Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-04-26
ALL WILL WAIT
For the Return of Judge
White From the SeashOre.
1T WAS THE RESOLUTION
Of Judge Magee in the Matter Of
Liquor License RehearingS.
TAX EKONERATIONS APPLIED FOR
By the Saloon Keepers and Wholesalers
Who Did Not Succeed.
IT WAS THE RESOLUTION
TAX EKONERATIONS APPLIED FOR
MEETINGS OF BRANCHES YESTERDAY

Three different attempts were made by the
liquor dealers yesterday to get beyond
Judge White. Only one met with any de-
gree of success, and the grain of comfort in
that instance was so small as to cause scarce
ly smile. Yet it may grow and eventu-
ally result in some rehearings.
The first attempt was in the morning. A.
h. Clarke, Esq, made it. He appeared be-
fore Judge Magee and asked rehearing to
be granted to Thomas Gamble, a wholesale
dealer on Ferry street, but His Honor de-
cisively declared that he would not act on
any such question until the return of Judge
White, and the only alternative would be
that the request be put in the form of peti-
tion, which he would consent to its being
fled. The attorney then read paper,
assuming it to be petition, and said that
his client could not dispose of his property
during the interim of to-day and May 1, and
pleaded that said client be granted license
long enough to sell his goods. Judge Magee
would not entertain any motion of the kind,
and took the paper only as an application
pending the return of Judge White.
THE SECOND ATTEMPT.
the afternoon a swarm of attorneys, backed
by several rows OF saloon keepers, ranged in
front of the clerks desk before Judge Ma
gee. The first to speak was Harry Ewing,
ESQ, He said that he wished to present a
petition on behalf of j. K. Fleming & Co.
for u rehearing in the matter of granting q
wholesale liquor license.
Judge Magee at once responded that he
would give no rehearings on the question of
applications for license. Mr.. Ewing, how
ever, persisted, and was backed up by At
torneys j. S. Ferguson and Josiah Cohen.
Judge Magee said: "You ask me to revoke
an order that has already been made by the
Quarter Sessions Court. L can't do it, and
1 viii say that nothing will be done in this
matter until Judge White returns"
Mr.. Cohen-But, your Honor, suppose
Judge White doesn't return for a month?
Judge Magee-I can't decide cases that
Judge White has already decided. 1
wouldn't try any cases at all if other judges
undertook to come in here and try my cases
after had disposed of them.
THE THIRD ENDEAvoR.
Attorney Cohen here exhibited the petit
ton drawn up for the committee of whole
sale dealers. as printed in The DISPATCH
yesterday. He said:
'Your Honor, these are petitions from
wholesale dealers. and the questions in
volved are legal points, not dispute as to
Judge Whites veracity."
Mr.. Cohen insisted further and main
tanned that the Quarter Sessions Court never
dies. He held that it is always in session,
and the absence of Judge White had moth
ing to do with the matter. Judge Magee
was present to act.
J. S. Ferguson, ESQ.,, took up the argu-
or1 hot rrho in
the applicants had been illegally refused.
Under the act of 1887, with reference to
wholesale dealers, he held but three condi-
tions were implied. They were: Is the ap-
plicant citizen of the United States; of
good moral character, and has he the amount
of license fee. No question was raised at
all as to the necessity.
Judge Magee reiterated that he would not
take any action in the direction ofreversing
Judge White.
Mr.. Ferguson continued, saying: "If we
can show legal debatable question, these
men have a right to be heard. 1t means an
annihilation Of their business"
Judge Magee replied that whatever would
be done would not be until the return of
Judge White.
SEND FOR THE JUDGE.
Mr.. Cohen said that perhaps the fact of
the presentation of the petitions might hurry
the return of Judge White. 1t would not
be proper for them to request Judge White
to return, but if the petitions were permitted
to be presented it would be perfectly proper
for the Court to notify Judge White that
they awaited his disposal, and that fact
might induce him to give means for a hear
ing.
After some further debate Judge Magee
said that he would allow the petition to be
filed, but that no consideration would be
given it without the sanction of the rest of
the Court.
Mr.. Cohen and Mr.. Ferguson stated that
that was satisfactory, and that they would
file petitions for other clients this after
noon.
Mr. Cohen added that he had a petition,
signed BY a large number of citizens of AL
legheny county, in connection with this
matter, which he thought proper should be
fled at this time.
Judge Magee answered: "Now I wish
you to understand that while / allow this to
be done, yet l will not decide this matter
unless it comes through the rest of the
court"
The attorneys were profuse in their ac-
Quiesence.
Judge Magee took the petition of Mr..
Fleming and Endorsed it:
The within petition ordered to be filed and
not to be heard in the absence of Judge White.
PER CURTAIN.
THE LAWYERS INTERESTED.
A question of Judicial courtesy having
been raised in this matter, attorneys gen.
erally were much interested in the outcome
of yesterdays proceedings. In reply to a
reporters inquiries, Major A. NJ. Brown
said:
81 have thought the matter over and
would prefer waiting until Judge White re-
turns, that the three judges may sit in
bane and hear the petitions. That, think,
would be nothing more than proper. If the
remaining two should consider and act
upon any Of the refused licenses in Judge
Whites absence, it, in nv mind, would not
be judicial decorum. Judges Magee and
Bailey consented and sanctioned judge
Whites hearing of the applications, and it
would be very unjust to undo anything he
has done without first consulting him. At
any rate, my idea is that it is customary
that all three should sit in banc, as 1 said
before, to hear these petitions. Last year
they did so, and admitted they had erred;
therefore consenting to some rehearings. 1
think Judge White has grossly erred in his
DECISIONS and / see no reason why when
one person errs that rehearings should not
be granted this year the same as when three
judges committed errors last year"