Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-28
ALL MUST STAND A TEST.
White, Slagle and Porter Now De-
clared to Be the Judges.
LAWYERS PREDICT A BIG BUSINESS
Dealers in Spirits Will Be Placed on the
Same Old Rack.
no THORNS WILL BE TAKEN AWAY


Hunter have been separately taking notes
and observations regarding the outlook for
liquor licensing this spring and they con-
verge on the opinion that there will be no
sensible diminution in number as far as re-
tailers are concerned, but that there will
likely be a falling off of wholesale appli-
cants, as if large number of the whole
salers at present engaged do not retail as
well they cannot make any money.
Mr. Hunter said that Attorneys John
Robb, Jr., C. c. Montooth and A. B. Hay
had told him they had about all their old
customers as applicants with some new ones,
aud it is said that C. L. McKenna, Josiah
Cohen and the attorneys generally who have
had much of this practice in former years
will have as much this year. 1t appears
that people are not frightened away from
the business on account of some dispensers
having been "sold up" by the Sheriff: as
they think the explanation generally lies in
some other quarter, and they point to the
extensive purchases made by some saloon
keepers during the year as proof that there's
money in it.
White, Porter and Slagle the Judges.
There is talk among lawyers that the
courts here will likely follow the Phila-
delphia plan and each detail Judge to
listen to applicants, three altogether. The
Judges that rumor names are White from
Common Pleas No. ., Slagle from No and
Porter from No. 3, and it is also rumored
that some applicants fear that Judge Slagle
will be as hard to please as Judge White
has been. 1t does not appear that all the
thorns have been removed from the paths of
applicants who have hitherto stood the
racket successfully. 1t was understood
some time ago that any who had been keep
ing saloon and against whom there were no
complaints filed would be given license to sell
next year without undergoing the ordeal
this year, but now it is stated that the cases
will be scrutirized as formerly. The reason
assigned is that in Philadelphia the plan
has not worked well: that it has had a ten
dency to make dealers careless and lawsuits
have multiplied accordingly so that the
business has WED with that of traction rail-
ways in producing legal grist and bondsmen
find trouble in such cases as well as dealers.
An attorney says that in view of the rulings
of the court in damage cases 1t behooves
saloonkeeper to be not only well up IN
Purdon's Digest, but in addition to keep
copy of it on his bar to be safe.
Every Saloonkeeper Is in Danger.
A man may be perfectly sober when fur
nished with liquor, it, in fact, may be his
first drink; but should he continue at some
other resort and finally become drunk and
an accident befall him, the man who sold
the first drink may be held as well as those
who put the finishing touches on the drunk.
There was one case of man under the
interdict and to whom no saloon keeper was
allowed to sell This man bought and paid
for drink of pop, the seller refusing to
sell him anything stronger He dropped
dead few minutes later, and though the
cause was held to be apople1y,
it cost the saloon keeper $500.
Perils environ the dealer on
every hand. In the Mcknight case the
LAWYERS for the defense were not allowed TO
set up. contributary negligence, the Court
ruling that topper was an involuntary crea-
ture and could not control his action, and
saloon keepers must be held accordingly. A
minor NAV have baseball mustache and it
may be dved so that saloon keeper would
be led estray on age, but he cannot set it up
as defense. The seller is bound to know
The boys mustache may be false, and the
test of finding whether it be or no might
occasionally be a delicate one.
The Philadelphia courts, in view of the
feature of their plan of granting license to
against whom no objections had been fled,
have decided that each man must stand on
his merits afirmatively proven. He must
show that his character is good and that it
has not deteriorated since he was examined
previously.
License a Privilege, Not a Right.
The Judges hold, and are sustained by the
Supreme Court, that they have not only
discretion, but must exercise the granting
power on their own consciences, and cur
courts will hold the same way. Some peo-
pie insist that they have right to sell
liquor, but the persistent ruling of the
courts that license is privilege and not
right has made most dealers conclude that
the right is not found in Magma Charta
The opponents of the business. ate lying
low, but some say the Law and Order So
cietv will probably take hand, as its bus
iness is slack just now and b. c. Christv
has volume 3 issued of the good and bad
qualities of all applicants who have been in
business. 1t is said to contain complete
record of almost every barroom disturbance
during the year.
Mr.. McGunnegle says the reason people
are not hurrying in this wear is that they
have gotten the mode of operation down
fine. The time for the closing of applica-
tions is February 13 The only thing TO
mitigate the case of applicants is their
power to find bondsman in anv part of
the county instead of being confined to the