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

regulation, but in lie sctual form thi,
basis IL substantially ignored. In term. A NO.
Ndes simply . penalty for disreeardine th>
license law and evsding the license tan.
regulation se- authorized We cannot
hold That The failure to obtain q hcen.s
IL an act which In itself Il capable o. aa.c,ins
heath or qaiet or comfort. undoubtedly
q business which L. carried on In A.
fance q law IL likely 10 be carried on 1,
al Improper manner, bu, q /. not az thee
inaproprieiies hat this regulation 10 aimed.
As Ne have aid, IL deals only with the imrro-
prlcty Of carrying on this business Of ell ana
In Any manner without 6Tst obtaining q tcep.e
70 10 80.
SO long az licenses for engaging in ,hi. l,,s
OF business are required q T. 20 be greatly re-
erei'ed that adequate penalties have not been
provided Tor those who carry a on In
defiance 81 Jaw. II 10 known 90 thi.
coGri jadiciA,ly that what IL begun
IN defiance o: Law is accompanied on al side.
With such defiance. The mischief done hy
these 1nl:censed places. the corrup,ion which
they breed, the crimes which they cause
can hardly be estimated The calendars
OF our courts are black with their re-
sults, bat even these Disclose only q part Of a.
The seat Of government OF . decent and law
abiding people u dissgrred and made
disgusting b. rvil. which. 10 not cured.
could be diminished BY legislation. and
there IL strong temptation 20 supply lite absenoe
by bold construction Of law. fut We are no,
allowed to cure unlawful conduct by assuming
unlawful powers. Until this people shall give
rs power 10 cleanse their capital we car only
suaer and be held responsible for evils We can
not cure.
IL IL With profound regret that w. mus, hold
the well-ntended regulation of the Commi.-
sioners TO be invalid. The petitioner. Who IL
held In custody under Il. must therefore be dis
charged. An order will be made accordingly.
A. the conclusion OF the decision Judes
James said the court had been requested BY
Mr.. Thomas. attorney for the District. 70 ex-
plain fully the effect OF it's decision in the
Nan case. His honor said that the court
did not intend 10 say in that de-
cision that no proper information could be
maintained against the offense charged in that
case. What the court did intend TO cav was
that the information in that particular instance
was not properly drawn.
Judge James intimated that the question q
to whether or not a proper information could
be drawn was a matter d be determined in the
Office o: the attorney for the Dis;rict
WHAT THE COMMISSIONERS WILL DO.
This morning, at the early session of the
board of District Commissioners. the assistant
attorney for the District. Mr.. s. T. Thomas,
called and laid before them the facts in the case
repeating what Judge James had said as 70 the
effect Of the new decision.
The court, Mr.. Thomas remarked would not
say whether the District could get a conviction
If the information was correctly drawn
I'm that case, put in Commissioner Ross,
"wo lind ourselves in ss good position. as far
as stamping out this illegal sale Of hquor 10
concerned. as We were before these opinions
were rendered"
Exactly, said Mr.. Thomas. "and pro-
pose in view of what Judge James has said 10
Immediately proceed 90 draw up a new in
formation, and go for these illegal liquor
sellers again"
Zone thing about this whole business" said
Capt Rossell. lis that our position before Con-
gress is strengthened considerably, and IL will
be good material for arguments 60 secure at
this session Of Congress a liquor law that n Q
law in everything that the name implies"