The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-05-08
Michael 7. Barrett Tells
Brewers Law Is
Constitutional.
FORBIDS ADVERTISEMENTS
ON EXTERIORS OF CAFES
State Association Writes to Re.
tail Dealers to Remove
Trade Marks.

Beginning June every beer sign on
saloons in, this city will come down,
ana Newark will then be signless
beer city.
At the meeting of the New Jersey
State Brewers Association, held at the
krueger Auditorium yesterday, the
makers of beer received the legal opin-
Ion of former State Senator Michael t.
Barrett, who is their counsel on the
natter He advised that the recently
passed law, enforcing the removal of
all signs by July at the latest. was
constitutional. and would have to be
obeyed
The following communication from
Mr.. Barrett was read:
May 7. 1909
70 the New Jersey State Brewers Asso-
Gsntlemen-At your request ! submit
herewith an explanation and synopsis. OF
he supplement TO the act entitled .,,rcas An
matt and brewed liquors., passed by the
New Jersey Legislature at the recent ses-
son
It shall be unlawful TO display on the ex-
terror CT any building in which the Whoie-
laIe or retail sale of liquor Is carried on
thy sign, illustration or advertisement pear
ng the name, designation, trade-mark or
snblom Of any person engaged in the manu-
acture, distribution or sale OF any klnu
sf liquors. or advertising the KIND, descrip.
ion quality or brand OF such liquors soid
II such building.
This section also provides, however. that
The person conducting such. wholesale OF
retaif liquor business may display on the
exterior of the building a sign giving tne
salne of the person conducting such ousi-
less and the character Of the business i, mess ona
absolutely prohibits the display. on the
exterior of any liquor store, OF any sign
whatever which advertises that the prouss
tcts Of any particular manufacturer OF
LIQUORS are sold in such store. Or which aq-
vsftises in any way such products.
Can Display Name Only.
The only sign o. any kind or description
which is permitted by this act TO De ais- @
piayed ON the exterior Of a liquor store
is one giving the name of the person CON
iucting the business, and the nature OF lne
business, such as saloon or cafe. or some
sseIion ; of the act provides that it
shdii be unlawful to display IN the snow
WINDOW OF door OF any wholesale OF retala
assi.or store any sign or adyertisemesnt of u
tA sind mentioned i'll the nrSt sectlon o.
lns ict of more than twenty square feet
III iasca .xs
ujl lawfully display in his show WINDOW
1fsisur advertisements OF the KIND OF goous
sglu be nilii. bur THESE advertisements must
be sliiaicr lnan twenty square zee ~ aIsa. isa.
,.nn lnird section of the act PROVIDES
lnnf tiie owner Of any building who,
Knowingly, permits the VIOLATION OF Inc Inc
provisions OF the act. and amy person VINO
snail violate or cause to be violated,
Of permit TO be violated. any of the pro-
vislons Of the act shall be guilty OF a
Tho section does not provide any specifle
penalty and. therefore, the PROVISIONS OF
section 2lS of An act for & the pun,l'snm1Snnt men
OF crimes revision of 1885 VIII apply.
This section is as follows:
Any person found guilty. Of any crime
which. by this or any other n sta5a1e sba, bs rs
punished by a fine of not exceeding u, ivy
Or bv Imprisonment. with or without hard
labor, the court ma, may direct 81 i9r }oth hns
AS no procedure. for the enforcement
of the act is provided, the general laws
Of this State, regulating criminal pro-
ufH under these the laws any person may make
q complaint for the violation OF the act
Ths complaint may be made before any
Justice of the peace, police judge, magis,
trate or other person having criminal
jurisdiction under the laws or the state;
There is no provision in the act setting
I time when the same shall take erect
and, accordingly. the act will take erect
on July A. 1903 according to the provisions
Of section thirteen da) Of IAN act rela-
tive to statutes" approved March 27 1874
All signs OF the kind prohibited by this
act must be taken down before that .oate
' MICHAEL 7. BARRETT
Says Act Is Constitutional.
Then Mr.. Barrett's opinion as to just
how they were bound was read as fol-
lows,
Tosthe New Jersey State Brewers Asso-
Gentlemen-My opinion is asked con-
corning the constitutionality of a supple
ment to AN act to regulate the sale Of
hfeaeaaDSs heeuors passed BY the New Jersey Legis
lature at its recent session, and regulat-
ing the use of signs on liquor stores.
liquors is one which the Legislature have
ali nndoubted right to. regulate and they
have the power to impose ,Ine sue sacn sse Gonal s
in their Judgment may seem wise, where
such restrictions. are applied to all alike.
y Robinson vs.. Haue, II Mich. ss.
Metropolitan Board OF Excise vs. Barrie
eating liquors by the Legislature is within
the police power of the State and is prac-
Meehan VS. Excise Commissioners. "A
Vroom, 382.
I am therefore Of the opinion that in SO
for o the sale e of liquors. ' the act 'i is con- con-
power power Of the State aud reasonable regu-
lation of the sale of liquors.
It seems to me doubtful. however,
whether that part of section is constitu-
tional which makesAit unlawful to display
on the exterior of any building. in which
liquor is sold. any sign. illustration or adj
yertisement. bearing the name, designation,
trademark or other emblem of any person,
firm or corporation engaged in the manufac-
ture, distribution or sale Of liquors.
This part of section !, in its terms, APP
plies to THE entire building, although liquor
prohibits the owner Of the building from
permitting any manufacturer of liquors to
Use the other portions of his building for
the purpose of advertising any brand of
iiouor, even though such liquor is not for
sale in any part of said building.
This seems to me a provision which
cannot be justified as an exercise Of
the police power and one that deprives
tho landowner of the ordin9ry use, for
.ft -
lcontinued OF second rnge.)