Sacramento daily record-union., 1891-01-09
TIE CAPITOL WELL.
LIQUORS MUST NOT BE DISPENSED IN
THE BUILDING.
So Says sAttorney-Ge General Hart In a Writ
ten Opinion-It is Clearly Against
the Penal Code.

1t looks as if the bar in the basement of
the State Capitol building will have to go.
Assemblyman Bledsoe, who has been so
determined in his efforts to prevent the
| maintenance of bar within the walls
of the building, yesterday sought Attorney
General w. II. H. Hart and requested an
opinion from him on the subject.
That official last evening rendered the
following opinion, which appears to be
conclusive against the right OF any person
to sell or give away LIQUORS inside the
Capitol:
SACRAMENTO January s, 1891
Hon. A. J. Biedsoe, Assembly Second District =
MY DEAR SIR: beg leave 10 acknowledge the
receipt OF your communication OF the Sth inst,
! IN which you make the following inquiries:
81. Has the Secretary of State as the legal
custodian OF the state Capitol building, any
legal right to REM, with or without ccmpensa-
| ton for the use Of the basement OF the State
Capitol for a restaurant or saloon?'
~. Has the Legislature of the State legal
right to advise the Secretary of State by proper
resolntion. TO order the removal of the restaur-
ant and saloon now established in the basement
OF the Capitol and request that the Secretary of
State obey the law?'
In reply to your inquiries l desire to call your
attention to the law and statutes Cover ming the
first proposition to which you refer. 1t is pro-
vided by Section of Chapter LXXXuI, OF the
Statutes OF California OF 1880, page so, as iol-
lows:
section l. Any person or persons having in
charge or control the State Capitol building, and
| allowing the same or any portion thereof TO be
used for the sale or distribution, in any manner,
shall be guilty of a misdemeador, and Shall,
upon conviction, be punished by fine of not
less than one thousand dollars
Section 4l2 of the Political Code provides as
follows
The Secretary of State is the superint endent
and mas charge of the State Capitol, and he
must keep the same, together with all property
therein, in good order and repair"
1t is further provided by Section I72 OF the
Penal ode of California, as follows:
Every person who in the State
Capitol, or within the limits of the grounds ad-
Jacent or belonging thereto, sells, gives away,
or exposes for sale any vinous or alcoholic
liquors, is guilty of a misdemeanor"
From the foregoing law Graw the following
l. That the Secretary of Sta'e is Superintend.
ent and has charge of the Capitol building and
grounds
2 That if, SIS such, he allows the said CAPITOL
building, or any portion thereof, TO be used for
the sale or distribution in any manner (either
by gift or otherwise), for profit of any malt or
spirituous liquors, he will be guilty of a misde-
meanor and subject to a fine OF s., 600
3. ANY person who in the State Capitol, or
within the limits of the grounds adjacent or
belonging thereto, sells, gives away, or exposes
guilty of q misdemeanor.
4. Where the law makes the doing of an act
crime it is unlawful for any person to do or
permit the act 10 be done.
.. That the Secretary of State has no right TO
rent or give privilege to any person to do
either or any of the acts or things prohibited
by Section l OF Chapter LXXXIII., Session Laws
of 1850, or prohibited by the provisions of Sec
ton l72 of the Penal Code.
In answer TO your second PROPOSITION / will
say, that the people have reserved to themselves
(the Legislature), all powers not relinquished
by the provisions of the Constitution. There
fore the Legislature can pass any resolution or
law IL may deem proper, provided their action
does not conflict with the Constitution of the
State OF California, and the Constitution of The
United States, or the treaties of Congress made
hereunder.
1 find no law authorizing the Secretary OF
State, or any one else, TO lease any portion of
the Capitol building or grounds
Ny opinion is that no public officer or board
has the right or power TO rent any portion of
State property, for any purpose whatsoever,
without express authority being granted them
by statute.
Believing that the foregoing answers all of
your inquiries, remain yours respectfully
WILLIAM II. II. HART,
Attorney. General of the State of California