The License Law: Who Gets to Drink in Snohomish?
A new interpretation of the Territory's temperance laws gives local boards sweeping power to deny liquor licenses based on 'moral character,' effectively letting neighbors veto their neighbors' businesses.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Full Editorialism is desired by all classes of citizens in regard to the Working of the License Law. We endeavor in this article to give what appears to be the rule adopted by our Co. Comm. at their Feb. Term, 1876, in granting license in this County.
The test of morality adopted being obedient to the Law of the Land, and the statutes of this Territory. Where no remonstrance was presented, they felt simply the formal questions as to knowledge of the applicant's character, by the witnesses, and his obedience to the statute of the Land, or the statutes of the Territory. These questions being asked in general terms. The responsibility of the matter being left in much as possible with the witnesses produced, unless some remonstrance should be presented.
In case any citizen should feel sufficiently interested to remonstrate against license being granted to any party applying therefor, it being an improper party to receive a license. In such a case, it done examination to follow in regard to each provision of the Statute, relating to this business, as well as the cases of Statutes usually violated in a license income, such as requiring the proprietor to keep a quiet and respectable house, not to allow drinking on the premises, nor persons intoxicated to lay around the premises; to keep a house of good moral repute. Many times after a careful examination, the applicant was found to have violated any of these statutes, or he is a person whom the board should deem likely to violate them, regulating from a good life, if a license should be granted; the Board in such cases would refuse a license.
At the last session no contest was made. After confirming proof, License was ordered to issue to Messrs. Meaghlin & Mannar for Stillaguamish Precinct, and to Schoe Bros at Snohomish Precinct. License is also given to F. P. Blake and James Cuthbert of Snohomish Precinct to take out license in our town.
While this method of interpreting the law is certainly very lenient as regards the parties applying for a license, it will ultimately give us the law in its strongest form. Many who do not live up to the letter of the Law, under this ruling, doubtless will henceforth abstain from ill-doing to procure a license, but none who have kept their houses, disorderly houses, or have lived in constant violation of the Statutes will be able to enter on their old practices, except every man in their community favor such acts, or lacks the moral courage to protest against them. Violators of the law on no plea by this interpretation from making any sympathy in their behalf from the unexpected severity of the law.
It, from the leniency of the Board really but men who will persist in violating the Statutes, do occasionally obtain a license, the provisions of the Statute also provides how their license may be declared a nuisance; their license revoked and their place of business closed, and a fine collected against them on their hands or if their hands should be inadequate, then the property in which said business was carried on to responsible, regardless of the ownership thereof. All that is needed in any instance in a single remonstrance to prevent any low man from being established in any portion of the community.
This 1876 editorial highlights how local moral policing and zoning-like powers were used to control who could operate businesses, specifically liquor licenses. It mirrors modern debates over 'quality of life' ordinances and the discretionary power of local boards to deny permits based on subjective character assessments, a tool often criticized for being applied unevenly.
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