Boyle's License

Decided November 14, 1898

Superior Court of Pennsylvania · decided 1898-11-14

Appeal, No. 91, Oct. T., 1898, by Hiram DeWalt, from judgment of Q. S. Phila. Co., March T., 1898, No. 497, in granting or allowing to be issued retail liquor license to James F. Boyle. Application for retail liquor license. Before Biddle, P. J. and Arnold, P. J. It appears from the record that an application for retail liquor license in the usual form was filed on February 9, 1898. On March 8, 1898, the remonstrance of Hiram DeWalt was filed assigning as reasons that the place was not necessary for the entertainment of strangers or travelers and was not designed or fitted for the entertainment of strangers or travelers, but for the business of selling by retail in small quantities spirituous and intoxicating liquors; that any act of assembly authorizing such a place to be licensed should be adjudged unconstitutional and void. On March 28, a hearing was had on the petition and remonstrance, and on May 2,1898, the petition was granted. Hiram DeWalt appealed. Errors assigned among others were (1) in granting the license. (5) In not holding that the act of assembly entitled “ An act to restrain and regulate the sale of vinous and spirituous, malt or brewed liquors, or any admixture thereof,” was unconstitutional.

Affirmed · Decided 1898-11-14

Per Curiam,

¶1The record shows a petition in the form prescribed by the statute, and an order granting the license after due hearing. As the evidence given on the hearing is not before us, the decision of the court upon the questions of fact raised by the remonstrance is not reviewable. And notwithstanding the very earnest argument of the appellant, who appeared in person, we see no reason to doubt the constitutionality of the law under which the license was granted. The power of the state to regulate the sale of intoxicating liquors, and, in the exercise of that power, to authorize the granting of licenses to fit persons under such conditions as the legistature may impose is too well settled to be open to discussion.

¶2Finding no error in the record the order is affirmed.