Trimble's License

Superior Court of Pennsylvania
Trimble's License, 41 Pa. Super. 370 (1909)
1909 Pa. Super. LEXIS 70
Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

Trimble's License

Opinion of the Court

Per Curiam,

On the day of the hearing in the quarter sessions of the rule to show cause why the retail liquor license granted to J. R. Trimble should not be revoked, Nathaniel Mayhew presented a petition to have the license transferred to him: One of the reasons assigned by the court for dismissing the latter petition was that the statutory provisions relative to the transfer of licenses had not been complied with. The petition is not printed in the appellant’s paper-book, and there is nothing in any part of the record that is printed from which it may be implied that J. R. Trimble is such party aggrieved by that *382order as is entitled to appeal therefrom. Nor is there anything in the record to show that the above reason assigned by the learned judge was not well founded. This is all that we need say relative to the assignments bearing upon the dismissal of the petition of Nathaniel Mayhew.

Upon the questions, (a) whether, according to his own showing, J. R. Trimble was a citizen of the United States within the true intent and meaning of sec. 2 of the Act of May 13, 1887, P. L. 108, and (b) whether the court of quarter sessions has authority, after due hearing, to revoke a retail liquor license granted to an alien in violation of that section of the act, where it was granted upon his representation that he was a naturalized citizen of the United States, we all concur in the conclusions reached by the learned judge below. They are well supported by the reasoning of his opinion, and nothing can be profitably added by us to the discussion.

The order is affirmed.

Reference

Cited By
3 cases
Status
Published
Syllabus
Liquor law — Transfer of license — Appeal. 1. An order of the court of quarter sessions refusing to transfer a liquor license for the reason that the statutory provisions relative to such a transfer had not been complied with, will not be reversed on an appeal by the owner of the license, where the appellant does not print in his paper-book the petition for transfer, and there is nothing in the record to show that the reason assigned by the lower court was not well founded, or that the appellant was such a party aggrieved as was entitled to an appeal. Liquor law — Qualification of applicant — Citizenship—Revocation of license — Act of May 13, 1887, P. L. 108. 2. An alien who has merely declared his intention to become a citizen of the United States, and to renounce his former allegiance, is not qualified to hold a liquor license under the Act of May 13, 1887, P. L. 108, which provides that such licenses “ shall only be granted to citizens of the United States;” and this is the case although the constitution and law of the state, where the declaration had been made provides that persons who make such declaration shall enjoy all the privileges of citizens, including the' right to vote and^the right to hold a liquor license. 3. The court of quarter sessions has the power to revoke a retail liquor license granted to an alien upon his representation that he was a naturalized citizen of the United States; and this is so although such representation may have been made in good faith.