The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-12-17
SALES INTERFERE
WITH FACTORY is
COURTS OPINION
Judge Holds That Selling OF
Liquor Near Factory Is
Against Law.
TAKES VERY ADVANCED
STAND IN RULINGS
Brewery Must Meet With Ger
tain Requirements; Puts It
Up to Corporation to Decide
How Much Booze Is Harmful

Washington, Pa. Dec. 1e.--In an
opinion given in the suit brought by
District Attorney ]. w. Baum against
the Acme Brewing Co. of Bentley
vile, seeking to have the license of the
concern revoked for alleged violations
OF law. Judge j. A. McIlvaine takes
perhaps the most advanced ground In
the history Of this State.
He declares that the licensee was
acting contrary to law when he sold
liquors in any community to the ex-
tent that the sale interfered with the
lawful operation of any industrial en-
terprise Under Judge McIlvaine's in
depreciation of the law, an industrial
corporation is the Judge of the amount
Of liquor which can be shipped SO as
not 10 affect seriously the efficiency of
It's employees when the corporation has
entered into an agreement with it's
men as 10 the consumption of liquor
which will be ordered by them.
one must conduct his business In
such a way as not unreasonably to
inlure that of another" SAYS Judge
McIlvaine in his opinion.
Judge MCllvaine sustained District
Attorney Baum and revoked the license
of the Acme Brewing Co. unless 1t
meets with certain conditions laid
down by the court. these being that
the president of the corporation and
all the present agents be dismissed
from the service Of the company: that
the company hereafter employ no
agents for the distribution of its pro-
duct, put men in charge who are of
good moral character and that II
rigidly conform to any agreement
made between the Ellsworth Co. and
its men as TO the proper restriction
of the liquor traffic at its works in Els
worth and Cokeburg.
Developments Expected
Charles F.. Fischer and all agents
have already been dismissed and SEN
sationals developments are expected
to raask on account of tho internal
financial affairs of the company due
to whateis Glaimed has been "a dis
regard of the company's rules by the
president and the controlling stock
holders OF the company in the con-
duct ofytha Acme Brewing Companys
affairs.
Judge McItvaine in his decree re-
views the Brooks law as affecting
the restriction and regulation of the
liquor traffic, commends the district
| attorney for his action in the pres
! ent matter, and also that taken by
the Ellsworth Oollieries Co. In it's
| efforts to restrict the sale Of tntoxi-
| eating liquors so as TO make for
greater efficiency in the operations
of its mines and for the protection
of It's men in what the court holds
is a hazardous business
The court holds that an order taken
and delivery made by any agent OF
n liquor house holding license at
given point, is a sale at that place,
and in violation of the Brooks law
/ as was held IN the Star Brewery case
/ some years ago. The comments and
! decree Of Judge Mc1lvaine restrict to
! brewing business in this county to
/ the sale of beer at the plants and
/ makes liable to prosecution any agent
/ operating for either local or outside
/ liquor dealers who attempt to solicit
I business in the county.
/ The action taken hy District At
/ torney |. W, Baum has az eady be-
/ come known TO the officers and
/ Judges of Allegheny County, and 1t
is believed that Allegheny and other
! counties Will follow tho precedent
| set by the court OF Washington Coun-
| ty IN this decree.