Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-23
THE LICENSE LAWS.

The Need for Action on the Bill Pending
Before the House.
District officials are especially anxious TO Sc
cure action by the House before adjournment
on the Hunton bill, which has passed the Sem
ate, regulating the sale Of distilled and fer
mented liquors in the District. This is the bill
intended to repair the defect recently discov-
cred in the law, it being held under the decision
In the Nau case that no penalty can be en-
forced for selling liquor without a license. the
penalty provided being for the failure to nay
the tax. The report made by Mr.. Hunton from
the Senate District committee said:
''Under this decision any person desiring
license to sell distilled and fermented liquors in
the District has nothing more TO do than to paw
the sum Of money assessed and then he has a
right to sell. The bill reported is intended TO
remedy this state Of affairs and to provide PEN
alties for carrying on any of the trades, bust
nesses or professions practiced or carried on in
this District without a license. 1t further pro-
vides that when the approval Of the District
Commissioners is required no one shall be
deemed to have a license until this approval is
first obtained. 1t is believed this will effectually
protect the revenues and give to the Commits
sioners some discretion in granting liquor
licenses"
The legal situation is set forth in q report on
the subject made to the Commissioners by Mr.
George c. Hazelton, attorney for the District.
which says:
The authority of the Commissioners to i'm
pose licenses upon all trades. professions and
businesses in the District of Columbia depends
upon the validity Of the act OF the legislative
assembly. approved August %, 1871, and the
amendment thereto approved June 20, 1872.
Heretofore a large revenue has been collected
by the District under these laws.
The decision in the case of the District OF
Columbia agt Ignatius Man, lately rendered by
the Supreme Court Of the District in general
term, hiss practically subverted this law and
rendered its provisions nugatory Unless Con-
gress shall mterpose its authority by the passage
Of remedial act this condition will continue.
Under that decision all that person need to
do to carry on any of the trades and professions
mentioned in said acts is to make q tender Of
the license tax to the Commissioners, which is
held to be a sufficient payment under that de-
cision to authorize the party TO carry the bus-
ness. and, If he has made such tender and il
prosecuting the business, notwithstanding he
has received no license, no penalty can be en-
forced against him.
1t matters not whether a party may have been
convicted Of the offense Of selling to minors,
keeping Sunday bar, or atwhat place in the
city he may open his saloon and sell liquor,
whether by church or school house. he is Sc
cure in that business il he has simply made a
tender of the license required.
BY this decision the discretion which hereto
fore was vested in the Commissioners to grant
or refuse license has been taken away and the
Commissioners rendered powerless to regulate
any of these classes Of business by license. The
Commissioners have made regulations, one OF
them. for instance, providing that livery sta
bic shall not be erected within a certain num-
Der Of feet of dwelling house, and in this way
regulate the location Of stables in the District
Of Columbia. But under this decision this reg
ulation is rendered nugatory, as there il no
penalty by which such regulations can be en-
forced. And this applies to every trade and
business in the District Of Columbia heretofore
licensed and controlled by the regulations OF
the Commissioners and by the laws heretofore
cited.