Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1889-07-19
Retail Lie enses in Allegheny Co.

On Monday of this week Judges Ewing
and Magee, of Allegheny county, conSid-
cred the apple ations of the retail Ii
quor sellers for revision of the license
list. and the letter from Judge White.
Then they went over the testimony taken
before Judge White, and is taken for grant
ed that many of the retail licenses refused
by him will be granted.
Judge Whites letter is as follows:
SEwIcKLY, July l3, 1889.
JUDGES EWING AND MAGEE:
When l held the License Court l be-
lieved, and still believe, the retail and
wholesale acts of 1887 We're intended TO
restrain and regulate the sale of vinous
and spiritous, malt and brewed liquors, as
declared in the title OF the retail act, and
that they should be construed together.
For that reason l refused applications for
wholesale and bottlers' licenses when the
evidence satisfied me they were unneceS-
sary or the business had been, or would be,
conducted in an improper manner-es-
pecially and mainly as establishments for
selling by the quart or gallon, in bottles,
Jugs and buckets to the neighborhood.
These 1 regarded as little more than retail
houses, although within the letter of the
wholesale act Wholesale establishments
l have always understood were such as
sold to those engaged in the retail
business Those wholesale and bottling
houses which sell by the quart. jug and
bucket to the neighborhoOd, | believe
cause more intemperance and greater evils
than regular retail houses.
But it seems from newspaper extracts of
the recent decision of the Supreme Court
(I have not seen the full opinion) | was
mistaken in my construction of the whole
sale act and mistaken on the rule on
which l acted In the case of the whole
salers and bottlers, it is said, the Quarter
Sessions has no right to go beyond three
questions
l. Is the applicant citizen of the Uni
ted States,
9 Is he of good moral character
B Is he of temperate habits!
The Court has no discretion as to ehe
necessity of the house, the character OF
the locality, the extent of the business, the
M =; of conducting it, or the class of
customers since that decision. and in pur-
suance of il. all who We're refused, for
either wholesale or bottling, have obtained
licenses This materially changes the
condition of things and defeats the main
object of limiting the number of retail Ii
censes While | do not feel l made any
serious mistakes, yet, had l supposed that
all of those would secure license, | should
certainly have granted more retail licenses.
Greatly limiting the number of retail Ii
censes and granting license to all whole
salers and bottlers, is manifestly unjust to
many retail applicants. 1t is applying
one rule to retailers and another to whole
salers, without. so far as | can see, any
good reason for the difference.
If the Quarter Sessions had no discre-
ton as to wholesalers and bottlers, the dis
cretion as to retailers amounts to nothing.
1t results only in increasing the number of
quart and jug establishments, without re-
stricting the traffic or diminishing the
evils of intemperence.
deem it proper to make these. remarks
in view of the applications next year. II
it is so understood that the rigid rule
with reference to retail licenses will be
continued the Court will be overrun with
applications for wholesale and bottling Ii
censes, and the evils of excessive drinking
will be as great if not greater, than i'll the
worst days under the special act of 1872.
Better have thousand retail houses than
thousand quart and jug establishments.
As have made arrangements to leave
next Monday to be absent some time,
submit the whole matter to your judg-
ments, and will be satisfied with whatever
you do have only two suggestions to
offer, if you conclude to grant more Ii
censes:
l. Do not limit consideration to the pc
titioners in this application.
2 Give preference to those who have
hotels or restaurants.
W Il IVuITE