Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-06-14

ground that the law does not specify to
whom sales are to be made. The original
package decision says nothing about minors
or Incorporate people"
RevolutionIzipg the Liquor Business.
"But, Judge, aren't you revolutionizing
the whole system of selling Gquors?" inter-
posed the interviewer.
"Well, that is its logical sequence. In
the face Of the jury's acquittal on the main
count cannot see that Silverman can be
held on the other two. This acquittal
means that so far as Armstrong county is
concerned man can sell liquor in the orig
inal packages with impunity. Silverman
was the agent of q Cincinnati brewing COM
pany."
A number of other lawyers, who were
caught on the fly as they were going home,
do not agree with Judge Fetterman as to
selling to minors and intemperate people,
and they do not think that his motion for a
new trial on the ground of the reasons al
legged will hold. The general opinion
summed up was that the State had right
to make reasonable police regulations; that
prohibiting the sale of liquor to tine classes
named is not interfering with interstate
commerce, which is the principle on which
the original package decision is based.
Said B. G. Christy, Esq: ITO speak OF
this privilege as United States license is a
misnomer. 1t is not a license, but tax.
Where the State Steps In.
"The General Government says to man,
If you sell liquor we will tax you so much
ior it, but the Government. by that act,
does notnndertake to regulate its sale. 1t
gives him the right to sell in general way,
but the State also has the right for its own
protection to impose reasonable restraints.
The police powers of the State have been
recognized by the Government.
81 can't see how the Armstrong jury could
have acted otherwise under the original
package decision. 1t simply gives more
license, and makes the issue a national one.
1 think the Senate bill, excluding liquor
from articles Of interstate commerce, will
be passed, and it will be constitutional.
Certainly the same principle will apply to
the sale of oleomargarine. Why should q
distinction be made between liquor and had
butter9 The latter is surely ten times less
harmless. The truth is that the law will
apply to all objects of Interstate traffic, and
all State regulations are removed thereby"
E. Y. Breck said: This decision, of
course, will apply to oleomargarine. A few
weeks ago the Supreme Court of Wisconsin,
acting on the principle involved in the
original package case, decided that the
beef except certain conditions were complied
with would not hold. A law had been
passed that no beef should be sold in Wis
consin unless it had been inspected "a hours
before it was killed. 1t was mere subter-
fuge to do up the dressed beef men, for the
trainers of the law knew we'll enough that
inspectors would not be sent to Chicago to
examine the cattle.
Applies to All Articles.
1.-THE law will in general way apply to
all the articles of interstate commerce that
are now shut out by State regulations.
"But think the State has a right to
make reasonable police regulations. The
State does control the sale of poisons, and I
can't see why it would not be allowed to
prohibit the sale of liquor to minors and in
temperate people"
In conclusion Mr.. Breck stated that
Judge Reyburn was good lawyer, and the
case for the Commonwealth had been ham
be claimed that the acquittal would not
have much weight
When one lawyer was asked what he
he thought of the decision, he remarked:
"Did you ever see the man that made It?"
"No."
"Well, say no more about it until you do.
I don't believe other courts in the State
would decide that way"
However, the fact remains that many of
the LAWYERS here know Judge Reyburn, and
he is recognized by most of them as man
of considerable ability.
s. q. Trent thought that the original de-
cision was too sweeping and all at fault to
begin with. He thinks the Supreme Court
will yet modify 1t.
Purely n Police Regulation.
Attorney William Bremen takes excep-
tions TO Judge Fetterman's declaration, and
saws the law does specify to whom liquor
shall be sold. In a conversation with a
representative of THE DISPATCH last even
ing. Mr.. Bremen said: "The conviction of
MI. Silverman does not in the least affect
the original ruling of the United States
Supreme Court. Silverman was acquitted
OF selling liquor without license, but con-
yicted for selling to minors. The latter is
purely police regulation, and is part of the
law. The latter expressly says that persons
who sell liquors must not do so to minors,
insane people and Incorporate persons
Silyerman can sell all the liquor be wants
TO provided he sells it to persons within the
limit of the law. / do not think the deci-
sion will have any effect on persons who
contemplated going into the original pack
81 do not think there will be a great
many people 60 into the business of selling
liouor without license for the reason that
those who have license are not making any
money to speak of. The large increase in
the number of drinking places has cut the
nrofts OF saloonists to such an extent that
thew are not making half the money they
supposed they would.
Rather nm Expensive Experiment.
"Another reason for keeping people out
of the package business is the litigation
that is going on. 1t naturally makes peo-
ple timid, and every man who had any in
ten ton of opening a shop, is waiting to see
If the cat does not make an unexpected
iump. II the decision from the Supreme
Court had been handed down a year ago.
when we only had SO saloons and the liquor
business was financially better than
baseball stock, then we would
have had dozens of people who
would open package houses. To do so
now would hardly pay, but there is nothing
under the sun to prevent it. do not think
the saloon business would suffer any by it.
If man kept an original package house.
and carried on his business in strict con.
formity to the law, he would be like man
in the cigar business, who could only sell
tobies or cigars by the box. A man passing
along @ street, and wanting a smoke, would
not think of going into a story and buving