Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-02

He submits His Annual Report to the Dis
tritt Commits ioners.

He Submits His Annual Report to the Dis
triet Commissioners.
The attorney for the District. Mr. Hazelton
today submitted to the Commissioners the
annual repoH of his Office for the last fiscal
year:
Under the head OF advisory work his Office
has rendered during the year $50 opinions, and
has also, at the request Of the Com
missioners. framed many bills tor the
consideration Of Congress which have since be-
come laws. The office during the year prepared
all the tax deeds which were issued upon tax
sales and conducted all the cases in lunacy pro-
ceedings. In the Police Court the number Of
cases tried and disposed of on the District side
was 1856. and the total collections from fines
amp penalties during the year amounted to
s4s. 1901.
THE NAu CASE DECISION.
Mr. Hazleton calls attention to the fact that
the Supreme Court Of the General Term in May
last rendered DECISION in the case Of the Dis
trict OF Columbia against Ignniius Nau.
This case, he says, involved the construc tion
OF the act of the Legislative assem-
bly, of the District imposing a license on trades.
business and professions practiced and carried
on In the District of Columbia 1t also per-
tanned to the law relating to the sale
Of intoxicating liquors i'll the District.
and the decision is only important, he
saws. ar il relates to those sections of the law
relating to those subjects. The court in con-
StrninS the act he points out. placed all the
subjects of taxation therein contained
undor the same legislative power and
characterized the act in all its pro-
visions as n revenue act having for its object
the collection of revenues, the assessment of
taxes and the collection of the same no part
thereof falling within the police power of the
legislature
IT'S EFFECT UPON LIoUoR SELLING.
After citing the decision Mr.. Hazleton says
the discretionary power of the Commissio ners
To regulate the sale OF intoxicating liquor in the
District Of Columbia by license, a power hereto
fore existing and maintained by the court in
numerous cases and apparently leaves the
vendors Of Intoxicating liquor in tho District of
Columbia masters of the field. Ho has under
the law thirty days to pay the license
tax after 1t becomes due and PAYABLE
before the right of prosecution for non pay
ment can commence and is apparently pro-
tected in the sale thereof upon n tender Of
the tax whether ii is received or rejected
by the Commissioners. As the law now stands,
he says. Congress alone can supply the neces.
sary power for the control and regulation Of
the sale Of Intoxicating liquor in the Dis
trict. The necessity for such legislation
was suggested to Congress soon after the
Nau decision made and h bill pre-
pared by his Office to meet the necessities
of the case. IT passed the Senate apd ia still
pending before the committee of the Distric.
of Columbia in the House of Representatives.
II is to be hoped, he says. that this bill may
become law early in the coming session of
Congress.
Since the adjournment Of Congress his office,
with the earnest cooperation of the Commits
sioners. sought in vain to find an oasis
IN existing law upon which to found
authority in the Commissioners to still
exercise their former discretion over
all liquor traffic in the District SO vital to the
welfare Of the community. In conclusion he
urges the Commissioners to appeal to Congress
to enact such Legislation as will meet the neces-
sites of the case