1 Pa. Super. 627 | Pa. Super. Ct. | 1896
Opinion by
The act of June 9, 1891 (P. L. 257), provides, inter alia, that,
The appellate jurisdiction of this court in such a case is the same as, and no greater than, that exercised by the Supreme Court upon certiorari prior to the act of May 9, 1889 (P. L. 158): Colwyn v. Tarbotton, 1 Pa. Superior Ct. 179. As defined in Dolan’s Appeal, 108 Pa. 564, it is restricted to what appears upon the face of the record proper. If manifest error does not there appear, the order complained of must be affirmed. But if there is anything on the face of the record to show affirmatively that the court acted arbitrarily, and without cause, or that the cause shown was wholly insufficient, it would exhibit such an abuse of discretion, as would demand a reversal of the order.
The question fairly raised upon this record is whether a brewers’ license authorizes the licensee to have his brewery at; a place not mentioned in his petition or license, and to deliver beer to customers from such brewery, upon orders received at, and transmitted from, the place for which his license
The advertisement which the clerk is required to publish must designate “ the place for which application is made.”' The license which issues to him authorizes him to conduct the-business of a brewer, as above defined, at the place designated in his petition. He may obtain the license, it is true, without, proof “ that the place to be licensed is necessary for the accommodation of the public”-Doberneck’s Appeal, 1 Pa. Superior Ct. 99; Gemas’ License 169 Pa. 43—but not without designating the place. The act of 1891 is not merely a taxing law, but
It would not be difficult nor out of place to show the mischievous consequences which would follow from such a construction of the law, but it is unnecessary. Under a fair construction of the law, with reference to the purpose of its enactment, as well as under the construction which the appellant put on it, in its application, this license was for its brewery at 1723 Buttonwood street. This was the place for which the license was asked and granted. The license conferred the privilege to sell the product of that brewery, not of anjr brewery, nor beer bought of other'brewers or dealers. It had no license for its brewery on N. Fifteenth street. These were two distinct and separate breweries, not parts of a single plant. Surely it cannot be contended that the appellant could sell the product of both breweries under one license, and if it could not do that, it could not transfer the license from one to the other, at pleasure. It is not necessary in this case to say that the mere manufacture of beer at N. Fifteenth street was a penal offense, or that the appellant could not do that without a license. The facts stated in the decree are that beer was manufactured there for sale, and that the sales were consummated there by setting it apart, and delivering it to customers.
If the appellant had had no license, it could hardly be denied that although the orders for the beer were taken elsewhere, the unlawful act was consummated at the place where the beer was manufactured and delivered. We think it was none the less unlawful because the defendant ceased to manufacture beer at the place for which it obtained license.
We find no error in the record and the order is affirmed.
Note. A petition for a special allocatur was applied for to and refused by the Supreme Court on May 18, 1896.