Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-04-26
POINTERS ON LIQUOR
Right of Wholesalers to Occasionally
Compound Their Goods.
A STATUTE AND IT'S APPLICATION.
Dealers and Lawyers Express Their Views
Upon the Subject.
THE TRICK OF COMBINING WHISTLES

court between George H. Bennett, of Ben
nett Brothers, Attorney Christy and Judge
White on the subject of cempounding
liquors. has stirred up considerable thought
on the question as to whether wholesale
dealers who occasionally combine favors of
old whiskies-sometimes old and new-are
compounders within the meaning of the
law. Some were reticent in that they re-
fused to be quoted, but as a general thing
wholesalers contend that occasional mixing
TO suit particular fancies is not compound
ing in the legal sense of the term.
Mr.. Bennett stated that when a customer
wanted barrel ofwhisky below the highest
standard and the gauger superintended the
weakening he, Bennett, would call that
compromising as well as the mixing OF
different brands. He said they had no
special views on the subject, and would, of
course, pay the extra $500 license ii it were
decided that an occasional mixing of liquors
constituted them compounders. He quoted
the law on the subject, as follows: .--
"Wholesale dealers. brewers, distillers.
rectifers, compounders, storekeepers and
agents having stores or offices shall pay for
each separate store, brewery, distillery, rec
tifying or compounding establishment or
agency, first, second and thIrd-class cities,
a year license"
Only an Incident of the Business.
Rectifying and compounding are not
necessarily the same, and while whole
salers all occasionally do the latter, but few
of them rectify. W. J. Friday states that
Mr.. Bennett had fully expressed the situa-
tion in his remarks in court on Thursday,
but he (Mr. Friday) said be felt confident
that an occasional mixing of liquors was
only an incident in the business of whole
salers, and did not make them compoun5ers
in the general and legal sense of the term.
1t may strike some people as strange that
an enactment of 1887 should be in iorce four
years without some lawyer raising this point
previously, but they should understand that
the Pennsylvania Legislature can grind out
laws so rapidly that even lawyers are not at all
likely to be familiar with many of them un-
less they come in contact with them in course
of practice. though one would suppose that
LAWYERS who have had one eye on the license
matter from year to year would have caught
on sooner. One of them suggests that the
idea may have been originally struck out
side the profession and tnat some interested
party in the business may have first noted
the classification. Further lawyers, as a
class, may, and undoubtedly did not. know
enough of the business to be critical-may
have had an idea that wholesalers were ex-
neceSsitate compounders, or even rectifiers.
Most attorneys seen had no opinion to e1-
press and professed themselves ignorant of
the exact reading of the law. The following
persons had something to say in general
way:
Most All Wholesalers Compound.
T. j. keenan, was OF opinion that most
wholesalers did compounding business,
and he said it was in some instances q very
dishonest one, some favorite brand being
used to the extent of a limited number OF
gallons to flavor very poor and cheap
whisky Mr.. keenan,, however, was not
prepared to say that the occasional drop
ping into the blending business would
make man a compounder in the legal
sense OF the term.
R. B. Parkinson said he had not read the
law, but that a statute must be rendered
literally. The fact that a man supposed he
was conducting business legally and the
cuse him when someone pointed out an
error, any more than bogus divorce sup
posed by the holder to be legitimate sever
ance from his wife would protect him from
the consequence OF charge of bigany. Mr..
Parkinson was of opinion that the separate
mention or classification of the different
branches of the business would require a
wholesaler who occasionally .mixed
drinks" blended whiskies, whether for
profit or for customers accom-
mediation, would render him liable
to the extra license as COM
FOUNDER, but as to the actual state of the
until he had read the law, and as it was not
further.
An Extra License Needed.
Henry Never had not given the matter |
any thought, but as the different occupations
were named separately, he was of opinion
that a wholesaler could not compound even
without taking out the extra IL
cense.
7. Ii. Davis, in common with the majority |
of his legal brethren, had never given the |
subject any thought, but he supposed the |
State might follow the precedent of the gen.
eral Government, which gives three licenses.
among them one for compounding. Mr.. |
Davis, however, would not render formal |
opinion without investigation.
Mr.. Fitzsimmons, of Robb & Fitzsim- |
mons, said that as an off-hand opinion he |
would suppose that il wholesalers CON-
pounded they must also pay compounder's |
license.
A Lawyers Pronounced Views.
C. T. McKenna was the first lawyer |
found who had a pronounced view on the
H. li.1 L..
subject to a compounder's license unless
they operated separate establishment for
that purpose. Mr.. McKeuna's attention
had been drawn to this phase two years ago,
and he said the Philadelphia courts had
thus construed the law.
"But," said the interrogstor, "why did
Mr.. Christy make the assertion that whole
salers were violating the law?"
"Oh," said. Mr.. McKenna, 81 suppose
Mr.. Christy was getting off Il little pro bono
publco. That is nothing unusual with
lawyers"
D. H. Martin agreed with Mr.. McKenna
in that he considered that wholesalers would
not be obliged to take out a compounder's
license unless they run a separate establish
neut for that branch of the business.
EI-Sheriff Hunter furnished copies Of the
different kinds of licenses granted, whole
'alers, retailers, brewers, bottlers and brew
srs. He showed that there was no reference
made on them to compounding or rectifying.
The United States Bottling License.
Captain Dalgleish directed attention to the
act that United States license for bottlinc
specifies that the holder is only authorized
o sell vinous, native wines and malt
liquors, while the Brooks law is silent on
he subject, and yet some bottlers bottle and
eli old Monon gahela, old Bourbon and all
linds of whiskies.
The amount of license that first-class