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


Prom the Pittslurg Commercial Gazette.
As was TO have been expected, the license
decisions Of the Supreme Court have elected
wide comment, not only among members OF
the press and Tie bar, but among all other
classes OF citizens. The most singular phase
Of the controversy is the attitude of Judge
Gordon. of the Philadelphia License Court
As rule. whatever opinions the Judge of
an inferior court may hold he does not re-
assert them after the law has been laid down
bv the appellate court. lie may submit gra-
ciously or ungriciously, but submit he must
judge Gordon, however, in the matter Of the
order made by his brother Judges granting
license to the Prospect Brewing Company,
as directed by the Supreme Court, filed pa
per in the nature Of dissent from certain
parts Of the decision Of Chief Justice Pax
son. That he is not disposed to let the mat
ter drop even there is apparent from the re-
mark that he reserves the right at later
day for setting forth at length the reasons
for his action
This protest Of Judge Gordon is not extra
ordinary under the circumstances. The Su-
preme Court. realizing that the Judges when
reversed are expected TO submit uncomplain-
ingly, seldom indulge in harsh criticisms of
their action. The Chief Justice was not only
very severe, but put himself in very awk-
ward dilemma in his attempt TO rebuke the
lower court. After laying down the propo-
( sjtion that one Of the conditions for grant
I ing a wholesale license is that the applicant
must be a person Of good moral character,
the Chief Justice ridiculed the answer Of the
I License Court for having said that so far as
f il was possible for a corporation to possess
I any moral character the Prospect Brewing
Company did no; possess agood moral char
acter.n The Chief Justice says be finds dit
/ fculty in treating this proposition seriously,
+ and adds THAT a corporation, an invisi-
I BILE. intangible lhing-an artificial thing ere
( ated by law-can have character OF any
I kind is a novel proposition Just here the
/ Philadelphia Pre,s is moved TO ask: IF
then. .the Prospect Brewing Company cannot
I have a character Of any kind, how can II Sc
cure a license? unless that invisible, in
tangible thing is "a citizen of the United
I States. OF temperate habits and good moral
character by what authority of law does
! the supreme Court order the Court of Quar-
/ ter Sessions to issue to il a license?' The
/ Press has also this comment to make on the
decision
"The apparent al and unusual emphasis
with which the Supreme Court reyerses the
! License Court in this matter il, however, not
/ a little surprising. When it says that the
/ license Of a brewer authorizes him to sell
I beer to any who are willing to buy. licensed
| or unlicensed il makes a decision hardly
/ called for by the case and which is nOtih-
/ cation to all brewers, distillers and wholesale
liquor dealers that they may do their part
toward promoting the violation of the
Brooks law by unlicensed retailers without
incurring any risk whatever. A wholesome
restraint against illegal liquor selling is thus
removed by this decision"
The Philadelphia Iaqaler while declining
to comment on the decision in the way OF
I argument, SAYS 1t may be noted that the
retail liquor trade will derive no comfort
from this overruling Of the license Judges.
A. to wholesale dealers they may be attack
ed by remonstrance, and the league now
being organized will doubtless see that this
detail Is attended to hereafter ION its
face, continues our contemporary, the de-
cision appears TO be blow 70 the cause OF
Temperance, but an examination of its Ian
I guagc shows that it is not"
The Philadelphia Times remarks: The
license act entrusts the Judges with nearly
absolute discretion concerning the persons
TO whom retail licenses shall issue but
brewers. manufacturers and wholesalers
are not subject by law to the Judicial discre-
lion expressly provided forthe control Of the
retail trade The practical effect will be 10
require the issue Of most Of the wholesale
licenses that were refused but this rather
emphasizes the discretionary powers of the
/ ] s,.,,,sa s,f,rs r.s-o r1ire, ratasieru