Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-03

ii
were those interested directly and indirectly
in the liquor traffic. Mr.. Digby had just
come into possession of copy of the late
law regulating the business of distlllers
brewers wholesale dealers and bottlers,
those interested being anxious to get sight
of the regulation which is hereafter to gov
ern more stringently the hitherto partially
free class than retailers are now governed.
As Judge Wilson, of Philadelphia, has al
ready construed the new law, approved on
the 9Th ultimo. as applicable in a considera-
BILE measure to those vi tely got license,
and as a number of laWcss here and else
where are of the same opinion, full resume
is of interest. and here it is:
A Salient Feature Of the Law.
Section l fixes the license on wholesale
dealers. brewers, distillers, rectif1ers, COM
FOUNDERS and storekeepers in cities of the
first and second classes at $1,000 year,
third class cities at $500, boroughs,
$500 and townships at 500. to be paid in the
State Treasury for the benefit of the Com
monwealth. 1900
5000 in horoughs and 500 in townships. Dis
tillers and brewers are allowed to distribute
their products within the county where
their license is granted, but their delivery
wagons must be marked on the sides with
the name of the license and NUMBER OF ms
license in letters and figures not less than
four inches in length.
Sec+iop , says that licenses can be granted
only bv the Court of Quarter sessions, for
one wear. the court TO fix the time, at Wnlcn
time all persons making objections shall be
heard ly evidence. No rectitier, compound
or d!stiller or manufacturer is allowed to
sell in less quantity than gallon W mole
salers and storekeepers cannot sell spirit
mons or Vinous liquors in less quantity tnan
a quart and brewed or malt liquor Ill less
quantities than Il pint bottles. Brewers
and bottlers are also similarly restralned.
The liquor sold is not allowed to be drunk
on the premises of the seller, nor in any
place provided by him for the purpose.
section provides that petitions for license
70 sell must be filed with the Clerk of the
ousTteT Sessions Court at least three weeks
before the first day of the session, and pay
S. for expenses necessary to inform the pub
lie OF the would-he sellers desire, and the
clerk must publish the same three
times in two newspapers, giving list of ap-
plicants their residences and the places for
which application is made. The first appii-
cation must be made in less than 10 nor more
than 25 days prior to the time fixed by the
court to hear applications.
Provisions of Petition.
Section 4 provides that the petition shall
contain the name and place of residence of
the applicant; second, the particular place
for which the license is desired: third, place
of birth of the applicant and, if naturalized,
the place where; fourth, name of the owner
of the premises; fifth, that the place to be
OF the public (this provision does not apply
TO diStiller or brewery; sixth, that none of
the applicants are in any manner interested
pecuniarily in the profits OF the business
conducted at any other place IN the
county, but it does not prevent dis
tilers and brewers from taking out
a wholesale license; that the applicant is the
only person pecuniar1ly interested in the
place for which license is asked, and that no
other shall be so interested during the con-
finuance of the license in force; ninth, the
=, Il
license revoked during the portion of the
year preceding this application: tenth, the
applicant must have two sureties, reSpOnSi-
bic freeholders, in the county, the property
OF each being worth more than s., 600 above
incumbrances. and which would sell for
that much at public sale, and must state
that he is not interested in the manufacture
of any of the liquors above numerated, and,
finally ana eleventhly, the petition must be |
verified by the affidavit of the appli- /
cant before the Clerk of the Court, or |
the peace, and if any false statement is
willfully made the applicant is to be deemed
guilty of perjury, and on indictment and
aItics of such otfense.
Asto Petitioners Character.
Section provides that at least u qualified
electors shall certify that they have been
acquainted with the applicant and have
good reason to believe that the statements
in the petition are true, and in consequence
pray for the granting of the petition and that
license issue.
section 6 provides that the Quarter Ses-
Sions Court shall hear petitions from resi- |
dents of the county in addition to that of the |
applicant for and against and in all cases |
refuse license whenever in the opinion OF |
the COurt-having due regard to the |
number and character of the petitioners for |
and against-as TO the necessity of the |
license asked for for the accommodation of /
the public and as to the fitness of the ap-
plic:int to fill the requirements, and if suf- |
1icient cause or proof be shown that the |
party holding a license has violated any |
law OF this Common wealth as to the sale OF |
liquors, the Court shall, on due notice being /
given, revoke his license.
Section saws that neglect to pay to the |
City or County Treasurer the sum directed |
in sections 1 or within Is days after an ap-
Ol=ation is granted must be held to work a |
revocation of the license. The licensee must |
also file with the Clerk of the Court the re-
ceipt OF the Treasurer, and in default the
Clerk must mark the said application and
grant Revoked"
When Liens May Be Issued.
Section s. and last, provides that license
shall not issue to any person or persons
until he, she or they shall have executed a
bond to the Commonwealth, and warrant
of attorney to confess judgment in the penal
sum of s, 600 with two sufficient Sureties to
be approved by the court granting such
license. conditioned for the faithful perform
ance Of all the laws of this Commonwealth
TClatlng 70 Selllng or 1urnlShlng OF VlnOuS,
SpirituOus malt or Drewed liquors, or any
admi8ture thereof, and to pay all damages
which may be recovered in any action which
may be instituted against him, her or them
under the provisions of amy act of Assembly,
and all costs, fines and penalties which may
be imposed upon him, or her, OF them under
any indictment for violating this act or any
other act of Assembly relating to selling or
furnishing liquors as aforesaid, and the said
bond shall be filed in the Office of the Clerk
of SAID Court for the use and benefit of all
persons interested therein.
Judge Fetterman said Yesterday he had no
doubt that the law was operative at pres
ent and since the date of its approval in
everything except the amount paid for
license, which will not be operative until
another year. Judge Fetterman expressed
10 opinion as to the merits or dement's of
the bill
Lawyers generally who have been inter
ested IN the settlement of hquor-trade cases |
are more or less dissatisfied with the new
law, but some of them are extremely chary
OF expressing themselves. For instance
John ;. Robb looked mutterable things,
which could not be caught in the visitors
phonograph, but be did finally say that the
object might be, and probably was, to kill |
the illegal trade of some wholesalers who
persisted in doing retail business, to the
detriment of saloonkeepers.
Not Quite So Conservative.
c. T. McKenna was not so conservative
andvafter promising that lawyer could not
give much of an opinion on such patch
work he went on to say that the law was
very ambiguous and repugnant legislation
In the first place the court that sits on |
license application must be satisfied. that a |
mediation of the public. Were the drinking |
community and travelling meant this would |
be understandable, but the public here men
toned would seem to be the people interest |
ed IN the retail trade as the general public |
is supposed to patroniZe wholesale houses |
to but limited extent If they be conducted |