Scherer Liquor License Case

Dissenting Opinion by

Rhodes, P. J.:

I would reverse the order of the court below which has been affirmed by a majority of this Court.

The amendment of December 17, 1959, P. L. 1932, to section 461 of the Liquor Code of April 12, 1951, P. L. 90, 47 PS §4-461, changing the quota from one license for “each one thousand inhabitants or fraction thereof” to one license for “each one thousand five hundred inhabitants” was plainly intended not to increase but to restrict the number of licenses in a municipality. The proviso in section 2 that “this amendment shall not apply to applications for licenses…