Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-04

The Necessity Of Its Passage Shown-Soms
Provisions Of the Measure.

The Necessity Of Its Passage Shown-S0ms
Provisions Of the Measure.
"Mr. Hunton's bill regulating the question Of
licenses needs and should receive the favorable
action Of the House before it becomes q Law.
Without such action the District, 80 far %
licenses ars concerned, will remain in a
state Of anarchy until Congress meets again,
and all that will be necessary to open
saloon viii be to make tender Of the license
fee," said one prominent citizen ut the Capt.
toll today. every good citizen in Washington
should use every ounce of influence he can ex-
ert to get the House to pass this bill before ad-
journing.
"Its failure to pass would mean not only
great loss Of revenue to the District, but its
effect from moral standpoint would be some
thing to greatly deplore."
PRovISIoNs OF THE BILL.
The bill itself, for which there is % much
necessity, has passed the Senate. 1t provides
simply that it shall not be lawful for any per-
son to engage in the trades, business and pro-
the license acts Of the District
without first having obtained license therefor.
orin the business and professions specified
within the District Of Columbia. with
out first having obtained license, or
who shall engage in any business in
any part Oh the District where by existing law
license is prohibited, shall. on conviction
fined not less than $40 nor more than
| 300, and o like fine or penalty for each
subsequent offense, and in default Of payment
OF such fine he or she shall be imprisoned in
the common Jail not to exceed twelve months:
Provided, That whenever the approval of the
Commissioners is required to any application
| for license under existing law or under regu-
lation adopted by the Commissioners according
| to law, no person shall be deemed to have such
license until he or she shall have obtained such
approval
Mr.. HUNToN's REPORT.
Mr.. Hunton, in the Senate, made report on
this bill, containing strong letter from the
attorney for the District. In the report Mr..
Hunton said the Supreme Court of the District
OF Columbia asdecided in the Nau case that the
law now in force is revenue act and the object Of
1t is to collect revenues, assess taxes and collect
the same. That the penal part of said law is
the failure to pay the taxes assessed. Under this
decision any person desiring license to sell dis
titled and fermented liquors in the District has
nothing more to do than to pay the sum of
money assessed, and then he has a right to SELL
The bill reported Is intended to remedy this
state OF affairs and to provide penalties for car
rying on any OF the trades. business or profess
sions practiced or carried on in this District
without a license. 1t further provides that
when the approval Of the District Commission
ers is required no one shall be deemed to have a
license until this approval is first obtained. 1t
is believed this will efectualy protect the reve-
nues and give to the Commissioners some dis
cretion in granting liquor licenses.
ATTORNEY HAzELToN's VIEWS.
Mr.. Hazleton in his letter on the subject said
Gentlemen: The authority Of the Commits
sioners to impose licenses upon all trades profess
sions and businesses in the District of Columbia
xhaa f<>fy ha1
lative assembly approved August %. 1871, and
the amendment thereto approved June 20. 1872.
Heretofore large revenue has been collected
by the District under these laws.
The decision in the case of the District of
Columbia VS.. Ignatius .Nau lately rendered by
term, has practically subverted this law. and
rendered its provisions nugatory. Unless
Congress shall interpose its authority by the
passage of a remedial act, this condition will
continue.
Under that decision all that a person need do
to carry on any of the trades and professions
mentioned in said acts is to make a tender Of
the license tax to the Commissioners, which is
| held to be sufficient payment under that de-
cision to authorize the party to carry on the
business, and. If he has made such tender and
| Is prosecuting the business, Notwithstanding he
has received no license, no penalty can be en-
| forced against him.
| 1t matters not whether party may have been
convicted of the offense Of selling to minors,
keeping Sunday bar or at what place in the
city he may open his saloon and sell liquor,
| whether by a church or school house. he is
secure in that business if he has simply made q
tender of the license required.
| BY this decision the discretion which hereto
fore was vested in the Commissioners to grant
or refuse license has been taken away and
| the Commissioners rendered powerless to regu-
late any of these classes of business by license.
| The Commissioners have made regulations. one
Of them, for instance, providing that a livery
stable shall not be erected within certain NUM-
| Der of feet of dwelling house, and in this way
regulate the location of stables in the District
| of Columbia. But under this decision this
regulation is rendered nugatory. as there is no
! penalty by which such regulations can be en-
forced. And this applies to every trade and
business in the District of Columbia heretofore
| licensed and controlled by the regulations of
| the Commissioners and by the laws heretofore
| cited.
decision in the case Of the District Of Columbia
thereof will fully sustain the view pre-
| submit the draft of a provision of law
which will if passed by Congress give the
relief that is absolutely needed, and which
is in every respect reasonable and just. As you
will see. it simply gives efficiency to the laws Of
the Legislative assembly which have been de-
clared by the court as laws for revenue only, so
as to create and authorize the enforcement Of
their provisions by proper penalties.
HIS WORST EXPERIENCE.