Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-06-09

/ ASPECT OF THE CAsE-ATroRNEY HAzELToN
SAYS WAY WILL BE FOUND TO PREVENT THE
| SALE OF LIQUoR-MR. ToBRINER's VIEWS.
| Michael Sullivan did q great trade in dis
pensing liquid refreshment yesterday afternoon
when he opened up his saloon after the District
government had nolle pressed the case against
him. While Mr.. Sullivan was having q monop-
oily Of the trade several of his neighbors were
| going about getting signers to applications for
licenses in order to fulfill every requirement Of
law before opening their places. Signs for the ga
looms we're being painted and everything was
being put in readiness to make that end of
! Brightwood avenue liquor town.
The action of the District yesterday in nolle
pressing the charge against Mr.. Sullivan was
a surprise to counsel we'll to the court.
and the matter discussed over many q bar
last night, as well as by members Of the Dis
trict bar of the Supreme Court.
The action of the District is looked upon by
the lawyers as o confession Of weakness Of the
law. which has so often been severely criticised
by Judge Miller from the bench of the Police
Court.
What move the District will next make is not
known. The police applied to Attorney Rich
ardson at the Police Court this morning for q
warrant, but he refused to issue another writ
against Mr.. Sullivan.
WHAT JUDGE MILLER SAID.
When questioned by q STAR reporter this
morning Judge Miller said he did not care to
discuss the legal aspect Of the matter at present.
ns he may have to pass upon it IN a few days.
But, he said, "the need of a new liquor
law ia very evident"
"A high license law?'' queried the reporter.
What we want" answered the judge, sis q
plain, sensible, Compact law that can be en-
forced"
ATTORNEY HAZELToN CAUTIOUS.
Attorney Hazelton, when seen by a reporter
said he did not care to discuss the question at
present, nor would he say what he intended to
do in the matter. When asked if their con-
clusion in the Sullivan case would have any
effect upon the part of the District not included
in the mile limit he said he did no. care to dis
cuss that question now.
Il directed the dismissal Of the information
in the Sullivan case" he said, but what steps
will now be taken as to parties proposing to sell
intoxicating liquors within the mile limit dis
trict, wherein the Commissioners are pro-
hibited from granting license, 1 have not vet
determined. The decision of the Supreme
Court of the District in general term IN the Nau
case, which turned upon the sufficiency Of the
information in that case, has no bearing what
ever upon the questions involved in the Sulli-
van case. / think that we shall be able to find
some way to prevent the sale of Intoxicating
liquors within the mile limit in due time
EFFECT OF THE NAU CASE
The reporter asked Mr.. Hazelton what if any,
effect the decision in the Nau case would have
on the Commissioners relative to the applca-
tons for licenses for places not in the mile
limit; whether a person who had obtained the
necessary signers and had rendered the license
tax could conduct business even though the ap-
plication were unfavorably acted upon.
al mn mr. tn w ufa ffoc
the decision in the Nau will have upon the
power of the Commissioners to granting or
refusing licenses under the license act" he an
swered- Il desire to make a more careful
examination of the opinion before reaching a
conclusion on that subject"
WHAT MR.. ToBRINER THINKs.
Mr.. Tobriner, counsel for the liquor men, was
at the Police Court this morning. He was there
TO learn what, if any, steps were being taken in
the matter, but he only learned that Mr.. Rich
ardson had refused an application for a warrant
In discussing the liquor law he said that thew
went to the one-mile limit to test the
matter because they thought the District
could make its case much stronger there than
it could elsewhere, and they wanted to make the
best test possible. The same rule, he said ap-
plies TO the city as to the county, and saloons
can be opened on Pennsylvania avenue under
the same conditions which exist in the Sullivan
case.
Concerning the saloons on Brightwood
avenue" said Mr.. Tobriner, lit is the intention
OF those interested in the matter to have them
conducted on a respectable basis. and he
thought they would be conducted there as
orderly and as well as in other parts of the
District.
WHAT COMMISSIONER ROSS SAYS.
Referring to the action yesterday of the at
torney for the District in dismissing the case
against Michael Sullivan for selling liquor
within the one-mile limit of the Soldiers Home;
Commissioner Ross stated to STAR reporter
this morning that while he had not fully
informed himself in the matter, it appeared to
him that there no doubt Of the defective
ness of the law. The attorney for the District
would be at once consulted by the Commits
sioner, and such law drawn up and pre-
sented TO Congress for immediate
passage as would not only cure the defect ex-
isting in the present instance, but which would
also cure all other defects respecting the reg
ulating of liquor licenses and the sale Of liquor
in the District.
Being asked what would be the status of those
dealers who meantime would tender the amount
Of the liquor license, and then proceed to en-
gage in the business previous to the pas
sage of the proposed law, Commits
sioner Ross said that he thought that
the contemplated law would prevent
their continuance in business after its passage;
that Ia, such persons would of course be
promptly refused a license, and the power of
Congress to punish, at any time, persons selling
liquor in the District without license could not
be questioned. Therefore, thought Commits
sioner Ross, the triumph Of such parties would
be one Of short duration.
THE oNE-MILE LIMIT LAW
The act of Congress known as the ''one-mile
limit law was passed February %, 1891, and is
as follows:
An act to prohibit the granting Of liquor
licenses within one mile Of the Soldiers Home.
Be it enacted by the Senate and House Of Rep
resentatives Of the United States Of America in,
Congress assembled, That on and after the pas
sage Of this act no license for the sale Of intox-
eating liquors at any place within one mile of
the Soldiers Home property in the District of
Columbia shall be granted
The law legislated out of business forty-two
retail and thirty-three wholesale dealers. OF
this number the proprietors Of fifteen bar rooms
were in possession Of their licenses when the
law was passed and they we're permitted to
continue In business until the expiration of the
year.
THE LINES OF PROHIBITION.
The parties affected by the law claimed that
ii should be construed to mean one mile from
the Soldiers Home property by the nearest
travelled highway, but the attorney for the Dis
trict decided that the law meant that no license
al H. L.