Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-28
An Opinion as to the Transfer of a
Liquor License.
IT Is CONFINED 70 A PERSON
And Does Not Justify a Change
of Location.
OTHER ACTION AIKEN


change of location"
This is the substance of an opinion rem
dered by the attorney for the District to-
day upon an interrogatory of the Commits
sioners.
He also holds that the issuance Of a Il
cense to a place within 400 feet of a church
through inadvertence gives the Commis-
sioners the right. and it Is the duty OF the
excise board to revoke the same. The opir-
ions are interesting and are as follows:
/ have carefully considered these ques-
tons. and am of the opinion. I'm response TO
the first one, that the right of the Commits
sioners to approve the transfer of a liquor
license is confined to the person and docs
not justify change in the location. In re
Spouse to your second question, section l6
of the act of March 3. 1888, regulating the
sale or intoxicating liquors in this Distrlcf
declares that licenses for any of the pur-
poses specified shall not be granted to any
person to conduct such business within lOo
feet Of a public school house, private school
or place OF religious worship, except in
such places of business as may have been
located previous to the erection or occupa
ton of such school house, sc, .
measured between the nearest entrances to
each by the shortest course of travel"
This section goes to the power of the Com
within 400 feet of a church, and 1t results
that il they should grant a license the
same not being to a hotel or a club. 10 an ap-
ed Within 10 Feet Of = church w or s .SSS
house, II would be void. and il would be
| the right and duty of the excise board to
revoke the same
The Freedman's Hospital.
The Commissioners recently asked the
attorney for the District to render an
opinion upon the language land hereafter
| the Freedman's Hospital and Asylum shall
be under the supervision and control of the
commissioners of the District of Column
1t changes the previous acts OF Congress
| In regard to this asylum SO as to give the
Commissioners the right to make appoint
ments therein. In his opinion rendered to-
The Freedman's Hospital and Asylum i'm
this District had its origin in war times.
control of the Secretary of War (Rev. Stat.
Z. S. 2oSsl. but Congress by act approved
June %. ls7A as Stat, 900. Transferred it to
| make all estimates and pass all accounts
and be accountable to the Treasurer OF
the United States for all expenditures: and
| termaster stores belonging to said hospital
| and now In charge of the War Department
shall be transferred to the Interior Depart,
| Grimke and eight others filed in the Office
| Of the recorder OF deeds of this District a
certificate of Incorporation. under the gen.
| Hospital OF the District of Columbia. "
| This certificate was intended, l am in
/ r.
pital and Asylum, but as that was a GOV
| eminent institution under the control OF
the Interior Department II Mas not in the
absence of further legislation the subject
of an Incorporation. So that even though
| said certificate had contained the full mans
of the hospital it amounts to nothing. and
| does not deprive the Secretary of the In.
| terror of jurisdiction over it. conferred 10y
| the act of June -. 1874 The single ques.
ton therefore is whether the provision ir
! the act of March 5. 1893. being the current
| District appropriation bill. that the expeni
itures of said hospital shall be under tn.
supervision and control of the Commits
| sioners," transfers to the latter the righ
TO make appointments in the hospital. and
| this depends upon the question whether ac
4 of March 3, 1883, repeats the act of June %
1874. SO far as the direction and control Of
the hospital Is concerned. II is q genera
| rule In the construction of statutes thai
repeats by implication are not favored. y
| is reasonable presumption that the Legis
| lature does not intend to keep really con
Trajectory enactments on the statute books
| or to effect so important a measure as
| repeal of the law without expressing an in
tention to do SO. Such an Interpretation is
Inevitable. There appears to me to be nc ,s
| conflict between the act of June %. 1874
and the act Of March 3, 1895. as to the con-
troll and direction Of this hospital. The &C,
Of March 31SSa simply declares that here
| after the expenditures for the Freedman q
Hospital and Asylum shall be under the
sioners of the District of Columbia" 1,
will thus be seen that the language of the
two statutes runs in parallel lines without
| meeting For these reasons my opinion is
the clause in the act of March 3. 1888
| above referred to, gives the Commissioners
e 70 sSe nna eohinS, h
| and Asylum. but does not confer upon
| them the right to make appoin tments there
| the Interior, under the act of June %, ISL;
| comforting upon that official the direction
and control Of the hospital.
| philadelphia Experience With Infections
| Hospitals.
The following letter comes from the
mayor OF Philadelphia to the Commission
ers upon the subject of contagious disease
| hospitals: Opposition to the establish
ment of hospitals for contagious diseases
| is always to be encountered from various
| interests affected, as no one desires to have
| such institutions located in his immediat e
neighborhood. The city of Philadelphia has
such hospitals located not very distant
| from the center of the city: that is. a mile
| or more, in district that has become more
| or less thickly populated. The buildings
| are located upon piece of ground abou,
ten acres in extent i'm the twenty-eighth
| ward, not far from the New York branch
| of the Pennsylvania railroad. and not very
distant from Germantown junction. These
| buildings were established in 1865 when the
| population of the city was less than 100000
ana when the lot in question was sur.
rounded by commons. The city has rapidly
| extended all around this location and nov
| there is a clamor for the removal of the
Il
| appointed to select a new site and TO adj
| wise as to the construction of new build
ings, appurtenances, etc.
| The selection of a site has been contem.
plated before. but obstacles have been en-.
! countered which have delayed action. The
| selection of site is a most difficult ques.
| ton. While 1t is of the greatest advantage
1 to the sick to have such an institution con.
| venient of access to all parts of the city. SC
| as not to expose them to the risks of Ions
| and fatiguing transportation, the people
| and business interests object to such a loca.
/ ton. There Is less objection to a remote
| location, but there is the difficulty of &C.
| cess to be encountered, which makes the
uses and value of such institutions excep,
for the territory contiguous thereto, almos,
| nil. In a city like Philadelphia, which has
/ a very extended area, you can understand
/ that hospital located in the environs will
| be very distant from the extreme Other
4 side of the city and consequently il should
be determined before so locating a hospital
| 1t will be necessary to multiply the number
| so as to make them equally accessible to
1 all sections. The commission will locate a
| site. an appropriation having already beer
made for the purchase of ground. The &C
| ton of the commission will be subject to the
| confirmation by city councils. AT that time
| 1t il expected that local interests will exer-
themselves to oppose such action. The site
| on the river will be advantageous IL II were
not for the difficulty of access and cost OF
transportation. DIR. y. w. Richardson OF
| London, who is an expert in these matters
| Is of the opinion that hospitals for the
treatment of contagious and infectious dis
| eases should be centrally located, and h,
II C. n1e1 <f Al,< <.v.swz .<<w. 49,.