13, 1887, P. L. 108, means such regard as the circumstances of the case demand, and these circumstances include the knowledge possessed by the court, facts whereof judicial notice should be taken, the testimony of witnesses, and the opportunities of petitioners and remonstrance for knowing the things about which they volunteer information.</p> <p>The fact that the place is necessary either as a hotel or as an eating house for