Commonwealth v. Mutual Union Brewing Co.
Commonwealth v. Mutual Union Brewing Co.
Opinion of the Court
Opinion by
Section 1 of the Act of June 12, 1913, P. L. 490, under which the defendant was indicted, declares it to be “unlawful for any person, partnership, or corporation, licensed to sell vinous, spirituous, malt, or brewed liquors at wholesale or retail, to offer or give anything of value as a premium for the return of caps, stoppers, corks, stamps, or labels taken from any bottle, case, keg, barrel, or package containing such vinous* spirituous, malt, or brewed liquors.” The jury rendered a special verdict, in which they set forth the facts found by
The question to be decided is, whether the defendant was “licensed,” within the true intent and meaning of the foregoing section of the act of 1913. The statute being penal must be construed strictly. It is not to be enlarged by implication or extended to cases not obviously within its words. Although the case is fairly within the mischief to be remedied, and is even of the same class and within the same reason as other cases enumerated, still, if not within the words, construction will not be permitted to bring it within the statute: Bish. on St. Crimes, sec. 220; 2 Hawkins P. C. (Curw. ed.), p. 188, sec. 16; Com. v. Gouger, 21 Pa. Superior Ct. 217. Courts are less ready to extend criminal statutes to include cases within the mischief but not the words, than to restrain them so as to exclude cases within the words but not the mischief: Rex v. Parker, 2 East. P. C. 592. It is to be observed, on the other hand, “Strict construction is not the same thing as construing everything to defeat the action. This is not what is meant by the expression.” Thompson, J., in Bartolett v. Achey, 38 Pa. 273. The rule of strict construction in favor of the accused is not violated by giv
Another very strong reason for concluding that the legislature did not intend such discrimination, but did consider that a brewer who obtains the privilege as the defendant did is a licensed brewer, is furnished by the act of July 30, 1897; and it is to be observed the defendant claimed and obtained the benefits of that act as well as of the act of June 21. The rule applies to penal as well as remedial acts, that other acts in pari materia may be consulted to ascertain the intent of the legislature: Endlich on Interp. of Statutes, sec. 356. Particularly should the rule apply when the two acts were passed at the same session of the legislature. Recurring to the act of July 30, it is found that the amount to be paid for the privilege is designated as a “license fee;” that the applicant is required to set forth in his application certain matters “in order that the court or state treasurer may fix the amount of the license as provided by this act;” that any brewer, “upon paying into the state treasury for the use of the commonwealth the sum of one thousand dollars, annually, shall be licensed by the state treasurer to sell and deliver, but only to liquor dealers licensed by the courts;” then follows a proviso
It is to be presumed that the legislature was cognizant of the legislation of 1897, and passed the act of 1913 with that in view. If it had been its intention to restrict its provisions to acts of brewers licensed by the quarter sessions, and to exclude from its operation acts of another class of brewers which are equally within the evil to be prevented, it would have been easy to say so. Not having so expressly restricted them, but having used words which, in their well-recognized and commonly accepted general meaning, include brewers who obtain the privilege to sell through proceedings in the quarter sessions as well as brewers who obtain their privilege to sell through the state treasurer under the acts of 1897, we are constrained to adopt that construction which promotes in the fullest manner the apparent policy and objects of the legislature, and to
Objection is raised against the constitutionality of the act, but upon that question we entirely concur with the view taken by the learned trial judge when he says: “However, it seems to us that its purpose is to regulate and restrain the sale of intoxicating liquors and that it is an exercise of the police power, and instead of its being an invasion of personal rights of a citizen it is an imposition of a further condition upon which a license is granted. The sale of liquor has always been distinguished in this state from the sale of ordinary merchandise and restrictions upon its sale are not class legislation.”
The judgment is reversed, and the record is remitted to the court of quarter sessions of Allegheny county, with direction to enter judgment of guilty on the special verdict and to sentence the defendant accordingly.
Reference
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- Commonwealth v. Mutual Union Brewing Company
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- Liquor law—Brewing companies—License—Violation of Premium Act of June 12, 1913, P. L. 490—Payments to the state treasurer— Acts of June 21,1897, P. L. 176, and July SO, 1897, P. L. 464- 1. An incorporated brewing company may be convicted of violating the act of June 12, 1913, which prohibits the offering of premiums “by any person,' partnership or corporation licensed to sell vinous, spirituous, malt or brewed liquors,” for the return of caps, stoppers, corks, stamps or labels, although the company has not received a license from the court of quarter sessions, if it appears that it has availed itself of the provisions of the Act of June 21, 1897, P. L. 176, and has paid into the state treasury the fees required to be paid by manufacturers for the purpose of obtaining the benefits of the Acts of June 21,1897, P. L. 176, and July 30, 1897, P. L. 464. Such a company is “licensed” within the meaning of the Act of June 12, 1913, P. L. 490. 2. The Act of July 30, 1897, P. L. 464, does not repeal the Act of June 21, 1897, P. L. 176, but both acts must be construed in pari materia. 3. The Act of June 12, 1913, P. L. 490, is a penal act and to be strictly construed; its scope is not to be enlarged or extended to cases not obviously within its words. Constitutional law—Personal rights of citizen—Liquor law act of June 12,1918, P. L. 490. 4. The Act of June 12, 1913, P. L. 490, prohibiting the offering or giving of premiums by licensed liquor dealers for the return of caps, stoppers, corks, stamps or labels is not unconstitutional as class legislation, nor as an invasion of the personal rights of a citizen.