Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-04-27
LINES DRAWN CLOSE.
Brewers and Distillers Are Allowed
but One Extra License.
ONE OF LUTZ'S PLANTS SHUT OUT.
Judge Collier Tells the Meaning Of the Act
of Last June.
ALL PUT ON The BASIS OF RETAILERS

| over and also in number of the wholesal,
hold-overs we're handed down yesterday by
judges Collier and Slagle. The biz
breweries come out with licenses, but with
little else The decision of the court wa!
to the effect that a brewery can hold but two
| licenses-one brewers license and one
| wholesalers or bottler's license. The
brewer may choose which of the latter ht
desires
This decision falls heaviest upon D. Lut;
& Son. This firm has two breweries, and the
| one at Vinial and Villa streets is now
knocked out. This means big loss to the
firm, and when D. Lutz, the senior member
was seen last night he said:
eve, of course, must abide by the deci
sion. do not care to state just how much
but it will entail loss of thousands of dol
lars a year 10 us. We do not know YET
whether we will appeal the matter to the
Supreme Court. The Vinial street brewery
is the old one, and was used in brewing Ger
tain brands of goods which We have not the
facilities to make in the new plant. must
consult may attorneys before I decide to
make any more.
Will Still Operate the Agencies.
Gas for all the agencies being knocked
out, think we can operate them as we did
last year. Judge White refused licenses
for them and they have simply been made
delivery stations The orders all have to
be sent to the main Office, but they can be
filled from these agencies. 1 don't believe
there will be any trouble about continuing
this plan.
Charles Brosky, the retail applicant for
No 2704 Penn avenue, who had been given
a hearing, was granted a license. ]. L.
Abel s. Co., applicants for wholesale
license at Nos. 145 and 146 Water street,
are still held over to have their petition
amended so as to strike out the clause ask
ing for compounder and rectifer's license.
When this is done they will be granted q
wholesale license.
The disposition of the brewers applica-
tions for brewers licenses and wholesale and
bottlers' licenses was as follows:
Iron City Brewing Company, granted
brewers license for brewery on Liberty
street, Sixteenth ward, and one wholesale
license for agency in McKeesport Appli-
cations for agencies in CHARTERS, Braddock
and Homestead withdrawn.
The Keystone Brewery Is Granted.
keystone Brewing Company, Twenty
fourth ward. Pittsburg, granted brewers Ii
same, granted license in Second ward, Pitts
burg. Applications for agencies in Fifth
ward, Allegheny, CHARTERS, McKeesport,
Braddock and Homestead withdrawn. Bot
tiers license in Twenty-fourth ward re-
fused.
d. Lutz & Son, granted license for brew
cry on Spring Garden avenue and Chestnut
street, and bottler's license. Refused
license for brewery on Vinial and Villa
streets. Applications for agencies in Home
stead. CHARTERS, Harrison township and
Braddock withdrawn.
William F. Werner, brewer, Jefferson
township, granted.
c. Bauerlein Brewing Company, Shaler
township, granted brewers license and
wholesale license in Harrison township.
withdrawn.
Wainwright Brewing Company, Fifteenth
ward, Pittsburg, granted bottler's license.
NJ. Winter & Bro, brewers, granted
wholesale license for Homestead.
Jacob Weiskircher and James T. Dowl-
ing, applicants for agencies for the Iron
City Brewery, withdrawn.
Max Friedman. First ward, Pittsburg,
who had been held over for a rehearing,
was granted.
In the case of D. Lutz & Son, in which
license was refused for one brewery and
granted for another, an extensive opinion
was handed down by Judge Slagle, giving
the reasons for granting but one license to
points raised by the act of 1891 amending
the Brooks law. The opinion in full is as
follows:
Meaning OF tho Act of 1891.
The above named firm made application
for license as follows: As brewers, at the
corner of Vinial and Villa streets, Allegheny
City, and at the corner of Spring Garden
avenue; as bottlers, at No. Is Spring Garden
avenue, Allegheny City: as wholesale deal
ers, at Maple alley, Braddock; Fourth ave-
nue., CHARTERS borough; Sixth ward Home
stead, and Railroad street, Harrison town.
ship.
There is nothing alleged against the char
acter of the applicants, who are well known
to the court and believed to be unimpeach-
to inquire as to their necessity. As to them
the only question is the power to grant two
licenses TO the same persons. As to the
other applications there is first q question of
right and then of necessity.
The act OF June 0, 1891, having become
la W after the granting of licenses last year
has never been construed by this Court
nor acted upon in granting licenses. Upon
applying it this year, We find that it con-
tafns many important notifications of the
Ia w as it existed before.
The act of May Is, 1887, relating to retail
licenses provides that the applicant shall
certify ''that none of the applicants are IN
any manner pecuniarily interested in the
profits of the business conducted at any
liquors ] are sold or Kept for oI sale" 'to AS to
them, then, there has been no question. A
retail dealer is entitled to but one license,
md must not be interested in any other
place where liquors are sold.
A Recapitulation of the Former Laws
The act of May "a, 1857, relating to manu-
and wholesale dealers, provides as
follows: "A1 wholesale dealers, brewers,
listi!lers, rectifiers, compounders, store
keepers and agents having stores or Offices
within this Commonwealth, dealing in in
liquors, either spirituous, vinous
Or malt. shall pay for each separate store,
ing establishment or agency, an annual
license, ETC." This act does not in terms
limit the number of establishments in which
seem to authorize any party to conduct such
business at more than one place.
But the act of June 8, 1891, makes q radical |
,hange in this respect With a few excep-
1887, and indicates the intent to apply the |
rules as to retail licenses as far as practical
to the business Of manufacture and sale by
Wholesale
The first section of the act of June 9, 1891, |!
Is identical with that of May "a, 1887, except as
10 tee amounts to he paid for licenses and a |
proviso authorizing distillers and brewers to |
leliver their products within the county in |
wagons properly marked. Ii there were |
nothing more, we would be inclined to hold |
that any person could be licensed to conduct !
business at more than one place.
Governed Nearly the Sans as Retailers.
But the act further provides that the ap- |
olicant shall file a statement almost identi- |
al with that provided for retailers. This |
is a limitation of the right of the /