Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-05-16

/ NAUs APPEAL FROM THE ACTION OF THE 70
LICE CoURT-wHAr JUDGE MILLER SAYS.
In the Court in General Term this morning
| Chief Justice Bingham, in the case of the Dis
trict of Columbia against Ignatius Nau, delivered
the opinion Of the court remanding the case II
| the Police Court, with instructions to arres
! judgment and discharge the defendant.
The defendant in May of last year was tried
in the Police Court for selling liquor in les.
quantities than pint without having obtained
license SO to do, in violation of the ac
of Congress of August q, 1871, and
amendments of June 20, 1871 He WIS I'D
judged guilty and fine of $50 in addition tc
the license tax of $780, or, in default sixty day,
in the work house was imposed.
The defendant. by Mr.. Leon Tobriner had
moved to Iuash the information on the ground
that no offense against the laws of the United
States OF District was charged; nor one punish
able by law for which the court can impose a
penalty and it was defective. This motion the
Police Court overruled and proceeded TO try the
case with the above result. and motion in arrest
of judgment was maze and Overruled. The de-
PENDANT by writ Of error from the Supreme
Court of the United States took the case up,
and few weeks since the case was argued by
Mr.. Dumont for the District and Mr.. Tobriner
for the defendant.
The chief Justice said the information made
no reference to failure to comply with the
provisions OF the act and it il simply alleged
that he kept u tippEhg ho!:se, &c, but no ale
CATION that he failed to pay the tax, and 1t is
defective.
1t appears to be in the form that has been
used for years. but taj5 IS probably the tiIst
time it, defects have been set ont and it utterly
fails to cover the provisions of the act. There
WAS no question as TO the power of the court to
review the case by writ of error and the order
would be that the case be remanded to the PO-
lice Court. with Instructions to nest judgment
and discharge the defendant.
WHAT JUDGE MILLER SAYS.
1.-The decision of the Court in General Term
in the case OF the District agt. Nau, said Judge
Miller TO a STAR reporter today, "simply en-
phasizes the necessity for a revision of the ex-
listing ordinances Of the Distinct and the enact
ment of such additional ones as will meet the
demands of the present day.
From the time l assumed my duties as one
Of the judges of thi- court have interested
myself i'll having these ordinances 80 amended
and reconstructed as TO make them reasonable
and enforceable.
of the ordinance relating to the preservation
Of peace and order. This measure was
introduced by Senator Faulkner. and after
some amendments was, believe, passed by the
Senate, but failed of passage in the
House of Representatives. 1t has been
introduced in the present Congress,
but as vet has failed to become
a law. In addition to this the Commissioners of
the District have for years urged upon Congress
the Necessity for a general law regulating the
liquor traffic, but for some reason they have
also failed to effect their purpose.
Il have repeatedly called attention to the de-
moraliZed condition of our municipal Ordi-
nances. their lack of uniformity in their appli-
cation to the various sections Of the District
and their want of adaptation to the present con-
ditiOn of the community.
The exgencies of the situation now demand
the immediate passage of bill revising and
amending the general ordinances of the Dis
trict and the enactment of just. reasonable
and equitable liquor license law. 1t is i'm
portant. both to the dealer well to the
citizen and the authorities, that there should
be plain and easily understood law governing
this latter subject. 1 find from experience that
laws Of this character are more easily enforced
and less frequently violated than the ambigu-
Gus enactments which are constructed by piece
meal and which by seeking to embody the in
terests and peculiar ideas of all classes become
incapable of construction or enforcement"
THE PENDING BILL IN CONGRESS.
One bill now pending in Congress, introduced
by Senator Mcmillan, was submitted to the
superintendent of police and Commissioners of
the District of Columbia and was by them re-
turned corrected SO as to meet the existing con-
dition of affairs in the District of Columbia. The
original proposition to make the license $1,000
was thought TO be excessive and reduced to $500.
If the bill becomes law il will, ii is believed
by the authorities after a careful perusal. reach
every emergency which they now have to con-
tend with.