National Republican., 1883-09-04
THE LIQUOR QUESTION.
Interesting Letter 10 the Commissioner
Upon the Subject OF Granting Licenses.

Interesting Letter 60 the Commissioner
Upon the Subject OF Granting Licenses.
The following letter from the grand worthy
chief templar was mailed the commissioners
yesterday:
To THE COMMISSIONERS OF THE DISTRICT
OF CoLUMBIA-G Gentlemen l have the honor
TO acknowledge the receipt of your letter of
July "a in reply to mine Of July %, wherein
/ took the liberty of asking if the United
States had resigned its right rs owner of real
estate TO approve or disapprove of licenses
being granted for the sale of liquors ON the
same side of the square, or on the side of the
square fronting opposite where tho real estate
| is, owned by the United States.
You will please to pardon me for reminding
you that my question has not been answered
Your letter refers me to an official notice" to
the commissioners from tho president and
attorney general, under date of Jan. 3, 1881,
to the effect that "a cabinet officer has no
such power as would justify him in exercising
authority as an owner or occupier in granting
license" 1t would hardly have required
such eminent legal talent as is found in the
cabinet to make this discovery.
You had the kindness to inclose for my in
formation an extract from the opinion of the
attorney for tho district dated Jan. 10, 1881,
based upon the Official notice" above re-
ferred to. From this opinion l take the lib
erty Of quoting the following: you find n
the agents Of owners, nor yet resident house,
keepers, the owners of which for the practical
purposes of the license acts, has no existence,
shall the applicants for license be compelled
to secure the permission of such owners
Does the law contemplate such an impossible
act?" The law says that "it shall be the
duty of the proprietor of every such place
(bars room, sample room, orstippling house) to
present with his application for license the
written permission of majority of
the owners of real estate and ma
iority of the residents keeping house
on the same side of the square
where it is desired to locate such business and
the side of the square fronting opposite the
same, which permission shall be certified to
by the assessor, and such license shall not
issue until approved by the board of commits
sioners." The United States is the owner of
n large amount of real estate in this district,
and the attorney Tor the district pays o high
compliment to the United States when he
says that it is an impossible act for applicants
for liquor license to secure the permission of
such an owner. Whether it is possible for
such applicants to secure the permission of
the United States or not is question which
the clear expression of the law relieves the
commissioners and the attorney of the dis
trict from considering.
Permit me to invite your attention to the
fact that the assessor in designating in the
applications for liquor licenses the owners of
real estate other than tho United States on
the same side of the square where it is de-
sired to locate such business and the side of
the square fronting opposite the same, he
does SO properly by name, but whenever the
United States is the owner he contents him
self with designating the department of the
government, which, for the time being, ocCu-
pies such real estate 1t is very evident that
the treasury, postoffice, interior, and other
departments own no real estate and that the
incorrect designation is made by the assessor
to give plausibility to the questions contained
in the attorneys opinion shall the appli-
cants for license be compelled to secure the
permission of such an ownerW and Does
the law contemplate such an impossible
act" 1t is not an impossible act for
applicants for liquor license to ask congress
for the desired permission. Congress alone
has the power to grant the permission exacted
by the law, unless that power has been dele
gated to the board of commissioners, which
seems probable in view of the very large
number of bar rooms, sample rooms, and tip
pling houses which arc surrounding the
public buildings. Of such transfer of au-
thority l have, however, failed to find an y
record, and, if it exists, hope that you will
confer the favor of directing me to it.
The Order of Good Templars and all other
order loving people and law abiding citizens
of this district firm in their desire that the
license acts be properly interpreted and faith
fully executed, and the hope is entertained
that his desire is shared by yourselves. .'
Very respectfully,
A. KALsTRoM, G. w. CT.