Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-12
DISTRICT AFFAIRS
Prosecuting Parties Holding Licenses
Under the New Liquor Law.
ATTORNEY PUGHS OPINION.
How They Can and Cannot Be Proceeded
Against-Against Widening Spring Street.
Report OF the Sanitary Inspectors-Clubs
and Their Liquor Licenses-General Notes.

The District Commissioners today received
an opinion from Mr.. James L. Pugh, the prose-
cutting attorney of the Police Court,
relating TO prosecution of parties holding
license under the new law. He says: ian
examination of the provisions Of the new
law clearly shows that unless the person holds
license by virtue of its provisions he cannot
DE prosecuted for violating the terms
of law under which he is not licensed, and
by reason of not being licensed not subject to
its restrictions, except for the one Of
Tense of engaging in the sale of intoxicating
IN the sixth section is that under the
license issued in accordance with this act no
intoxicating liquors shall be sold. given
or in any way disposed Of to certain class
OF persons, and also in expressed terms require
that such places be closed between ~ O'Clock
midnight and o'clock in the morning,
during which last named hours and on Sum
day every bar room and other place where in
toxicatinS liquors are sold, which Is intended to
cover wholesale places. shall be kept closed and
no Intoxicating liquors sold. with an excep-
ton in favor of hotels. After providing in tbtS
act Itself that under the License issued in ac-
cordance with this act liquors shall
be sold on Sunday. &c, the 18th section
provides that any person having obtained
license under this act who shall violate any of
Its provisions shall. upon conviction. DC, be
fined not less than ESQ nor more than $780, and
for the second offense, in addition to the fine,'
the law SAYS. and have his license revoked
In the case of ODonuell Judge Miller de-
cided that a prosecution which was in
stituted before the massage of the oct
Of March 8. 1888, could not be carried through
successfully, for the very plain reason the old
law bad been repealed by the new law. and
in case the party should be convicted he could
not sentence him under the new law as the
offense was committed before its passage. and
the new law repealed the old law without
saving clause preserving such cases.
I'm disposing OF this case Judge Miller init
mated that prosecutions could not be brought
against such places for violation of the pro-
visions Of the new law in this respect TO SUM-
day sales. omen on SUNDAY and sales to Minors
&c. and aside from this immediate position of
Judge Miller il is clearly the law on the SUBJ
ject.
MY opinion is clearly that unless the person
has obtained a license under the provisions Of
the act OF March 8, 1898. he cannot be prose-
cuted for falling TO close on Sunday. sales after
hours. sales to minors and the like. They can,
however, be proceeded against under the
| twelfth section of the act for engaging in the
| sale OF intoxicating liquors without license"
CAME FROM CONTRACTORS CARTS
The police department recently reported the
presence OF large quantity Of dirt and mud on
| 18th street near Florida avenue. washed down
from Florida avenue by the late hard
OF the street sweeping services saws
| the dirt complained of could not have been
| washed down from Florida avenue but is un-
questionably the remnants of droppings from
/ failed to clean the streets of this cirt They
should. he thinks, be required to remedy the
evil complained of as often as requested.
CLUBS AND THEIR LICENSES.
| Messrs. H. E. Davis, Barry Buckley ana
| Snowden Ashford. representing the University
Club, appeared before the Commissioners this
| morning for the purpose of arguing
against the club being required to obtain the
signatures of the residents and property
owners TO the application of the club for lioror
license under the new Law. The gentlemen
! were informed that the matter was in the hands
| of Attorney Thomas and he would hear all
arguments before giving his opinion ON the
4 matter. Mr.. Davis will file a brief.
REPORT OF THE SANITARY rNsPEcroRs
The hesith officer today submitted the TO
port Of the sanitary inspectors for the
week ending May 6. During that period
| twenty -four squares were inspected. tocetber
with l,0li houses and premise,
Three hundred and four nu,sances
previously reported were abated during
| the week and sos premises were found With the
old style of plumbing. DIR. Hammett closes his
| letter as follows: The cheerful compliance in
nearly all cases by the people with the notices
| served upon them. aud the advice given
by the sanitary inspectors. temporary and
permanent, as well as instructions furnished by
this ONCE. IL praiseworthy, and while il mny
not be considered permanent in connectioa
with the above tabulated statement vet l. deem
| l. due TO the citizens 10 mention the fact
| with the hope that they will continue their CO.
operation WIN me IN Keeping the city clean"
AGAINST WIDENING SPRING STREET.
Regarding the widening of Spring strest
from l4th street extended. the application for
which was recently referred to At
torney Thomas for opinion. the latter
snys: The law in regard TO opening streets and
roads In the District outside of the cipes
| OF Washington and Georgetown provides that
land for such purposes may be condemned
| only on the application of residents through
| (section 252. IL. f. C. c. This pesition does
| not appear to be BY such residents.
Aside from this. the laws comprehend that
,ne taNtne OF private property shall only
DC ior pubhc uses. The offer Of the
damages would look AZ tbour6 tie pron-
! erty sought to be condemned was wanted
| Tor private purposes. The showing rs not suf-
heient, even though the COMMISSION ers should
re OF opinion that the public interests de-
Ia Ia.' we Widening Of Spring street to put
BUILDING PERMITS
Building permits were issued today o. fol-
lows: w. A. Stuart, ten brick dwellings. Nos
ll25 to ll4s 9Th street northeast, $4,000;
Miiiam III. Hunter. one frame store,
Nicholas and Howard avenue, Barry farm.
sa5oO; Thomas Ready. brick dwelling,
Tvs l. street northwest. 81. 700: L. j. Watts, one
brick dwelling, 40 % street northwest. sc. 700;
Fuss * Harper. one brick private stable rear Of
Adams street. 5000
PROTESTS AGAINST THE EXTENSION.
Amanda VI. Dean has written TO the Commits
sioners protesting against the extension
OF L street across her land, known Oak
Lawn. from Florida avenue to Columbis
road. for the following reasons: 7 street is
not extended beyond Columbia road. and the
distance around Florida avenue TO Columbia
avenue is trifiing that there would seem
necessity for cutting through hill forty or fifty
! feet high. Her property is tract VI about
1 seven and one-haH acres. aud IN case Of a sub
division the Commissioners can then require
that street should be plated if it should -
| deemed wise or advisable.