Commonwealth v. Mutual Union Brewing Co.

Citations

• 252 Pa. 168
• 97 A. 206
• 1916 Pa. LEXIS 587

Syllabus

<p>Liquor Jaw — Brewing companies — License—Violation of Premium Act of June 12,1918, P. L. 190 — Payments to the State treasurer — Acts of June 21, 1897, P. L. 176, and July 80, 1897, P. L. 161.</p> <p>1. An incorporated brewing company may be convicted of violating the Act of June 12, 1913, P. L. 490, 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.</p> <p>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.</p> <p>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.</p> <p>Constitutional law — Personal rights of citizen — Liquor Law Act of June 12,1918, P. L. 190.</p> <p>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.</p>