Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-06-23
The Major Portion of the Remodeled
Brooks Liquor Law Goes Into
Effect at Once.
CHIEF BROWN WANTS ANsOPINION
From the City Attorney and Thenthe Police
Will Be on the Lookout forEio-
latOrS of the Act
LIQUOR DEALERS MAKING PROTESTS
Against the NewlyAssesSed Merchantile Tax Claiming
1t Is Illegal.

The new liquor bill, with the exception OF
the portion requiring 81, 600 license fees, goes
into effect at once, and Pittsburg bottlers,
brewers and wholesalers will have to drop
former methods or be liable to the law. City
Attorney Moreland has not seen copy of
the bill, but feels well assured its effects will
be observed at once. Aside from the s., 900
feature the bill has several important feat
ures, which every handler of spirituoqs,
vinous or malt liquors should acquaint him
self with These are regulations with re-
gard to selling, which, it is argued, are SIM
ply privileges under the license, which can
be altered by law at any time. The City At
torney was asked yesterday whether, in his
opinion. the law goes into effect now.
Licenses granted under the old law at
the old price" said he, will of course still
stand. The section of the bill relating to in
crease of the price of license therefore
cannot be acted upon until next years
licenses are granted Now, 1 have not
looked at a copy of the bill and being thus
unfamiliar with all its provisions cannot
make any positive statement concerning it.
The New Features Now in Force.
But while the increased license price
certainly cannot be enforced now, it is my
opinion the other features are in force.
This is certainly the case unless there is
some clause in the bill specifying later date
for it to go into effect. Every law passed
without some provision of that nature is
operative Immediately after its passage,
and such is the liquor law unless otherwise
provided for"
The fact that there is no such provision in
the bill makes it reasonably certain that the
new law is in force. The city attorney will
doubtless make a thorough investigation
into the case, as Chief Brown and Inspector
McAleese are both anxious to know the
exact status of affairs. Up to the present
time the police have been watching only for
violations of the old law, and will continue
to do so until some other order comes from
headquarters. This order will scarcely come
for a day or two until the attorneys give
their full opinion on the subject 1t is
argued that license is not a contract but
simply privilege which the law can regu-
late as is seen proper.
While some claim the new features can
only be enforced in the case of q license
granted under the new law, it is understood
that attorneys for number OF firms about
the city have advised their clients to con-
duct their business according to the new
provisions. If they do not, and the next
court decides that the bill recently passed
took effect at once, they run the risk of be-
ing dropped from the list.
Regulating the Amount of Sales.
The most important portions of the bill,
aside from the increased price, are those
regulating the amount of sales. A rectifier,
compounder or manufacturer cannot sell
spirituOus liquors in less quantity than a
gallon. A wholesaler cannot sell less than
one quart of spirituous or vinous liquor or
less than u pint bottles of brewed or malt
liquor The same provision as the latter is
made concerning the brewer and bother.
Under the old law a brewer could not sell
less than one gallon and n bother less than
one quart. A brewer or wholesaler can
bottle without taking out a bottlers Ii
CenS2 :
The petition Of the wholesaler is much
more strict than before. 1t must show
where the applicant resides, and how long;
the place of birth, and, If a naturaltZed citi-
zen, when and where naturalized; the name
OF the owner of the premises the names of
two sureties and the certificate of II qualified
electors stating that they know the appli-
cant and believe that the statements con-
tanned in his petition are true.
Another feature provides that all delivery
wagons shall bear the name of the owner of
the license and the number Of the same in
four-inch letters.
New Duties of the Police Force.
Inspector McAIeese said last night: GAS
far as the police are effected we can say
nothing until definite authority is received
that the law goes into effect at once. One of
the city attorneys will be asked for an
opinion on the question. If he decides the
law is now in operation there is only one
thing Tor the police authorities to do-make
the people live up to the law"
The new restrictions on liquor dealers
have led them to make fight on all posi-
bic points in their favor. The Common
wealth OF Pennsylvania and those who deal
in wine that maketh glad the heart of
man have had many spats since about
1850, when the former began TO use its
spanking hand on its children, and there is
one of considerable interest now pending in
this county. 1t is under consideration ut
present by Judges Ewing, White and Ma
gee.
Sundry wholesale and retail liquor dealers,
distillcTs brewers and bottlers have ap-
pealed from Mercsntile Appraiser Harriott's
assessment of mercantile tax, the dealers,
on the ground that the tax is not lawful or
just, and that they pay high license for the
privilege of carrying on business, and the
distillers add that they are manufacturers.
A Matter of Very Grave Moment
As there are 137 wholesale dealers, whose
business runs high up into millions of dollars
q year; between 400 and 500 retail dealers
whose business is, combined, as large as the
former: % bottlers, some of whom do a large
business; "A brewers and three distillers in
this county alone, whose aggregate business
Is enormous, all concerned the matter is one
favor would make q considerable hole in the
State revenue.
Robert 5. Frazer counsel for the Common
wealth, took the ground that license was
not a tax, but payment for privilege which
all do not enjoy, and consequently that the
payment oflicense does not cover the tax,
but is altogether separate matter.
On the other hand Messrs. Pier Israel
Grover, MOntOOth and FitZsimmons held
that license, taken under the law of 1857,
covered the mercantile tax also.
\ decision is expected soon and the case
may go to the supreme Court for settlement
If Allegheny county dealers win, of course
all the dealers in the State will rush into the
ark and there will be music all along the
line.
NO DECISION REACHED