Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-31

TIRE STATUTE PROVIDES so pESaLTr ron vio-
LATINO TIE LICENSE Law.
The Supreme Court today decided hat the
regulation made by the District Commissioners
under which prosecutions sgains, liquor
dealers for selling withou, license have teen
Instituted .s invalid. III. decision was rem
dered IN he case q Michael L. Sullivan, Who
applied 20 the court for writ o; hsbess corpus,
Mr.. Justice jaime. delivered he opinion %
the court as follors,-
This is petition for . VII, o. habea, corpus,
II states that on the 29th Of September, 1892,
the petitioner ~as tried In he Police Court
OF the District Of Columbia an
Information charging that he did engage in
keeping bar room or upplng house where
distilled or fermented liquors. wines ccrdisls
we're sold without then and there having il
cense for that purpose. contrary 20
and In violation Of section |, article
10 OF the Police Regulations OF the District Of
Columbia, and on the dag and wear aforesaid,
after trial by jury. was adjudged guilty Of
said charge and was sentenced TO paw
a ene Of 600 and costs, and,
in default thereof, TO be committed
/ to the work house of said District for the term
OF ninety days, and that thereupon be was on
the 18th day of September, 1881, IT, default OF
the payment Of said fine and costs under
the Judgment aforesaid committed into the
custody OF the intendent Of the Wash
| ington work house of the District OF Column
bia, and is now In the custody Of
the said intendent. The petitioner AYERS
that section l OF article 10 Of the
police regulations under which he
was prosecuted, convicted and committed lie
| without al hority OF law and invalid and that
the Police Court was without Jurisdiction 20
proceed against him for any alleged violation
| Of said section.
certified record Of the proceedings Of the
Police Court is annexed as a part Of the petit
ton. From this IL appears that the petitioner as
| defendant IN the Police Court filed q motion TO
quash the information, and a motion in arrest
OF judgment, but sfterward withdrew all mo-
tions In the case, and submitted himself for
sentence.
The respondent sets forth in his answer as
the cause Of the petitioners detention the pro-
ceeding. in the Police Court.
The police regulation which the in
| formation IN this founded L. in the
| following words: 'Section /. No restaurant,
| bar room, sample room tipping houses
where distilled or fermented Guuors, wines
or oordials are sold shall be kept in
the District Of Columbia without a license
| therefor first had and obtained in accordance
| with the provisions of existing law and
the following regulations. And any person
violating the provision of this section shall on
| conviction, be punished by fine Of not less
than Sl00nor more than $3.50 for each and every
ofense, and, in default Of payment Of such fine,
such person shall be committed to the work
house OF the city OF Washington, in said Dis
trict, for period of not less than three nor
more than eleven months"
| The Commissioners Of the District claim that
authority to enact this regulation was conferred
upon them by Joint resolution TO regulate
licenses to propretors OF theaters in the city of
Washington and for
other purposes" passed by Congress
| Eehruary oe which in. he oll
words: "Section |. That all licenses issued bv
the Commissioners of the District OF Columbia
to proprietors of theaters or other pub
| lie places OF amusement in the city Of
Washington. District of Columbia and now in
force be. and the same are hereby. terminated
unless the persons holding such licenses shall
within ten days after due notice comply with
such regulations as may be prescribed for the
public safety by the Commissioners of the Dis
trict OF Columbia.
District of Columbia are hereby authorized and
empowered to make and enforce all such rea-
sonable and usual police regulations in addi-
ton to those already made under the
act of January &c, 1887, as they may deem
necessary for the protection of lives. limbs,
health. comfort and quiet of all persons and the
protection of all property within the District of
| Columbia"
1t has been assumed by the Commissioners
that this grant included power 10 prohibit not
| the keeping of any bar room, but the keeping
| of a bar room without license and to enforce
such prohibition by fine aud imprisonment.
In the construction of this grant of power
the first question is whether it is affected
by the reference to the act of January
&C. 1887. We think. in the first place,
that the words in addition to those
already made under that act, neces-
sarily mean 'those already made in accordance
with" &c, that reference is actually made
to the provisions of the act itself. In
the next place: we must hold that this
description of the regulations yet to be
made as being ''in addition" TO those
already authorized must haze been intended
to have some effect and we think they would be
| imperative unless they contemplated an ex-
tension of the class Of regulations already
authorized. 1t is necessary, therefore to con-
slider the act Of January 26, 1887. 1t enacted
as follows:
THAT the Commissioners of the District of
Columbia are hereby authorized and en-
powered to make. modify and enforce usual
and reasonable police regulations in and for
said District as follows:
| First. For causing full inspection to be
made at any reasonable times of the places
wherein the business of paUnbroking Junk
dealing or secondhand clothing business may
be carried on.
Second. To regulate the storage of highly
| infammable substances in the thickly popu-
| lated portions of the District.
| Third. To locate the places where licensed
| vendors on streets and public places shall
stand. and change them often as the public
| interests require. and to make all the neces-
/ sary regulations governing their conduct on
streets in relation to such business.
Fourth. To make needful regulations for
| the orderly disposition of carriages or other
vehicles assembled on streets public places
and to require vehicles upon such streets and
avenues. they may deem necessary, to pass
| along the right side thereof.
Fifth. To establish and regulate the charge
| to be made by owners of hacks and hackney
carriages of any kind whatever.
''Sixth. To prohibit conducting droves of
animals upon such streets and avenues as thew
may deem necessary to public safety and good
order.
Seventh. To regulate the keeping and rum
ming at large of dogs and fowls
Eighth. To prohibit the deposit upon the
streets or sidewalks of fruit or any part thereof
or other substances or articles that might litter
the same or cause injury to or impede pedcs-
triaps.
Ninth. To regulate or prohibit loud noises
with horns gongs or other instruments or loud
cries upon the streets public places. and to
prohibit the use of any fireworks or explosives
within such portions of the District as they NAV
| think necessary to public safety.
Tenth. To regulate the movements Of vehi-
cles on the public streets or avenues for the
preservation of order and protection of life and
| limb"
We have quoted these provisions at length be-
I