78 Pa. Super. 28 | Pa. Super. Ct. | 1921
Opinion by
These seventeen separate appeals are from orders refusing to grant the several appellants, respectively, license to sell liquor, some of them at wholesale and others at retail. They present the same questions and may be properly disposed of by one opinion. The final order which in each of the appeals is assigned for error was in this form: “Now, May 3rd, 1921, after full hear
It must be kept in mind that the extent to which we may go in considering the opinion of the court is limited to the ascertainment of the grounds upon which it based its decision. If the reason set forth is a legal reason, the order must be affirmed; if, on the contrary, the reason is not a legal reason the order will be set aside by the appellate court as being an abuse of discretion and, therefore, not according to law: Venango County Liquor Licenses, 58 Pa. Superior Ct. 277. We have carefully considered the opinion of Judge Evans, which
In determining the question of the necessity for these licenses it was entirely proper for the court below to consider the fact that under the act of Congress, commonly called the Volstead Act, it would not be lawful for any person to whom a license issued to sell liquors containing one-half of one per cent or more of alcohol by volume. The Constitution of the United States, article VI, thus provides: “This Constitution, and the laws of
The order of the court below, in each of these appeals, is affirmed and the appeal dismissed at the cost of the respective appellants.