The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-07-03


the law las pima ac.a right to such IL
eense.
LIMITED nlscRETIoy-
Ira renonstrauce is 6led. setting forth the
disqualification Of The applicant, it is the du-
" Of the Court to hear the ease. and the re-
renaonstrance Is sustained By evidence, to re-
fuse a license. # xard has TOO pablic
houses where only 50 are needed IL Is plain
that 50 must be denied, though every apDIi-
cant i a worthy man ard keeps = rezpec,a-
bic house. Bat none ofthese reasons apply
to a u aolesale license, a. It Is ndt granted
for the convenience Of any particular neigh
borhood. and il would make no diEerence if
all the wholesale houses Of iittsburg were n
a single block The power % cluae Up large
establishments, where perhaps hundreds Of
thousands u dollars are invested, is te-5 vast
10 be exercised By any man or coart, exceFt
upon the cIearsst grant af legislative aulhor-
iiy. Weare Of the opinion ihat the powers
have been sxeeeSie,I II this instanee. sad the
applicant iz entitled to her csuse-
20 nssUE Is TIE FE5sFEcT BEEwTSG c4sE-
In ordering the maianus in the Prospect
Brewing Company's case tie Chief Justice
held that As there was neither rem0nstrauce
nor objection sgainst the granting q the IL
eense there was no issue before G0ust and
40 disputed question OF faet for il to decide
The act says the Chief Justice. does not
confer upon the Court OF Quarter Sessions
the power Of a rowing commission 10 inquire
as to matters not properly beforei il and in no
way connected with the petitioners right 70
a license. As there was no issue before the
Court, il E5ilowz that necessarily there could
have been no legal trial and a. there we're
no disputed questions Of fact there eould
have been no valid findings Of fact. We
might well. therefore. discard tie entire re-
turn Of the learned Judges OF the Court or
Quarter Sessions 10 the Writ Of alternative
madamuz. That NE msy not seem xaHting
in respect 70 them / viii proeecd ID iJs CON
sideration.n
ruE KEY o. TIE WHOLE BIFFIcULrY-
The Chief Justice then discusses az some
length the thee points raised BY the return.
He frst quotes the preliminary statement
made BY the Liceuse Judges that in addi-
ton to the three qualifications required by
law the License Judges deemed it rheir daty
TO determine whefher applicants were ~hl
persons TO receive license
This was a matter. says tie Chief JUS
tiee, with which the Coart had nothing 10
do. They have nothing to do with it be
cause this act Of 24fh May eoniers NJ such
power on them. Il Is Incorporating into the
Wholesalers act provision Of the retailers
act The key OF the whole difHculty may
perhaps be found in this assumption Of
discretion which Is not found IN the Iaw and
which IS spDlicable only 10 the case OF retail
ers. The fitness Of man 20 have a whole
sale license depends upon his having the
three quaiifcatsus before mentioned. lot
upon the opinion of the Court on other mt
teS outside Of them
kzHRosIA EAToRABLT CONSIDERED
Concerning the sufficieHcy Of the ambrcsia
sales as a reason to dizqualify Mr.. WoIters
from holding a license Chief Justice P4xson
says at appears that ar the hearing Of the
Court below the main question was as 10 the
manufacture and sale of Eaild form OF beer
called Ambrosia, which appears 10 contain
oniy lEifIe ever 1 Per eens. of aicohoL The
return states that the Court found from the
evidence that the company lad brewed an in
toxicating malt liquor sor the purpose Of sell
ing It 10 unlicensed dealers, to be sold By
them IN Philadelphia IN violation OF law.
and that By false representations as 10 ths-
character Of this Equor numerous unlicensed
,iea.ers were induced to purchase il, aail then
sold the liquor 80 purchased. It Is to be ob-
served that this return Is entirely outside Of
the case
A Rs sBLISG NSrIEY SgT FzoFERLT HEFozE
The covKT-
1T had no bearing en either Of the three
qualifications required Of whoIesaie dealer.
and Al best refers TO a anshling inquiry not
properly before the Court The license
which the company held authorized them 10
sell beer 10 any person who was wiling to
bay, licensed o. Unlicensed Tie return Is,
moreover, vague and uncertain. We are not
told What false representations were male
BY The company IN regard &c the character of
the beer, and mere adieefives are entirely ont
OF place in i return ~ writ q alternative
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