Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-06

Immediately preceding. and have his license
revoked; and on non-payme Mt, shall be impris
oned. Section IA prescribes punishm ent o.
those convicted of aiding and abetting tn,
violation OF the provisions of the act and sec
ton II declares that all applicants who have
had licenses during the preceding yeal
small apply for renewal Of such
license on or before November of each Ii &c us,
year and shall be permitted to continue bust
ness until license shall be granted or refused BY
the excise board. but in all cases of refusal to
grant license such proportion of the license
Zee as may have become due shall be deducted
and retained from the sum deposited therefor
as the time from the LIST of November to the
date of such refusal bears to the entire license
year"
CANNOT EXIST TOGETHER.
These several provisions Of the act of Con-
gress, il there were no more explicit provision
or declaration to be found in the act ND on the
subject Of the repeal OF prior legislatlo N. ar
sufficient to make it clear beyond doubt that
all pre-existing legislation authorizing tn grant
OF licenses for the sale OF intoxicating liquor
In the District was entirely supplauted an by
necessary implication repealed. The act of
| Congress deviseS and provides for the enforce
mont OF complete system OF liquor lie enses, in
no manner dependent upon the provisions of
any prior system. No prior leSis-
lntion authorizing the grant of
licenses can stand or coexist with the act Of
Congress. the Inter act being exclusi We. Two
entirely different systems founded in different
granted upon different terms and
| conditions. and the entire system
enforced under different sanctions, cannot. in
the nature Of things. be executed together As
we have seen, the terms and conditions upon
which licenses are authorized by the
the agency authorized to act
upon applications for and to grant or refuse
licenses the fee for the licenses, the fines and
| penalties prescribed for violations OF the law
and the restrictions upon the use Of the license,
are all essentially and most radically different
from the regulations prescribed by the pre-
existing law.
THE SEVENTEENTH SECTION.
1t is urged however that the seventeenth
section of the act Of Congress recognizes the
continued existence Of the licenses granted
under the prio.' law. and that, by implica ton,
such licenses should be maintained for the
full period for which they were granted. But
1t IL plain, to my mind at least that the pro-
visions OF that section apply only to the licenses
granted under the act Of Congress and not to
those granted under the prior law. As matter of
convenience and necessity tho license must have
u terminal point in time. and that point was
liked III the act OF Congress in accordance with
what had been the terminal point of
time in the previous law, but with no
issued under that law. The right of
renewal excludes the idea that il is of a license
issued under the former system. such Tcehse
being quite different thing from that issued
under the act of Congress, and Their efore it can
not be supposed that such license was
intended TO be made anew and TO
have new life impaired TO IT under the new law.
The whole scheme and policy OF the new law is
entirely inconsistent with any such construc-
ZION. Indeed, 1t IL only necessary to read the
seventeenth section in connection with the
be convinced of the "' uns ss SO
OF the contention of the plaintiff in error upon
this point. Moreover, i. is very clear that the
penalties and punshments prescribed for the
violation of the provisions of the act of Con-
Sress could not be applied and enforced for the |
violation OF the provisions of the pre- existing law
wholly different in its provisions and policy; |
and upon the concession that the act of Con-
gress takes effect from the date of its approval
the consequence would be. upon the theory of |
the continuation of the former license |
that there could be no punishment for any,
even the grossest, violations of the license |
system by party acting under such formef |
license This certainly never intended
1t has also been urged in argument for the
pinintiff In error that upon the theory of this
prosecution there could be no licenses issued
FOR the sale Of liquor in the District
before the LIST of November next. and
that, consequently. the entire business
of the liquor traffic in the District
would be suspended until that time But that
Is not correct. 1t is true with the repeal of
the prior license law all the licenses issued
under that law would necessarily cease to ex-
ist ana would no longer protect the holder.
LICENSES ISSUED AT ANY TINE.
But the act OF Congress contempiates the
issue Of license at any time from the date of it's
passage to terminate with the succeeding 3lst
OF October. The whole matter can be- and
has been, duly regulated by rules and
regulations adopted ~ the board of excise
commissioners, who ire authorized by the Sec
ond section OF the act to make such rules and
regulations, and under those regulations parties
may obtain licenses at any time upon compli-
ance with the law and satisfying the Commits
sloners that the license ought to issue.
In what has been said the object has been to
show clearly and distinctly that all Of the pro-
visions OF the prior law authorizing the grant
OF licenses to sell liquor in the Dis
trict have been repealed by necessary
implication in the passage Of the act
OF Congress Of March 8, 1898; that the
provisions OF the two systems are wholly incon-
gruous and rot stand together: and that
there is nothing to justify the contention. by
the plaintiff in error, that license granted un-
der the former or pre-existing license system
can be maintained and allowed protective force
under the present license system as declared by
the act Of Congress-
But Congress. ne il to remove all possible
ground for quest on or doubt upon the subject,
by the 2lst sectio.. the act has expressly de-
clared that this act shall be in lieu of and as
q substitute for all existing laws and
regulations in the District of Columbia, in
relation to the sale Of distilled and fermented
liquors in the said District, and that all laws orr
parts OF laws inconsistent with this act, except
such laws as are applicable to the sale OF liquor
within one mile of the Soldiers Home, be and
they are hereby repealed"
COMPREHENSIVE AND UNEoUIvocAL
Terms more comprehensive and unequiyocal
in meaning could not have been employed to
1eclare the purpose of Congress to repea! all
former laws authorizing the issue of
licenses to sell liquors in the
District; and with such repeal, as
The necessary consequence, to revoke all unex-
plred licenses issued hereunder; and it is not
or this court to restrict the plain meaning Of
he language Of the statute. or to ATTEMPT to
void the force of it. to relieve what would
appear to be hardship or injustice t,
Individuals. For whatever injustice or hard
hip may be inflicted by the legislation in ques-
ion redress must be sought of the proper
oower to grant relief; this court has no
bower over the subject. We must take the law
IS we find it written and give it effect accord
ng to the plain language employed And 10
10 that In this case leaves no alternative az
'ording to my judgment. but to affirm the
Judgment Of the Police Court