Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-16
A REVISED VERSION
Of the Brooks Law Suggested
in Interviews With
MANY LEADING LAWYERS,
Applicants Not Given Sufficient Time
for Hearings.
LICENSE COURTS AS LOTTERIES

Dissatisfaction over the License Court anc
its results exists not in any particular local
ity, but is strongest in Allegheny and Phil
adelphia counties. 1t is not the wall o
defeated applicants, disgruntled lawyers
angry politicians or professional soreheads
1t comes from the best men in business and
at the bar, as we'll as other classes. In fact,
1t is united protest against present meth.
DDS of issuing licenses and hearing appli-
cants. Last year the feeling was strong,
and this year it has become power
In Pittsburg complaints have been nu-
merous, and following this came cry from
Philadelphia, on the announcement of the
licenses there. In that city there is much
talk of having an excise board appointed.
In Pittsburg there has been some talk of
the same nature, and THE DISPATCH has
gathered information regarding the best
method of remedying the present state of
affairs. The suggestions CLEANED and ag-
gregated seem to point to something like the
following:
ONE WAY OUT OF IT.
Thai the Legislature be asked to provide
for the appointment of license commissions
for each county in the State; that these
commissions have all the powers in the
matter OF licenses, which are at present vested
in the courts of the various counties; that each
of these commissions be composed of three
members. two of whom shall be from the ma
Jority party in the county from which they are
appointed. and one from the minority party;
tnat there shall be president commissioner,
who shall be thorough and competent attor-
ney Judge of the courts in the
county from which he shall be
appointed. and that his two associates shall be
honest and competent business men; that all
applicants for any position on these boards
must first be recommended by the bar associ-
alton of the county, or by the bar in general
where the attorneys have no organization; that
from the persons SO recommended the Legisla-
ture should make the appointments, which
must be ratified by the Governor: that the
term of office of the President Commissioner
shall be ten years and that of his associates five
years; that each county shall be divided into
four districts, and that the commissions shall
hold four terms of License Court each year;
that ample time be taken with each applicant
to thoroughly investigate his case in every par
ticular; that the decision of the commission
shall be announced on the day following his
and in case he be granted a IL
cense it shall be issued from that date to run
for one year.
A WAY TO DECIDE.
A majority vote of the members of the COM
mission should entitle an applicant to a license,
and In case of a division, that opinions from
both sides be handed down; that at the end of
each quarter these commissions must make a
-eporrs to the courts of the county OF their
work done, these reports to be accompanied by
report from the chief of police of each dis
1ucted, what arrests have been made in such
places. the amount of crime resultant from
he liquor trade, the number of prosecutions of
Illegal liquor sellers. and the number and loca-
ion of all illegal saloons, if there be any, in
heir respective districts; that the salary of the
)reSidenr commissioner in counties having
,ver 100000 Inhabitants shall he the same as
hat paid to judges of the courts in those coun-
les. aud the associates shall receive ST. 600 a
TeaT: in the other counties the salaries of the
members OF the commission to be fixed by the
county Commissioners of the various counties:
hat TO defray the expenses of these COM
MISSIONS each applicant for license shall pay in
.ddirion to his regular fee the sum of SIS more
II less, as may afterward be fixed by the courts
# the different counties.
THE WHOLE STATE IN IT.
Although such act as the above is only |
eeded for Allegheny and Philadelphia coun- |
les, it would have to take in the whole State. |
S special legislation on such a subject would |
ot be constitutional. Among the advantages |
o be gained by such legislation are the follow |
AT pItScub Tie COuTlS III DOIn Alle-
heny and Philadelphia counties are i
rowded with work, and all the time
aiken up by the License Court throws the |
ther legal business SO much further back.
)ther business is pressing all the time and |
therefore, the License Court must be rushed |
through in the least possible time. Examna-
ions are SO hurried that the Judgment of Solo,
non would be hardly able for the task.
At the present court the average time for
earring each applicant was 81 minutes. As
ONE applicants took up 80 minutes many of the
thers had to be hustled through in IL
MINUTES. Before that court were men who
ad been in the liquor business all their lives
hey had from s100 to s25 co., OF possibly
lore invested. To them the refusal of a
cense meant financial ruin. Yet with all the
theirs they could only get hearing of less
light to better chance. All sentiment aside,
hese men were in a business which has been |
ronounced legitimate; they had everything IN
ested in ii, ana. it is asked. could a real lust
ecision be rendered on case of that kind in
D limited time? Should case involving
nat amout OF money come up before civil
ourt the judge would patiently listen to
and lawyers addresses for DAYS and.
necessary, for week.
THE COURT NOT TO BLAME.
The judges are not held to blame because
hey must dispose Of the applicants in so sborta
me. Other business as well as licenses must
e attended to by them. The proposed COM
lloolOu, Ou bhO ObhCI hduut WOulu neeu ONLY TO |
xamine a few cases a day. Then a LAWYER
ould be of some use to an applicant.
nd the chance of good man getting a license
ould be greatly increased. 1t would bring
ut better class Of men as applicants and stop
lie lower classes from applying. When such
zen were once refused by commission, and
ealized that for ten years they would have to
ice the same men, they would readily see the
opelessness of their cases. Such a commission
ould be able to make a study of the license
uestion and know better how to select men |
conduct saloons in the different parts of the
ty. The man who would do to fling schooners
the Point would hardly be fit to serve wines |
Shadysde. They would also learn to better
,gulaJe the wholesale business
The plan as above suggested would also TO |
reat extent. shut out politics. The fact that
ar associations should first approve of appli-
lnts for the positions cuts away much of the |
lance of politicians capturing the offices and |
them for their own profit An
.her feature which would settle a disnute is |
lat the police would be compelled TO look
tier speak easies, and the fact that reports
id to be made by them each quarter would yir- |
Ially solve that question.
Many local attorneys were interviewed on tho |
Doye plan. and with but few exceptions ali |
ere in favor of it as a good remedy for the |
'esent difficulties When = A McCiupg was
ked for his opinion. he said:
A MUCH-NEEDED PLAN.
''Ghe plan is good one and it is much !
,eded. The courts are too crowded 70 look
ter the License Court, and in fact the dignity
the court is lowered by 1t. The judges are
mpelled to makeso many offhaEd decisions
at the people begin to regard the Judges
emselves as the cause of all punishment. and
rget the fact that they are but putting into
feet the law. As at present conducted, the !
cense Courts are little more than lottery,
1u might as well put the names in a box and | r
AXE out the winners as to expect to arrive at
sht conclusions in such short examinations :
would require omniscince to give proper /,
dgment it, a siX-minute hearing. The courts !
e not to blame. Their endeavors are all hon. |
:, but in the time they have they cannot give t
ything but superficial examination. =
The plan suggested would cover all these
hculties. BY having the Bar Association \
ntrol the applicants. the best of men would 4
put on the commission. The only trouble I /
; is that politicians might object to having n
rich a MUM Iaken nuI of their cnnfrnl ,rnt | Y