English's License

59 Pa. Super. 621, 1915 Pa. Super. LEXIS 131
CourtSuperior Court of Pennsylvania
DecidedMay 14, 1915
DocketAppeal, No. 1
StatusPublished
Cited by4 cases

This text of 59 Pa. Super. 621 (English's License) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
English's License, 59 Pa. Super. 621, 1915 Pa. Super. LEXIS 131 (Pa. Ct. App. 1915).

Opinion

Opinion by

Rice, P. J.,

1. What must be contained in the petition for a liquor license is set forth in the statute in detail. All of these requirements are important, and the court has no authority to dispense with any of them. But if the applicant complies with them, the petition ought not to be dismissed because it does not .set forth other matters; certainly not, if they be not required by any general rule of court. While the act of 1858 provides that no person who keeps a grocery store shall receive a license to sell intoxicating liquors by less measure than one quart, the act of 1887 and its supplements which prescribe what shall be averred in the petition for license, do not require that it be averred in the petition that groceries are not or will not be sold in the place. Hence the omission of such averment is not a legal reason for dismissing the petition.

2. The objection that the petition does not aver that the applicant “is not engaged in the manufacture of spirituous, vinous, malt or brewed liquors” is based on [625]*625a misconception of what the statute requires to be set forth in the ninth paragraph of the petition. The language of the statute upon that subject, so far as material here, is as follows: “Ninth. The names of no less than two reputable freeholders of the county where the liquor is to be sold, who will be his, her or their sureties on the bond which is required, and a statement that each of said sureties is a bona fide owner of real estate in said county worth over and above all incumbrances the sum of two thousand (2,000) dollars, and that it will sell for that much at public sale, and that he is not engaged in the manufacture of spirituous, vinous, malt and brewed liquors,” etc. The words “he is not engaged” grammatically construed refer to “each of said sureties,” not to the applicant. “The grammatical construction of a statute is not the only mode, and not. always the true mode of interpretation: Fisher v. Connard, 100 Pa. 63. We must still look at the context, and, from the statute as a whole, viewed in the light of the cause or occasion of passing it and the mischief to be remedied, arrive at the construction which will effectuate the intent of the legislature, if that can be done without perverting or ignoring the language they have chosen to express their will. But, in general, where the words of a statute are clearly expressive of an intent, not rendered dubious by the context, they are not to be departed from merely because the court may be of opinion that a different provision would more effectively accomplish the general .purpose the legislature had in view:” Fourney’s License, 28 Pa. Superior Ct. 71. Here there is nothing in the context to indicate that construing the section according to the natural and ordinary sense of the words, and their grammatical relation to each other, will not fully effectuate the legislative intent; on the contrary, the context shows that the subject of the applicant’s being otherwise engaged in the liquor business was covered as fully as the legislature deemed necessary in the sixth and- seventh para[626]*626graphs of the prescribed form of petition. Nor will any absurd result be reached by construing the ninth paragraph to relate to the sureties as its plain terms imply. It follows that , the objection that the petition does not aver that the applicant “is not engaged in the manufacture,” etc., is not well taken.

3. True, the sixth paragraph of the petition in this case does not use the word “pecuniarily” but it does aver that the petitioner “is not in any manner interested in the profits of the business conducted at any other place in said county, where any of said liquors are sold or kept for sale.” This, taken with the seventh paragraph was a sufficient compliance with the statute in this regard.

4. The objection that there is uncertainty as to the person applying for the license, is hypercritical. The petition avers that the name of the petitioner is Frank N. English; in all the subsequent averments of the petition that name appears in full, and the petition is signed “F. N. English, Petitioner.” There is no room for reasonable doubt that the Frank N. English referred to throughout the petition is the F. N. English who thus signed it; nor is the contrary intimated anywhere.

5. In the ninth paragraph of his petition he states that the Fidelity and Casualty Company of New York will be his surety. Unless the court knows the fact, proof that this company is organized under the laws of, or is authorized to do business within, this commonwealth may be and should be required before granting the license. But it is not made absolutely essential by the statute that it be set forth in the petition; see Fourney’s License, 28 Pa. Superior Ct., 71; Branch’s License, 164 Pa. 427.

6. The petition sets forth the date and place of birth of the applicant, the present place of residence, (“Nauvoo, Liberty Twp. Pa.”) where he has resided for two years last past, and his ownership of the premises where the proposed business is to be conducted. [627]*627The second paragraph reads: “The particular place for which license is desired is Nauvoo House, Liberty Twp., Pa. Said house has been licensed for the past many years.” The requirement of the statute is that the petition shall state “the particular place for which license is desired.” The word “place” has a variety of meanings and what would be a sufficient description of it under some circumstances might not under others. The law is the same in townships as in cities, as the learned judge correctly says; that is, the place for which" license is desired should be described in the petition as to identify it with reasonable certainty. But the precise mode of doing this may vary with the circumstances. What might be a sufficient description in a sparsely settled community where there are no house or lot numbers and where the people and their habitations are generally known to all of the community, might be insufficient in a large city. The true rule was thus stated in Walker’s License, 24 Pa. Superior Ct. 90: “The statute does not specify the manner the place for which the license is desired shall be described or identified. If the description given in the petition is sufficiently plain to give notice with reasonable certainty to the court and the public ‘of the particular place for which the license is desired,’ it fulfills the purpose of the statute. The phraseology used is not so important as the information it conveys.” Here the description identifies the place by the name of a township, by the name of a village or hamlet in that township, by the name which had become attached to the house, and by the fact that it had been a licensed place for many years. Viewing the description in the light of the common sense principle enunciated in Walker’s License, it cannot be declared as matter of law that on its face it was not sufficient to give the court jurisdiction to entertain the petition, and to entitle the applicant to hearing and decision on the merits.

7. The requirement of the statute as to publication [628]*628of notice of liquor license applications is that the clerk of the court of quarter sessions shall cause to be published “a list containing the names of all such applicants, their respective residences, and the place for which application is made.” The notice published in this instance, so far as material here, reads as follows: (We quote from the court’s opinion.)

"NOTICE OF APPLICATION FOR LICENSE

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Related

In re Fox Film Corp.
11 Pa. D. & C. 129 (Philadelphia County Court of Common Pleas, 1928)
Schwem's License
66 Pa. Super. 280 (Superior Court of Pennsylvania, 1917)
Dietrich's License
65 Pa. Super. 1 (Superior Court of Pennsylvania, 1916)
Pierce's License
61 Pa. Super. 397 (Superior Court of Pennsylvania, 1915)

Cite This Page — Counsel Stack

Bluebook (online)
59 Pa. Super. 621, 1915 Pa. Super. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/englishs-license-pasuperct-1915.