Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-13

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city and Commonwealth.
Without exception, lawyers hold that {
wholesale license carries with it the right tc
bottle. One of the most prominent lawyer,
said Yesterday: GA bother, pure auG
simple, pays only $500 year for license
but he can handle only malt or breweG
liquors, such as beer, ale and porter. A
wholesale dealer must, however, pay $500
and for the payment of that extra sum he
can deal in both spirituous and malt
liquors.
CAN SELL IN ANY SHAPE.
''It seems to me to be a plain proposition
that the holder of wholesale license can
sell his goods in any shape, as long as he
does not sell less than the statutory limit, q
quart. He can sell either in wood, stone OF
glass. If he can sell whisky in bottles he
can sell beer, and without question all the
wholesale dealers exercise the right, which
they undoubtedly possess, to compound, rec.
tify and change liquors from casks to jugs
and bottles. This carries with it a bottler's
privilege"
Wainwright s. Co., Spencer & Liddell,
| Pier & Dannals. the Iron City Brewing
Company, Herman Straub & Co. and the
keystone Brewing Company all applied Ior
both brewing and bottling licenses, and so
far have been refused the latter. This re-
fusal is not however, absolute. Attorneys
believe that the Court will wait until all
the applications, retail and wholesale, are
heard, and will then set day for the hear
| ing of arguments on the question of issuing z
bottling licenses to brewers. IT the Court
decides that such licenses cannot issue, there
will be an appeal to the Supreme Court
The Allegheny brewers are nearly all appli-
cants for both licenses.
CANDID OPINIONS OF LAWYERS.
Yesterday the law offices were besieged by
applicants for wholesale licenses whose
names did not appear on the favored list.
As a rule the attorneys were compelled to
| tell their clients that their chances are slim.
Nearly all the refused applicants, the law
yers freely say, fall under the statutory
terms of prescription. A majority of them
kept saloons under the old law which ruled
| prior to September, 1887, and almost with
out exception admitted before the Court
that they had been guilty of violations of
the law under the old regime. This brings
them under the statutory disqualification,
in the law of 1872. that they are not of good
moral character.
The grounds for bill OF exceptions, in
stated form, were laid in one case only.
This was the case Of Thomas Mulvihill, who
applied for No. 1904 Tioga street, in the
Twenty-frst ward. In that case Attorney
4
were a citizen of the United States, if he
were of temperate habits and of good moral
character. Those three are the sole require
ments of law, in wholesale cases, according
to the decision of the Supreme Court last
July. To any other questions Mr.. Porter
objected, and his objection being overruled,
he gave notice of exception. Yesterday
afternoon Mr.. Porter was unable to say
whether that case would be appealed or not.
He said that he had not yet had time to
confer with Mr.. Mulvihill.
ONE ISSUE TAKEN.
All attorne rs agree, in private converse
tion, that the court has no authority to re-
fuse license to any wholesale applicant be-
cause his place might not be considered
necessary in the locality. Some seem to
have been refused on that ground, and
they are likely to appeal. At any rate, no
cases can be carried to the Supreme Court
until after May 1. Before that tine the
attorneys interested expect to confer and
decide upon their course.
Judge Magee was busy yesterday review
ing and approving bonds presented by re-
tailers. Many have been rejected, and
must be replaced by better. All the
license papers for the 80 Pittsburg re-
tailers, granted one week ago, are ready at
the office of the Clerk of Courts, except in
the cases where new bonds have been re-
quired. Not over one-third have been
taken out.
Judge Magee said Yesterday afternoon
that the fact that a wholesale applicant did
not appear on either the granted or re-
fused list yesterday morning, did not mean
that the man would be ultimately refused.
Those cases will be considered later, and
the Licenses, as Judge Magee said, ''may be
granted or they may not be granted
NOT THROUGH WITH TROUBLE.
Joseph Hufnagle is not vet through with
the License Court trouble. He applied for
a retail license at the corner of Butler and
Forty-sixth streets. He had hearing on
March 25. There was strong remonstrance
against him, it being charged, among other
things. that he kept = speak-easy. He was
refused license.
On April II, Colonel W. D. Moore at |
tempted to secure a rehearing for Mr.. |
Hufnagle, but Judge Ewing would not |
allow it. Colonel Moore insisted that the |
allegations of the remonstrance, that Mr.. |
Hufnagle was an unfit person and had |
violated the law, were utterly false, and |
that it was unfair to allow a man to be |
traduced and ruined in secret without Civ |
ing him an opportunity 70 meet his accusers
face to face. "Why," said Judge Ewing,
''Mr. Hutnagle's own admissions in court |
were enough to warrant a refusal of a
license Colonel Moore insisted, with |
some show of temper, that Mr.. Hufnagle
was one of the most decent citizens of the
Seventeenth ward, but he could not secure
a rehearing.
Mr.. Hufnagle would not rest Yesterday
he went before Alderman McMasters and
complained against William Mushenheimy
a cigar manufacturer at 4519 Butler street,
3 IL
helm is charged with being the author of the
presented to court, the state
ments in which, the complainant alleges,
are untrue. The defendant was arrested by
Constable Heiner, and gave bail for his ap-
pearance tomorrow.
THEY DENY IT is DRY.
Henry Berg and Daniel Ritter, appli-
cants Tor retail liquor license, from Verona,
filed their answers Yesterday to the motion
of john r. Cribs and others, to dismiss
the applicants on the ground of the borough
being a prohibitory district. Thev DENY
that tine act of April, 1870, now or at any
time has been in effect in Verona or in any
part OF what is now Verona.
Judge Ewing yesterday refused to approve
the bond of Adam Holman, constable of
the Eighth ward, Allegheny. The name of
George Schad, who had been granted a
liquor license, appeared as surety and Judge
Ewing would not accept him. He said he
thought the constable bold to present such
bond, and he considered it very suspicious
for Mr.. Schad to go on it. He should not
have been asked to do SO. Holman left to
get another bondsman. Later several other
bonds .were refused because saloon keepers
were on them.
When the constable of the Thirty-second
ward appeared he was told that he had a
good field to work in and the Court exnected |