« PreviousContinue »
dealer or bottler to keep such licensed place of business open during the pendency of any application for transfer of license.
A large number of hostile measures were defeated.
Although we have no local option law, the Brooks High License Law under which we operate allows the judges so much authority that through their decisions we have now six “dry” counties, while one year ago there was only one. The “dry” counties are Greene, Lawrence, Butler, Juniata, Mifflin and Bedford. All licenses in Huntingdon county except one were refused.
In Philadelphia an order has been given to discontinue music and cabaret shows where liquor was sold; after a week's trial the order as to music was rescinded, provided it was good music.
In Philipsburg, Pennsylvania, the complete list of signers of applications was published.
The decision was given by a Philadelphia Court that license holders were not required to pay full licenses if the place was closed part of the time.
Judges in Philadelphia refused to forbid free lunch.
A decision of the Superior Court practically required that no licenses shall be transferred unless the holder has died or gone out of business and closed up his saloon for a certain length of time.
Judge Thompson filed an opinion in the United States District Court reversing an order of a referee which directed a bankrupt to join in the transfer of a license rendered by the Quarter Sessions Court. A bankrupt had applied, together with several others, for the new license, term beginning June first, which the Court granted him. The bankrupt then claimed that the new license granted to him was property acquired after his application in bankruptcy, and therefore was not part of the bankrupt estate. Judge Thompson upheld the bankrupt's contention and said in part: “In the present case the receiver after adjudication applied for a renewal of the license, which application was refused by the Quarter Sessions Court. Whatever inchoate rights existed prior to the adjudication and passed out of the bankrupt at the time of the adjudication, were in the nature of a personal privilege. If the license court had seen fit to confer this privilege upon the receiver of the bankrupt estate, it would have been within his discretion to do so. This action of the Quarter Sessions Court in granting the license to the bankrupt vested the privilege arising under the license in the bankrupt as of the time the license was granted. The conclusion
is inevitable to my mind that, under the rule of property established by the decisions of the State Courts, property in license vested in the bankrupt, and it was, therefore, after acquired property, belongs to the licensee and is no part of the bankrupt estate."
All licenses in Coatesville were refused but partly on account of the lynching of Zach Walker last year This happened on Sunday and all the saloons were closed in this State on Sunday.
In Chester county the judge granted the last license on the ground of the activity displayed by the Anti-Saloon League of said county, in their employment of unscrupulous persons hired by them to furnish evidence against the granting of the license.
Rhode Island:-A comparative estimate of the vote for and against license in Rhode Island towns in 1911 and 1912 shows a total increase in the license vote for the latter year of over 3,000.
No important legislation affecting the trade was enacted.
By a decision of the Courts, the Town Council of East Providence cannot be compelled to grant a liquor license.
South Dakota:—License contests during April resulted in the "wets" capturing a large majority of the towns. Not a single town in the Black Hills Country went "dry.” Sioux Falls, Mitchell, Huron, Yankton and Pierre are among the larger places to vote license. There are few changes from last year.
The Legislature passed a bill providing that only one saloon license may be issued to each 600 inhabitants, with the exception that two saloons are permitted in each town regardless of size.
Tennessee:-Some important bills affecting the liquor trade were introduced during the present legislative session and are still pending passage, because of the fact that there is a hold-over session, the Legislature having broken up in a political row.
The Legislature cannot adjourn, because of the fact that no quorum is present and certain members continue to absent themselves, only a few members meeting from day to day.
The so-called “Jug Bill” was rejected and therefore can not be considered this session, but if the Governor calls an extra session, it may be taken up again.
This bill proposes to prohibit the conveying or shipping of whisky, wine, beer and all other intoxicants from one county to
another, in the State, and to give jurisdiction to the courts of the county to which shipment is made to try violators of the act, and to fix punishment for violation of the same.
Texas: The Anti-Saloon League is planning to make a Statewide prohibition campaign in this State.
The extra session of the thirty-third Legislature of the State of Texas adjourned on August 19th. It enacted a law to conform to the Webb law and exclude liquor from dry territory. Special attention is called to Section 16, one of the most infamous enactments ever launched by any legislative body in the United States.
Sec. 16. A conviction for a violation of any of the provisions herein may be had on the unsupported evidence of an accomplice or participant, and such accomplice or participant shall be exempt from prosecution for any offense under this law about which he may be required to testify.
This is the first piece of legislation in Texas aimed at the consumer of liquor. Heretofore the person harassed has been the seller of liquor.
Utah:—There have been no new liquor laws passed in Utah during the past two years. Some unimportant amendments were passed, but the liquor laws remain practically unchanged. There have been "wet” and “dry” elections in June, and several towns that heretofore have been “dry” voted “wet.”. In Green River, Newhouse, Toole and Frisco the "wets' won hands down. At Tremonton, where the "drys” won out two years ago by a large majority, this year the "drys" carried by a majority of one single vote. There has been talk of a contest at Tremonton, and the brewers were asked to lend some assistance, but declined to do so on the grounds that they did not want to interfere in the matter in any way.
There seem to be constant violations of the prohibition laws in "dry" towns and numerous arrests, judging from the newspaper reports.
Vermont:-A marked increase in the license vote was one of the features of the March elections in the cities and towns of Vermont. Seven towns changed from no-license to license, while only two places, including the small city of Vergennes, changed from "wet” to “dry.”
Virginia: The city of Bristol voted "wet" recently by a narrow margin of 52 votes. Anti-Saloon Leaguers confess that they have little hope of ever getting liquor out of Bristol, Va., so long as the Tennessee half is reaping a harvest from the high license, the money being applied to the building of streets, maintenance of a white-way system and the reduction of taxes.
Leesburg voted no license after a hotly disputed contest. This town has had local option for a number of years.
Washington: The "dry" and "wet" issue in the State of Washington was one of the most important local questions to come up in recent elections. The victory is about even for the saloon and anti-saloon forces. Licensed saloons won out in several instances, notably Olympia, but the general tendency was to maintain present conditions. Kennewick, which has waged a bitter fight, voted to remain "dry" and Vancouver, after a spirited contest, decided to stay “wet.”
West Virginia:-In West Virginia the prohibition amendment, providing for State-wide prohibition and making the manufacture of intoxicants unlawful, was ratified by a big majority. The amendment does not become effective until July 1, 1914. The number of saloons that will be forced out of business is 498. Nine breweries and one distillery are affected.
Wisconsin:-After a seven-month session, the Wisconsin Legislature closed its 1913 deliberations without enacting any laws particularly offensive to the brewing industry. This was not because of lack of initiative, as there were more than sixty bills relating to excise matters introduced, but these all failed of passage except a few of the least important. Among the bills which did not meet with favor were those relating to high license, “divorce" of the brewer from the retail branch of the trade, county option, division of license money, discrimination in the buying and selling of commodities, for "dry" zones, anti-treating, etc.
Following the failure of the "divorce" proposition in the Legislature, an attempt was made to pass a local ordinance in the city of Milwaukee, embodying the same principle, but an opinion from the city attorney's office declared that such a measure would be illegal, and it was abandoned.
By a recent interpretation of the Baker law, designating and fixing locations for saloons, 266 places in Milwaukee were found to be operating illegally, and an attempt to secure relief for these places from the Legislature met with failure. Probably 750 saloons in the State will be closed by the ruling.
A number of the cities of the State, through their common councils, have decided to limit the number of saloons lower than the statutory limit of one to each 250 inhabitants and also to establish a saloon zone.
No- license elections in the State this spring resulted in a gain of five towns.
Atty. Gen. Owen has issued a plain reading of the much discussed Baker law, by which he has aimed to make its provisions thoroughly clear to the average member of licensing boards.
Much interest was aroused because of suits brought against Wisconsin brewers because of discrepancy in the measure of beer barrels. The Federal requirement is that they contain 31 gallons, while the State of Wisconsin fixes the capacity of the same container at 313 gallons. In trying to bridge this gulf, the brewers tackled an impossible task, and, when suits were brought, the Circuit Court held that there was 'no defense and fines were imposed. An effort was made before the Legislature to secure relief from this confusing situation in a bill which revised the general weights and measures law of the State, but it failed of passage. The brewers are now following the requirements of the Federal standards.
WEBB LAW AND OTHER CASES. In considering an indictment under the Webb-Kenyon Bill, the Kentucky Court of Appeals, on June 18, 1913, held that the Supreme Court of the United States is the only tribunal having final jurisdiction to pass on the validity of Congressional legislation, and an opinion expressed by them would not carry with it the authority of a conclusive judgment; therefore, in disposing of the case of Adams Express Company is. Commonwealth, wherein the Adams Express Company was fined for carrying a shipment of liquor into “dry” territory, decided, that where it can be shown that liquor shipped in local option territory is to be sold or used in violation of the State law, the Kentucky Statute is constitutional and operative, but is inoperative where it is delivered for personal and private