Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-13
MAY SELL ON SUNDAY.
No Law to Prevent Liquor Selling on
That Day.
So Says Judge Kimball In Q Decision To-
day-Ons Of the Fruits Of the
Busch Case.

There IL no law in the District Of Columbia al
present to prevent the keepers of nearly every
saloon from opening their places Of business on
Sundays and selling liquor to all comerA Judge
Kimban 90 decided in the Police Court this
morning, and in doing so he quoted the decision
Of the Court Of Appeals in the Busch case. The
question was raised BY Lawyer John A. Clarke
when John vogeler, G-street saloon keeper,
vas called upon to answer Q charge Of keeping
his place open last Sunday in violation Of the
act Of October, 1864.
Policeman Gleason Of the sixth precinct made
the case and Mr.. Pugh, the assistant attorney
for the District, went into court with 1t,
although he was certain that the case would
not stand upon the legal questions involved.
Indeed, he had given an opinion on the ques-
ton shortly after the decision In the Busch case
in which he expressly stated that persons hold
them could not be proceeded against, and al
because of the Court Of Appeals' decisiou-
When the Vogelsr case was called this morn
ing, however. Mr.. Pugh did the best he could
to convince the court Of the defendants liza
bility.
THE ARGUMENTS.
Lawyer John A. Clarke entered court, and
before putting in plea he moved the court to
quash the information on the ground that the
law had been repealed by the 21st section Of the
act Of 1893, which he said had repealed all other
laws relating to the subject matter.
Mr.. Clarke proceeded to argue the case from
his standpoint, quoting the decision Of the
Court Of Appeals and also Judge Mlllsr's decis-
ion- He had no. gone far into the question
when the court Interrupted. saying that enough
had been heard OF the defendants side Of the
case.
Il would like to hear what the District has
10, -, h. ~ h lrI-
Mr.. Pugh discoursed at length upon the logi-
cal conclusions Of the decision OF the Court OF
Appeals, which he said sustained all regulatory
sections of the old law. The license, he argued,
being held in full force and effect, 1t was not to
be supposed, that being the case. that the Cour,
of Appeals even intimated that they could not
be prosecuted for violating the old law, which
only regulated license which was valid and
good in law.
The court asked Mr. Pugh il he could present
any authorities in support OF his argument, and
he replied that he had found an Ohio decision
which, however. he was free to admit was only
one against the many authorities to the con-
trsry.
THE NOTION SUSTAINED.
Judge Kimball said he had tried to find some
way out Of the dilemma, az he knew it was moi
the intention of Congress to leave the city with
out law to suppress the sale Of liquor on the
Sabbath. The 21st section Of the new law, the
judge said, had clearly repealed the old law and
all regulations in relation thereto. He could
not conscientiously hold that the old law was
in force after the passage OF the act of March 8,
1885, and there was, therefore. but one thing
for him to do, and that was to sustain the mo-
ton to quash, which he did with great re-
luctance.
The motion was quashea and until next No
vember no prosecution can be had for the sale
OF liquor on Sunday.