Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-06-29
A WET SYMPOSIUM.


While the legal fraternity was very nearly o!
much interested in the last say. it did not show
it to the same extent as did a man who had thu
lease of building on his hands with no othel
business to put into it.
Mr.. Fitzsimmons had. to do the talking fol
Robb and Fitzsimmons, the other end of the
firm being elsewhere engaged. Mr.. Fitzsim
mons had thought the matter over until his
words were greatly condensed and a yarn could
not be corkscrewed out of him. He said all the
rejected applicants would be compelled to do
provided they had filled the qualification:
required by law would be to ask for the license
and tender their cash and 60 on their wayre
joicing. As to former appeals, in which the
rulings of the lower court were sustained as In
harmony with the Brooks law, they stood on a
very different foundation. Continuing, he
said:
The act of 1887 in reference to the wholesale
liquor trade is directory. The Judge has no dis
cretion whatever where the applicant fills the
bill as prescribed, has character that is not as
sailed and is an American citizen. The question
of necessity does not enter.
MIR. CHRISTY ON HOBSoN's CHOICE.
B. c. Christy, ESQ.,, calmly stated that if the
question of necessity could not be raised that
was all there was of it. All that is needed
now is a man to stand well with his neIghbors,
have good name and cash enough to pay for
his license and lay in stock.
Though Morton Hunter, ESQ.,, partially won
his case through the decision on the other
cases, which was some consolation, yet his,
Commonwealth ex rel Kaiser VS.. Hill. fell by
the wayside. He hadn't seen the opinion and
could not therefore analyze the reasoning of
the Court. Mr.. Hunter had attacked the act
of 1887 on the ground of unconstitutionality.
He stated that in the interest of general trade
he considered the law of 1872 much better than
that of 1851 Under the act of 1872 man
rendered cash for license gave bond and paid
according to the amount of his sales
There was some discussion whether, the Ii
cense Court having adjourned, it would not be
necessary to hold an extra session. Some also
thought that the matter must be begun de
novo. There were said to be some lawyers
holding this view, but the inquirer did not
come across any Of them, and Messrs. Fitz-
simmons, R. D. Johnston and William Reardon
all supposed that all that was required was
that Judge White convene his court and pro-
ceed. AS the Supreme Court granted a pro-
cedendo, which in plain United States means,
60 on with your rat killing, there doesn't seem
TO be any other way in the case, and, as Mr..
FitZsimmons terms it, il would come under the
denomination of unfinished business.
A DEATH-BLow TO sPEAK-EAsIEs.
A general opinion prevailing among laymen
was that the decision would be death to speak
easies, for in sections Of the city where they
flourish best their patrons will no longer play
the dodge game. but get up pony purse and
buy quart. A quart of whisky makes about
ten square drinks for seasoned soaks, and they
can put in cents apiece and get a very fair
article of whisky for that sum. But few people,
either, will sneak into a speak-easy when they
can buy bottle of beer in the same square.
In some sections. also. there is widespread
complaint that since monopoly was es-
o. mo INV mn Knn how ooad
the size of beer glasses until a thirsty man
must pay 10 cents to get square drink. This
complaint does not come from topers, but from
men who like glass of beer now and then, and
who have ample means to pay. One of them,
whose income is S., 600 year, said:
Don't care SO much for the cost as / do for the
hoggery, but yet object TO paying more for a
glass ofbeer than it is worth, just as strenuously
than they are worth. 1t isn't sound business and
is demoralizing. lhave made arrangements with
brewing company to be supplied with beer by
case and hereafter I'll do most of my drinking at
home.
The complaint has become more general
since the food and people cannot altogether
disabuse themselves of the impression that
when they drink water they are wilfully ab-
sorbing bacilli, bacteria, animalcul@s, or other
animal or vegetable matter which has no place
in self-respecting water supply
WHAT THEIR COUNSEL SAY.
]. Scott Furguson and Josiah Cohen acted
for the Wholesalers and Brewers Association
in presenting paper books to the Supreme
Court in the test case of Wholesaler 7. d.
Casey. Yesterday afternoon Mr.. Cohen was
busy answering calls from unsuccessful appli-
cants, but he found time to say:
ltwas a great victory for us. We took the stand
that there was no connection between the whole
sale act and the Brooks law, and that all that
necessary in the case of wholesaler, brewer or
bother was that he had obeyed the law, was of
good moral character andlhad proper credentials
of citizenship.
The Supreme Court will now make its repor. to
the Court ofQuarter Sessions, Judge Stowe being
on the bench and order that its decisions be car
ried out. We cannot tell, of course, yet but tits
probable that the rehearings will commence next
week. The Court has decided that wholesale
licenses must be given under the law of 1857, and
not under the old law of 1872, as the lower court
contended. Where there was no remonstrance
LICENSES MUST BE GRANTED
according 10 citizenship obedience to the law
heretofore and good moral character. The neces-
sity for the license has nothing to do with the
granting to applicants.
]. Scott Furgusun came in at this point in
the conversation and agreed with Mr.. Cohen
in what had been said.
Can a retailer who was refused license now ap-
ply for bottler's or wholesalers license?'' was
''No it will only apply to rehearings on the
applications made at the required time, y said Mr.
Furguson.
AN APPARENT CoNFLICTIoN.
Has the Supreme Court reversed itself in its de-
cision? Well, in some cases there is an apparent
conflict, but not real. This was in cases where
the wholesale and retail licenses were intermixed
The only case we had towork against was Leister,s
appeal, declared October g. 1857, in which the
Supreme Courts decision was that only the
records were to be considered. In our "Book of
Plaintiff in Error, - we stated the following as
signments Of error: D..
The record does not show any reason for the re.
fusal OF the application of plalntif In error for
wholesale liquor Dealers license. The record
shows no remonstranee or evidence against the
plaintiffs application.
The record shows full and complete compliance
of the plaintiff in error with the requirements Of
We lawyers had to be very careful how we an
preached the Supreme Court, as the appeal was in
consider the appellate matter.
Those that have been knocked out of business all
obseque injuria, or wrong without redress, and
the Court cannot be blamed for any decision il
has mace.
WANT TO KNOW RIGHT AWAY
Mr.. Cohen said that they would go before the
Court tomorrow and find out just when the
cases would be reheard
Several retail applicants came into the office
with a shade of hope on their countenances, but
went away with the last hope fed. owing to the
whitening answer, This does not apply to YOU
Your turn will come next year"
WHAT THE TRADE SAYS.
T. d. Casey, the wholesaler, when seen by
the reporter, said:
have not got much to say. OF course am glad
that ii came out all right. 1 have have had great
hopes all along, and this only confirms it, have
lost over e. 600 by the suspension of business in
Pittsburg, and can get return. Many of nv
customers have gone elsewhere.
Tom Delaney-I guess there is no hope for the
retailers. we can do nothing but grin and bear it,
SPECULATIoNS ON THE FUTURE.
A., 49,
ton were busily arguing the possibility of every
retailer who did not get a license next year ap-
plying for bottlers or wholesalers license
and the general opinion was that if nothing un-