National Republican. (Washington City (D.C.)) 1872-1888, 1874-01-07
,LIQUOR LICENSB6.
OPINION OF COL. WIN. A. COOK TO 7
BOARD OF POLICE.

OPINION OF COL. WIN. A. COOK TO THE
BOARD OF POLICE.
AS the question Of the right OF the BoAad Of
Metropolitan Police to approve or disapproys. It
discretion of liquor licenses lie at present creating
some comment, the following opinion, farnnhed
BY w. A. Cook, ESQ.,, attorney for the District b
given:
e DISTRICT OF COLUMBIA,
wAsHINGToN, November 10, 1S7x y
GovERsoe: 1 have received copy Of the letter
addressed to you by % A. a.enpy, eecrsary Q!
Of 4 Contamination addressed 70 Aea. 0eergs H.
Willisms, Attorney General of the United States
" sss Bs,rss Il :,
3 requert that I examine the subject rsierfsd 70
IN the correspondence thoroughly. have made
this examination with little delay - attention
10 other engagements has permitted.
The questions submitted for my consideration
r. Is The sppToSa OF the Board Of Poics
required to give validity to licenses for the sale Of
liquors in the District Of Columbia and. second,
sss !. IN ". y Siscpoion
The snsWer to these questions win b found IN
san act to amend ire acts approved August 9,
1851 and July 10, lso2 to establish metropolitan
police in the District Of Columbia to increase the
efnciency thereof and for other purposes" ap-
proved July 3, 1858 : 1t = % follows.
Sec. 3. AID Be u Jurfher eaacfed, ThAt from and
aiter The expiration Of licenses already granted
Keeping an ordinary, restaurant, saloon, or other
place where epirttuous Liquors are sold within the
e aanf. 70
iiesnse shall b considered legal By my Of tle
1nfN the same shall kApe been approved BY the
Dosrd Of Police, and 30 certified by the secretary
thereof under the ofhcisl seal. 10. 8. 8. st
TIE words q this section appear to meto be too
plain to admit Of any dpabt Is to the meaning Of
.ssn.nt. It ,rss dseisres that i s6.ii 8 unl..
fal for any person to keep an Ordinary,
saloon, or other place Ghere sP,r,.S,s ~ givc
sail or dispose Of any intoxicating drinks wisnoot
the existence Of license, approved BY the board
Of iStoIicatins drinks shall be considered legal
by any Of the authorities Of the Distret InIess
the same shall have been approved by tne board
The board. under the ofiiciai seal Both Of these
provisions are prohibitory. The one relates to
The other to the authorities Of the District.
The first is manifestly intended to prevent use
Of . license BY individuals without the approval
suthCritics from sanetionlng Of allowing the use
Of license without such approval; -, ~.
tiles Of the city Of Washington, Georgetown, and
the Levy Court, and Withdrew from these author-
Vioa,l1 nossessed and sIeroised over he sale Of
Intoxicating liquors in the District. ~
But II did not surrogate the regulations or re-
these the approval Of the Board Of Police, and
made this approval conclusive Of the right TO sell
Intoxicating liquors in any part Of the District
Hence, without this approval, no license can Do
Second. But what is the exact nature Of the
power Of the bo.rdi e II only fSr%aa Q. does
Il can scarcely be conceived that Congress
would pass an act prohibiting In its nature, both
- respects individuals and local government,
and in relation to q matter in itself important,
only for the purpose OF securing formal or eieri-
Moreover, the word approval" is one which in
wolves examination and consideration, and the
formation Of . conclusion from such examination.
1t implies the right or power Of disaPproval, and
especially must It be 30 regarded when used In
reference to an individual or body or whom il
conferred important functions relating to the
Of
the Police Board.
The power Of approval, therefore, conferred on
simply requires formal or Ministerial setion but
the exercise Of sound discretion and Judgment as
e. the oRs51sy o. ., Of 70
The oct q the Legislative Assembly entitled |
An ct imposing ySsnss On trades business sSs %
struction of tho act Of Congress. The tenth Sec
Of interesting Hquors shall not be issued until
approved by the Board Of Metropolitan Police |
Whether considered therefore, In reference to the
act Of Congress to that Of the Legislative A.
sembly 1t Is manifest that license can be issued
In the District for the sale Of intoxicating liquors
without the approval Of the Board Of Police. On |
several occasions the act Of Congress has been /
brought to the attention Of the Police Court, and
on one occasion to that of the presiding Judge in /
the Criminal Court on an appeal from the Police |
Court
It was held In both courts that compliance with |
the regulations or requirements Of the District /
was only an initiatory step or proceeding, and Of
itself conferred no rights and that there could be
no legal sale Of intoxicating liquors until after an
Of Police, and that 1t was intended by the act Of
Congress to commit to the Board Of Police the |
Anal and conclusive control over the granting of |
licenses. 1t may be proper to add that the power /
of approval Ii clearly that should not lie dor
Dant. 1t should be exercised with Is little delay
rs possible, that the question of the right Of |
sale may be promptly and finally determined.
WILLIAM A. Cook,
ATTORNEY. &c.