Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-02
MOST IMPORTANT MOVES.
WelI-Known Attorneys Take Measures TO
Bring BOttIers and Wholesalers Up in
Bnuc-HoW They Work IL.

John S. Robb, Esq, yesterday afternoon
took out appeals from the decision of
Judge White in refusing liquor licenses to
Einstein & Co., Major C. W. Kraus,
Charles Freel & Co., F. Hampe, Thomas
Murray, Hugh McCutcheon and John
Kannofsky. In all seven cases MIR. Robb pro-
cured writs of certiorari to the Supreme Court.
These men are all beer bOttlers.
The grounds on which the appeals are made
are that the Court of Quarter Sessions of Allie
gheny county had no discretion in the matter
of granting licenses to bottling establishments,
and that the court below erred in refusing
them. 1t is claimed that the court must grant
licenses to all applicants who show that they
are citizens of the United States; that they are
of good moral character; that they file their
bond, and that tender be made of the amount
of the license fee. The question of bottlers,
license has never before been in the Supreme
Court, nor has the point of law involved ever
been carried to that tribunal.
Attorney Morton Hunter yesterday, followed
by number of wholesale liquor dealers who
had been refused license, entered the Clerk of
Courts Office. He presented petitions and
bonds in the cases of his clients, demanding
that wholesale licenses be issued to them under
the provisions of the old law of 1872 He was
referred to the Treasurer to whom he pre-
the licenses The Treasurer refused to accept
and declined to approve the bonds. Clerk of
Courts McGunnegle followed by refusing to
register the bonds. This course of action was
merely preliminary, and to-day OF tomorrow
Mr.. Hunter will apply for a maDdamus on
Treasurer Hill and Clerk of Courts McCunnegle
TO compel them to issue the licenses under the
old law. This will test the assertion thai the
wholesale act does not come under the Brooks
law The cases Mr. Hunter is working on are
those of j. G. Buffum q Co.. First ward: II. L.
Berger, Second ward; John T. I. RObtzer,
Fourth ward; John Thier Sixth ward; William
F. Kaiser, Seventh ward; L. ]. Bartlett, John
Stewart, Ninth ward; Robert Dunwoody;
Twelfth ward; George Gothardt. Fourth ward,
= Allegheny.
Petitions for rehearings were filed yesterday
by Emil Saeltzer, wholesale dealer, and Morris
Rosenthal George Tam. David Hardy and
William p. Mack, retail dealers Saeltzer
holds the Judges discretion did not extend to
wholesalers.
ers' cases to the Supreme Court just as soon
Judge White returns home He has to wait in
order 70 get record of the cases, which can
only be secured on Judge Whites order.
The great problem with unlicensed saloon
keepers now IS how to get the large stock of
il, they are in some instances financially un-
able TO 90 East or West TO get wholesalers to
take il at discount, and they are too poor to
give it away A well-knOwn lawyer makes this
suggestion:
Il see no reason why dealers who owe money
cannot let judgments be entered up against
them. and execution will then issue. Then the
Sheriff will take possession and sell out the
stock In cases where there are partners q
receiver could he appointed. The same could
be done by an assignee in my Judgment The
Sheriff, a receiver and an assignee are legally
constituted officers and would need no license
and are required by law to take all the time
necessary to close uD business nropertE"