National Republican., 1877-11-02
ITOVOR LICENSES.
Restaurants Opposite Government Reserva-
tions and the opinion of
the Attorney of the Police Board.

tions and the Market House-O Opinion of
the Attorney of the Police Board.
, The Board of Police have been busily en-
gagged dnrlng the past week considering applications
for renewal nf liquor ccnsos. Up to last night 3I5
applications had been approved and sixty.four re-
jcctcd. Many Of those rejected arc subject to re.
consideration. A number Of nice questions in
regard to granting licenses this year strong
point raised by the temperance organizations and
argued before the board by Mr. llnwes was that
licenses could not be granted to restaurants
OPPOSITE GovEINMEST RESERVATIONS
without the signature nf the Government was OBJ
tanned to the application. The matter was referred
to the board. Mr.. Riddle and under date OF October
- he returned tn the board the following opinion:
tcnton to nv opinion Of August ii, and incl6sing
argument Of Mr. lIawes reached my office In my
absence, aud press OF matter has since my return
prevented attention to II Till this hour. under.
stood that was asked whether you had power To
grant license under the tenth section OF the act Of
August %, ISL, TO retail liquor square 'front.'
ing on a reservation or vacant ground belonging
ns was implied to me to the Government and
answered that You had, and In effect without ask
ng the consent OF the Government
Mr.. ITnwcS In an ingenious argument, contro
vCrts this view, and insists thnt the Government
ike an individual owner. must give It's assent be
fore license can be granted or Is to be held ali
individual owner for that purpose. adhere tony
opinion think the private owner of u ya"ant LOT
pTSperty nWd iEms Also thot the oe.upIers Of
reservation (Which Il. OF course not vacnnt with
other natural persons or corporations who have
habitation on Il and can be said to keep house
there, arc among those whose permission should be
asked think that that section is to he literally
construed for the projection Of all rights that may
he Injured by the rctailOf liquors, 1dOnOt think II
was the intention Of that act TO reduce tho SOW.
eighty Of tho United States 10 the level Of private
owners and uSc:keepers, and thus count but ono
Of thrOng. think the intention Of statute to
do that must he declared In some unequivOcnl way.
fluid no such declaration In the net under consid'
Grafton, aud therefore construe II 20 to exclude
| lne United Stutss owner q house kppppr of
any particular square from It's purview. IT, how.
ever, the contrary is the better opinion, ] then
| license tho Government has by its proper organ
given Its permission that such license be granted.
| also adhere to my former opinion that an agent
authorized to lease or rent property tO be deemed
| act"
THE MARKET HOUSE.
Another question which was brought up was
whether persons engaged in selling liquor OH either
woul Id lie required to obtain the signature Of the
market company upon their applications. Upon
,hii @ subject Mr; Rddie gave the following opinion
Yours Of yesterday. covering two opinions Of
Mr.. Attorney Birney, also yours Of same date, both
containing questions In reference to the same mat
ter, were received together and may be considered
In the same communication.
The tenth section Of the nct Of the District Leg
stature Of August II, 1871, requires the appllCa
for license 10 retail Liquors to present the written
permission Of majority of the residents keeping
/
locate such business and of the square oppo
site the same, which pormssion shall b,
certified to by the assessor, or, as W,
now construe The law, Of the superintendent
Of assessments, and such license shall not b,
issued until approved by the EOard of Mctropo
itan Police such is also the law Of Congress
sec. ~. Rev. Stats u. G. y. D.. In making up III,
list Of owners and residents keeping house am
asked whether market corporations having theil
places of business on the squares either Ofthem
are To he regarded IN the court. If Il corporation
is the owner Of property either Of the squares 4
Il one OF the owners whO'e permission may b,
asked and which 1t can only give In its corporate
capacity, asft docs oil other acts. II 1t holds prop
crty by lease 1t cannot then he called the owner
think that word is used IN the act in It's ordinary
sense aud docs not include lease.hOldcrs Car
n corporation doing business and having It's oflc,
on square be sGld To be a resident keeping hous,
there, within the meaning Of this act? think not
A corporation of the District of Columbia may bI
said to have Its habitat In tho District generally
think 1t cannot be called a housc.k keeper any
where. There Is no apparent reason why curpOr
alton which does business on q particular Squnr,
might not have ayOicC in the matter of the sale o
liquor In its neghborhood, as It would seem tha
any man 30 doing business ought to have; but un
der the law none but
OWNERS AND RESIDENT HousE-KEEPERs
are obliged TO be contented, am asked II the Ger
tihcate OF the superintendent of Assessments
conclusive of the matter contained in II and bind
ing on your board; think 1t is not.
I'm this class Of cases no lcense will be issued b.
the approval of your board. (see statistics quotei
nboyco
II do not say you arc compelled to approve of tn
statement In the application and certificate TO b.
true You clearly cannot be asked TO do so
there is doubt. You have discretion and powc
IN the premises to approve or reject, and know
OF no limit to any inquiry which You may max
To enable you to decide upon the matter.
q think Mr. Bnmcy + righ! and concur with hin
In all disputed cases the board have been guide
by these opinions.