Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-12-30
The Announcement of the License
Law Defect Agitates Deal
erS and Attorneys.
AN OPINION FROM JUDGE SLAGLE
Practically Nulliies the Newt ct, and the
Applications Will BE MadesInder
Last Years Forms.
THE VIEWS OF THOSE INTERESTED.
All the Pittsbu1g Members Supported the Bill When
Before the Legislature.

Judge Slagle, who will be one of the,next
License Court Judges, gave it as his opinion
yesterday that retail license applicants
must procure their bondsmen in their re-
spective wards Just as they did last year.
In other words, the Judge construes the
LIQUOR law of 1891 as being no law at all and
in accordance with his opinion Clerk Nc
Gunnigle will have the license applications
prepared as they were made out last year.
The discovery of the bungling work of the
Legislature, an account of which was pub
lished exclusively in THE DISPATCH yes
terday, created unbounded confusion among
liquor dealers, both wholesale and retail
The retail dealers were especially eIer-
cised. From early morning until the close
of office hours yesterday retail dealers from
every section of tine two cities, and from the
boroughs and townships crowded into the Of
fee of the Clerk of Courts hunting for in
formation. All of them had read the law as
it was issued by the State, but none Of them
lad dreamed but that they could so any
where within the county lines for their
bondsmen. They are uncertain whether the
bGngling amendment killed itself or killed
the law which ii was intended to change,
and they are not entirely clear whether it
would be worth their while to even make
application for license.
The Attorneys Were Very Busy.
Besides crowding into Clerk McGunnigle's
office the dealers rushed to their lawyers
for some definite information, but the at
torneys were unable to throw much light on
the subject. ''It all depends on the judges
They must rule on the law, was the deci-
sion of all the attorneys and the dealers re-
turned to their business more confused than
ever.
Clerk McGunnigle was little less troubled
than were the saloon keepers. He had
already ordered printed the blank applica-
tions and the blank bonds to he distributed
among the dealers. His order had been
filed by the printer, but the discovery of
the legislative blunder left HIM uncertain
what to do. Judge Ewing had given him
hut little information the day previous.
The Judges who will hold License Court
were not on duty yesterday and Mr. Nc
Gunnigle was compelled to visit Judge
Slagle at his home. The butchered law
was shown the Judge and he ordered that
and bonds must be prepared as they were
last year. This official information relieved
Mr.. McGunniCle. He returned to his
office, issued another order for blank appli-
cations and bonds and says everything will
be in readiness for the liquor license appli-
cants at the proper time.
The Intent of the Amendment
The effort to amend the Brooks high
license law was made at the last session of
the Legislature in response to a general de-
mand from the saloon Keepers of the cities
of the State The intended amendment was
to allow the license applicant to secure his
bondsmen in any part of the county in
which his place of business is located, in
stead of being restricted in securing bonds
men in the ward in which the saloon is
located. In certain wards in all the cities
of the State the property owners do not
live in the ward, and it is al
wavs difficult for the saloon keepers TO
satisfy the law in regard TO the bondsmen.
They all applauded the amendment.
They were anxious TO secure other charges in
the law, but We're satisfied with the amend
ment granted them. The amendment which
she Legislature evidently intended to adopt
was considered the most important of many
amendments introduced into the Legislature
and II was chosen for adoption by the COM
mittee to which all the amendments to the
Brooks bill were referred. An effort was
made to have the same amendment passed
lsy the session of 80, but all liquor legisla-
tion at that session was tabled 20 give the
Brooks law chance to assert itself.
Thinks 1t Nuilifes the Increase.
T. ID. Casey, the Liberty street whole
saler, when seen yesterday contended that
the legislative blunder nullified that Sec
tion OF the new LIQUOR law which increases
Il g. g. q IL.
if the courts decide that the Brooks law has
not been changed in regard to the location
of the bondsmen they must decide that the
amendment regarding fees must also fall.
Many other wholesale dealers contend
that the fee feature of the amendment to the
Brooks law has not been affected and that
il will stand at $1,000. Discussion among
the wholesalers was decidedly lively yester-
day. They, too, consulted their attorneys,
and, while they were not uneasy regarding
Pittsburg, they are fearful that in other
counties in the State where they have Gus
toners, with the courts always ready to grasp
at any excuse for refusing license, the
legislative blunder will supply the excuse
1t is certain that the Judge or Judges in
each county in the State must rule on the
question, and should any of them rule
against the license applicants it would be
necessary to carry the case to the Supreme
NouFl IOT decision.
The Construction of the Law.
''The Court has no authority or power to
construc the law as the Legislature in
tended to make it, but as they find it in the
statute books, " an attorney said YESTERDAY
"Who in the world can tell what Pennsvl-
vania's Legislature means, when its men,
bers can't say themselves what they mean.
1t is certain that the confusion and blunder
in the proposed amendment to the Brooks
law will create trouble, and if L mistake
not will furnish considerable grist to the
LAWYERS mills. The amendment was in
tended to relieve the saloon keepers, but
from indications it will be an expensive
LUXURY for them"
The Pittsburg members of the Legislature
came in for considerable abuse bv the saloon
keepers yesterday. The Pittsburg members |
of both Houses supported it.
''Our people were too busy looking for !
street contracts down in Harrisburg last |
session to read the laws they passed." one |
saloon keeper said. eve thought we had a |
nice thing in the amendment, but now we |
find that Mr.. Brooks and his bill had better |