Kelminski's License
Supreme Court of Pennsylvania
Appeal, No. 62, July T., 1894, from decree of Q. S. Northumberland Co., Feb. T. 1894, No. 61, refusing to grant a retail liquor license. Petition for new retail license.* Before Savidge, P. J. The petition was refused in the following opinion : “ This application is in due form. The additional petition certifying to the necessity of the house and the fitness of the application is signed by 85 electors, most of whom are representative citizens of Mt. Carmel.
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Appeal, No. 62, July T., 1894, from decree of Q. S. Northumberland Co., Feb. T. 1894, No. 61, refusing to grant a retail liquor license. Petition for new retail license.* Before Savidge, P. J. The petition was refused in the following opinion : “ This application is in due form. The additional petition certifying to the necessity of the house and the fitness of the application is signed by 85 electors, most of whom are representative citizens of Mt. Carmel. From his appearance in couit we were favorably impressed with the applicant. No remon strance has been filed and, so far as we know,…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
An arbitrary refusal to grant a license to sell liquors at retail is on the same footing as a like refusal to grant a license to sell them at wholesale. The plainly expressed purpose of the legislation in relation to both is “ to restrain and regulate the sale of vinous and spiritous, malt or brewed liquors or any admixture thereof.” While there are two classes of licenses provided for in this legislation, the proceedings to obtain them are practically the same in each class, and so is the discretion which the court of quarter sessions has in respect to the…
2Cases cited4 opinions
- Petition of RaudenbuschSupreme Court of Pennsylvania · 1888
- Gross's LicenseSupreme Court of Pennsylvania · 1894
- Johnson's LicenseSupreme Court of Pennsylvania · 1893
- Mead's LicenseSupreme Court of Pennsylvania · 1894
3Cited by13 opinions
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Donoghue's LicenseSuperior Court of Pennsylvania · 1897
- Commonwealth v. George W. Kerns & Bro.Superior Court of Pennsylvania · 1896
- Venango County Liquor LicensesSuperior Court of Pennsylvania · 1914
- Windber Brewing Co. No. 2's LicenseSuperior Court of Pennsylvania · 1913
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