Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-10
NO REHEARINGS
Judge White Settles That
Question for Good.
HIS FIRST DAY IN COURT.
Josiah Cohen Calls His Honor's At.
tentiOn to Many New Points.
ALL TO GO TO THE SUPREME BENCH
Retail Dealers Appoint Committee Against
Prohibition.
ILL TO GO TO THE SUPREME BENCH
TIE BREWERS FIX THE PRICE OF BEER

severing attorney will carry them to the
Supreme Court next.
It was the Judges first day at the Court
House since the night he announced his de-
cisions. He came to the city early yester-
day morning, and arrived at the Court
House few minutes before 9 o'clock. The
early loungers on Grant street greeted
him with a CHEEKY Good morn
ingI" and the old man who runs
the elevator started it the wrong way, so sur
prised was he at seeing the Judge back again.
Bis Honor upon reaching the Common Pleas
rooms passed into his private chamber, where
he perused THE DISPATCH. He was appar-
entity much interested in the latest utterances
of George ShiraSs Ill
A LONG CONSULTATION.
At PISS one of the tip slaves. carried a card to
him from Josiah Cohen and the latter was ad-
mitted without delay. Mr.. Cohen was closeted
with Judge White until ll:45 O'Clock, when
the latter appeared and started for Hagan's
restaurant to get his lunch. MIR. Cohen
stuck to him closer than a brother,
and all the way down street the
attorney used every argument in his power to
make the Judge see that it was necessary to
grant several petitions for rehearings. Judge
and attorney dined together. Upon coming
out of the restaurant they met W. S. Brown,
Chief of the Bureau of Water. Mr.. Brown
shook hands with the Judge and congratulated
him, probably upon the fact that moro water
would be drank in the future than there was
in the past and the receipts of the department
would increase accordingly. At the postoface
the Judge met James W. Drape the real estate
agent who shook hands, probably upon the
number of good business locations that were
thrown upon the real estate market Going
up Fifth avenue again, the Judge met little
IL
of his cap, through which his hair was sprout-
ing, saying at the same time, "Howdy. Judge"
Most of the time the Judge kept his eyes riv-
ieted upon the ground. while listening to Mr..
Cohen, and it was only when accosted that he
would look up, and then in fearless kind of
way which showed that he was not moral
coward.
ARRIVES AT A DECISION.
Leaving Mr. Cohen at the corner he passed
into the Court House and sought seclusion in
his chamber. Then he considered the matter
presented to him by Mr.. Cohen, and after con-
sulting with Judge Ewing he wrote an opinion
and order on the application of 7. ID. Casey for
a rehearlng. 1t is intended to answer all such
applications. Itis as follows:
In reapplication of 7. d. Casey for wholesale
license; White ]. Quarter sessions, March
z. License application for rehearing.
No application for license, whether retail or
wholesale or any other, was refused because of
personal feelings toward the applicant, or of
any personal opinion as 70 the lQuor business
or because of any private information OF any
information received after the applicant was
heard in open court Every case was decided
upon the evidence received at the time of the
hearing. In every case where the evidence
showed that the applicant had the qualifica-
tions required by law, and had kept the laws on
the subject the license was granted In every
case refused the evidence showed that the ap-
plicant had not the qualifications. or the house
was wholly unnecessary, or the applicant had
been guilty of repeated violations of the law,
or had carried on his business in such an i'm
proper and illegitimate manner, that it would |
be unsafe and dangerous to the public welfare |
to renew his license.
No case was decided hastily, or arbitrarily.
Every case was considered most patiently |
and thoroughly with the sincere desire |
and earnest effort TO do Justice and |
carry out the law in its true spirit and |
interest. As every applicant was fully |
heard and had an opportunity of. answering or |
explaining every allegation made against him, |
there is no good ground for a rehearing in any |
case. Besides, if the rehearing were granted |
in aDv one case ii would certainly involve re- |
hearing in nearly all refused cases, which would |
require weeks of labor and in all probability |
result in greater dissatisfaction. For these |
reasons think all applications for rehearings |
should be refused.
THE FAREWELL ORDER.
Attorneys representing this and other appli-
cations for wholesale license contend that the |
Court has no discretionary power in applica- /
tions for wholesale license. That question
was raised last year when Judge Ewing sat |
with me in the License Court We heard |
counsel on the question then. Both of us
interpreted the law as giving US (the Court /
discretion, and we acted upon it then. This
year heard brief arguments by counsel on the
question during the hearing, AIS we are both
of the same opinion still there is no Ieed of
further argument; besides, it would only cause
delay in getting the question before the
Supreme Court. In the paper filed in No. l,
stating the grounds upon which acted in
granting and refusing Licenses l referred to
the legal question involved, and briefly stated
my view of the wholesale act as giving the
Court discretionary power.
Both my brethren on the bench, Judges
Ewing and Magee, agree with me in the con-
clusion not to grant any rehearings, and also
write the following order:
And now, May 9, 1859, the motion for rehearing
In this case, is refused
enter upon the record Of each case where motion
Is pending for rehearing refused for reasons
given in the opinion filed in the case Of I. ID.
And it is further ordered that IT, on appeal to the
this court should be reversed the decision Of the
Supreme Court will be applied to all refused cases
OF similar character. This order is made to.save
sas each Ssse anu Oh PaR cRn
JOSIAH CoHEN's NEW POINTS.
Judge White had over two hours converse
'tion with Judge Ewing as to whether the cases
should be reopened or not Judge Ewing de-
clined to interfere in the matter in behalf of
anybody. After drawing up the opinion in due
form he carried it to Judge Magee, who read it
and concurred with Judge White The former
was trying the Starr railroad case in the Crimi-
nal Court and after Is minutes conversation
between the two judges the opinion was hand
ed over to Clerk of Courts McGunnegle to
make record and act as per instructions.
The new points presented to Judge White by
Josiah Cohen, and upon which the latter will
carry his cases to the Supreme Court, were ex
planned TO the writer by the attorney, who said:
I'm my talk with Judge White went over
great amount Of ground and tried to show him
where it was absolutely necessary to recon-
slider some Of the applications. ! had a copy of
the Brooks law with me and showed il to Judge
White, with new constructions placed upon
parts of the act. called his attention to the
fact that in the wholesale act second section
in referring TO wholesalers the law says that |
the Court shall hear remonstrances but in
the third section of the wholesale act
which refers to bottlers, only, il does not say
So 1t may be that the words in the second sec
fion also refer to the third, and were not
placed there because it was not necessary to
put them IN each section. This matter is of
great interest to the bottlers, and will furnish
good basis for argument in the Supreme
Court"
HOW HIS HONOR ANSWERED.
"win you carry it to the higher court your
self3"
] will not say that will but it will be done by
somebody else if not by me- told Judge White
of this, but he did not seem to think it worth
while to reopen the cases upon this point. Judge
White seemed TO think that all the legal ques- :
tions which have been raised have been de- :
termined by the courts, and there was no ne
cessity for any rehearings of any of the appli-
cations.
i called his attention also to the fact that e
discretion under the clause referring to whole {
salers is discretion only as to the character of
the applicant and not as TO the necessity of the j
business. IDon this noint aiea rra will ID anna.
thing In the Supreme Courtn
Judge White was aceOsted by reporters after