Daily Republican., 1881-04-13
WEDNESDAY,. APRIL ~. 1851.
The License L aw and the Brewers

passed by the late Legislature the ne
PUBLICAN despatched a reporter to
Dover ON Monday to get full copy of
the bill, which he did and yesterday it
was published in full that all might
read il and interpret it for themselves.
The only two points about which there
appears to he the greatest dispute and
the most misunderstanding is the ques-
ton of whether freeholders only are re-
uuired rs signers TO an application for
license, and whether malt and brewed
liquors are included in the ten cent
gallon tax required from manutactur-
ers by the state for all "spirituous or
alcoholic liquors." manufactured by
them.
From cursory reading OF the law,
we are inclined to think that the scare
about freeholdcrs was premature and
without foundation. The license law
for which the present is substitute re.
quired only respectable citizens" as
signers, and We fail to find a paragraph
ar even line in the present law which
changes that. The only allusion to it
whatever is found in the first section
which reads thus:
SECTION /. Hereafter no license shall
be granted to any person to sell intoXi-
eating liquors, but they shall authorize
the sale of them TO be made i'll some
house described i'll the petition. The
owner or some one of the owners of the
premises, when there are more owners
than one), or the chief officers of a cor
porate body, (where it's owner), shall
be the petitioner for the license and
the application shall be filed, recon-
mended, presented and sworn 10 as is
now done in applications for tavern H.
renses, and notice Of the intended APP
plication shall be duly published also
the object of this section being to change
the license from person to house the
applicant. When notice Of the applica-
ton has already been given under the
present law, the license to be issued shall
confirm to this section.
We can see in the above section very
plainly the change in regard to who
shall apply for license, but We see just
as plainl, that applications shall be
filed, recommended, presented and
sworn to as is now done in applications
for tavern licenses and notice Of the in
tended application shall be duly pub
liShed also" There is nothing what
ever said about freeholdefS in the sec
ton, but as protection to those who
had already made their applications
under the old law we find in the same
section the following saving clause
when notice Of the application has
already been given under the present
law, the license to be issued shall con
fornSto this section That is easily
4,aaErStoo1 and means that hereafter, at
cRHt November Court, and at every May
and November term thereafter the own
rr OF custodian OF the property where
liquors are to be sold, shall apply for
the license instead Of the person to
whom the property is leased or is to he
leased fer a place where Intoxicating
liquors are to be sold.
This however is not the most per
picking question, and, that which is
likely to lead to trouble and if enforced
will deprcciate "A large amount of pro p
erty This question is the ten cent
gallon fax on all manufactured liquors
in the State. The section which inclu-
sies this part Of the law:.is long one
and hence we will only reproduce the
first par of it which is nearly the pith
of the whole. 1t is as follows:
SECTION e. Every manufacturer Of
Spiritu0us or alcoholic liquors for sale,
shall pay to the state treasurer, on or
before the first day Of January of each
wear hereafter, a tax of ten cents per
gallon for every gallon Of such liquors
manufactured by him during the pre-
ceding ycar--an account OF which, sup
ported by the affidavit of such manutaC-
turer shall be furnished by him to the
State Treasurer on or before the said
day. If such manufacturer shall not
furnish such account by the day atore-
said and pay at the same time the said
tax to the State Treasurer he shall be
guilty of miSdemeanor, and, upon
conviction thereof, shall be lined any
sum, not exceeding five hundred dol
lars.
We're there no other section in the
law defining what are spirituouS and
alcoholic liquors, the intoxicating quail
ties of the lighter wines and beers
might still remain a mOOted question,
as it always has been, but as if fearful
there might be some loop-hOle of escape
hy the brewers and bottlerS of Whining
ton. the following section seem:
to have been interpolated on purpose t,
meet the case, and TO make direct Stal
at the breweries OF Wilmington
SECTION THE court may take Off
cial notice Of the fact that SpirituOus
mixed or fermented liquors, by tire uSu
al or common names (eXcept cider) are
intoxicating but unlnixed cider sinai
not be considered intoxicating.
If there were any doubt before, as t,
the true intent and meaning of the law
this section certainly should remove al
such doubts 1t leaves no room 70
guibbling or equivocation. Everythin
is to be considered intoxicating, excep
cider, and that has to be unmixet
though cider in fermented state is n
doubt as Intoxicating as the lighte
wines and beer.
There must have been some person
who knew all about the effect such la,
would have upon the brewers of thi
city but tits extremely doubtful ifman