Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-01
S0RE0N THE NEW LAW
The Liquor Dealers Will Ask the
Right to Sell by the Quart.
READY NOW TO MAKE TEST CASES.
Ex-Judge Charles Fetterman is Preparing
an Opinion for Them.
MILL WORKERS INDORSE THE NEW MOVE

The wholesale liquor dealers are prepar-
ing to make big kick against the order
issued by Superintendent of Police Gamble
Weir last week to the effect that they must
act in conformity to the law passed at
the last session of the Legislature
regulating the quantity of spiritnous or
malt liquors that may be sold at one time.
This law was approved by Governor Patti
son June g. 1891, and is entitled, can act to
restrain andregulate the sale of vinous and
spirituous, malt or brewed liquors or any
admixture thereof by wholesale"
Under section . Of this act it is provided:
''That it shall not be lawful for any rectifer,
distiller or manufacturer to sell spurious
liquors in less quantities than one gallon,
nor any wholesale or storekeeper to sell
spurious or vinous liquors in less than one
quart, and brewed or malt liquors in less
quantities than u pint bottles, nor shall
any brewer or bother sell less than II pint
bottles of brewed or malt liquors"
The dealers claim that this law was en-
acted after their licenses for this year had
been granted, and consequently they should
be allowed to operate under the old law un-
til those licences shall expire. The Whole
sale Liquor Dealers Protective Association
of Allegheny county have met and decided
to secure legal advice on this point.
DON'T BELIEVE IT IS OPERATIVE.
Victor Dosch, President of the associs-
ton was seen last night. He said: "Yes,
sir; we were notified last Friday by Seper-
intendent Weir that we must not sell beer
in less quantities than u pint bottles, or
less than 13 pints or seven quarts II sold
'1oose" and if sold in jugs we must not sell
less than one two-gallon jug or two one
gallon jugs or four half-gallon jugs. Now
this is simply outrageous. 1t is ridiculous,
but as it is the law we will have to
conform to it next year or quit the business,
but our position is this: We applied for
and secured our licenses last May, under the
old law and with no idea of anything Of this
kind being sprung on us within few
months. This act did not become q law till
June 3, of this year, and it is rank IN
justice to ring it in on us now.
We were granted licenses to sell beer by
the quart for one year from last May. and
now to notify US that we shall not sell IN
less quantities than II pints by the bottle,
or two gallons by the jug or otherwise, is
equivalent to revocation of the license.
PREPARED TO FIGHT THE LAW.
off" he continued, "a dealer satisfies
all the requirements and pays the tax and
license fees demanded, and is granted the
right to sell under certain conditions for
one year, and in three or four months there
after is Notified that he must not sell under
those conditions, he then has a right or
claim to demand his money back, as that
for which he paid has been taken from
him."
The association has secured the services
of Charles S. Fetterman, but he
has not as yet prepared an opin-
30 +ha OF Of
a test of the matter They are expecting
advice from him to-day, and test case will
probably be instituted at once. In the
meantime they are conforming to the order
of the police department. The dealers gen.
orally refuse to talk on the subject until it
has been decided what action shall be taken.
John Herchenroether, of thS>Southside,
said last night that the rectifiers were selling
~ the quart right along and had not been
notified to sell spurious liquors in no less
quantities than one gallon. Superintendent
of Police Weir was seen last night He
said: 'We have notified all the wholesal-
ers in the city that they must comply with
the provisions of the new law"
"How about their claim that they are
selling under licenses granted before the ex-
istence of this law?'
There is nothing in that, said
the Superintendent. ''They are SUBJ
ject to any law that may be passed
during the year, and will be required
to obey this one. 1t is true that
this law was passed after the licenses for
this year were granted, but that does not
exempt them from its observance or en-
forcement. That is our construction of it,
and think it will be found to be correct"
A large number of Southside mill men
are working with the liquor dealers because
the believe it is an imposition to make them
buy two gallons of beer when they only
want quart.