Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-07

Assistant Attorney Thomas does not think
the Commissioners can legally resort to such
heroic means peremptoriy closing the Metz
croft Music Hall, proposed by the Senate
committee.
This matter, ii will be recalled was referred
to Mr.. Thomas yesterday by the Commissioners
for his opinion as to their powers in the prem
Uses. In his opinion, which was rendered this
afternoon, Mr.. Thomas saysi
81 have the honor to return to you herewith
= letter from Senator Mcmillan to you under
date oath ultimo, inclosing a copy OF the re-
port OF the Senate committee on the District OF
Columbia relative to the safety Of Metzerott
Hall, referred to the attorney OF the District
for his opinion as to the power OF the Commits
sioners in the premises. i have carefully ex-
amined this matter and have reached the con-
clusion that tho Commissioners cannot legally
resort TO such heroic means as are pro-
posed in the report of the Senate commit
tee. The first section of the joint resolu-
ton of Congress approved February 20,
1892, terminating the licenses then in
force of theaters and other public places of
amusement in city of Washington, unless the
proprietors within certain time conformed to
such regulations the Commissioners might
prescribe for the public safety, was provisional
and intended for the then present needs. 1t
was not continuing in its operation, and does
not, think, apply to theaters subsequently
built. except SO far as the regulations made for
existing theaters we're subsequently made part
of the code of building regulations. While it
would have been better to have refused
license TO Metzerott Hall until the building was
completed according to the building regula-
tons and to the satisfaction of the inspector
OF buildings, still a license having been
granted, do not see how the Commissioners
can legally suspend or take away that license,
nor until the license is legally terminated how
l. rr,1g L. o. tha
ball closed for public amusement. The law
which authorizes the granting of q theater
license in this District does not empower the
Commissioners to revoke it at their pleasure. A
license other at least than one to engage in bust
ness generally recognized as hurtful to the best
interests of society is property. 1t Is such a
contract between the state and the individual
as that revocation of it deprives him of proper
immunity or privileges under the Constitution.
For the Commissioners, therefore, to order
Metzerott Hall closed would, it seems to me,
be plain violation OF the property rights of
the proprietor, and such act on the part Of
the Commissioners would undoubtedly in
volve them in a suit for damages If Metze-
rott Hall Ia dangerous aud unsafe 1t is d nui-
sance, which may be abated either by indict-
ment OF by bill in equity for injunction to
prevent it being opened for exhibitions until it
is safe to the satisfaction of the Commission
ers.
al would suggest that you call the attention
Of the owners of Metzerott Hall to what is neces-
sary, in your judgment, for them to do IN order
TO render their premises safe, and suggest to
them that if they do not comply with your
requirements within such reasonable time
you may fix, that you will take such legal steps
you may be advised to compel them to.
1t seems to me that this case suggests regula-
non to the effect that hereafter no license for a
theater. &c, shall be granted until the inspector
of buildings shall have certified that the build
ing is completed and ready for use.'