Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-18

n deciding that the new liquor license law
must be enforced and tina. those who wish 70
seil liquor in the District mus. bring themselves
Immediately under is provisions the Commits
sioners have come to the only conclusion which
law-sbidinS men. either officials or citizens,
could possibly reach. The new law sveeringiy
fo-tids toe local sale OF liquor and then pro-
vides certain exceptions based solely upon
licenses granted under its provisions. II cuts
up 0y the roots al previous legislation under
which the sale Of liquor has been authorized
So thorough and complete is this destruction
OF the previous license law tina. not even viola
tons OF the old law, committed while it was
still in fo-ce. can now be punished. The
previous laws have become nothing.
Absolutely nothing. both to the priv
ileSes which they graft and as to the penalties
which they infiict. This result would not be
accomplished IL the new law couli be pro-
nounced unconstitutional. impairirg the
obligation az a contract. but the Commissioners
will no. declare the law unconstitutional. They
dare not declare invalid. defy and d:sobey an
act Of Congress which has been sustained by
tie only court that has considered aa1 passed
upon the law. They are not the supreme
judicial tribunal to override the decision OF
the Police Court and nullify law. Those who
ask them TO permit or wink st the SAFE OF
Hauor under the old repealed licenses
REQUEST them to assume to be such
tribunal and 20 incur this responsibility.
The Commissioners are not in a position where
they can make a compromise decision or with
hold decision Aay conclusion which causes
them 10 trea;as otherwise than unlawful sales OF
10 vvh
under the licenses granted by the new law is
inevitably a decision that the old licenses are
binding and that the new Law is invalid.
There is 70 middle course Tor the Commission
e-s. To refrain from enforcing the law is not
10 steer saeely between extreme decisions; It Is
10 declare against tie law. The new statute
makes sales under :he old license law unlawful
and the Police Court declares that this new
statute Is good. The Commissioners cannot
say 70 the liquor dealers We will disregard,
nullify or hold in Allowance the law and you can
30 that which u fo-bids until You have the
opportunity TO call upon some higher
cour: to inya,idate the law. II the
Commissioners should refuse to treat
as unlawful that which the law and the Police
Court declare 20 be unlawful. they would con-
nive at and make themselves participants IN
the unlawful act In deciding to obey and en-
force the law and in requiring all to whom its
provisions apply to also obey. the Commits
sioners have merely done. after granting all the
delay which for his convenience the most ex-
acting liquor dealer could demand. that which
i. IVES absolutely essential for them TO do IL
they wished to avoid the charge of detyirg an
act of Congress and a decision of the court in
order to protect liquor selling that is author
lied AID regulated by no statute whatsoever.
The sales which the Commissioners are asked
to authorize By neglectinS to prevent are
not subject to the prohibition against
Sunday traffic or sales TO minors or
any other of the nGicious restrictions which
have been imposed upon the liquor traffic. For
sales under the old licenses cannot be regulated
ard violations punished under the former law,
since that has become null and void. Nor can
these dealers be punished under the new law, for
the licenses under which they sell have not been
granted in accordance with this law and the
penalties provided by it apply only to those
selling under such licenses. 1t would 3e neither
lawful wise polite for the Comrnii s:oners to
permit an unrcgu,a;ed and absolutely unre-
stricted hqror traffic until such time Gs the
highest possible tribunal could declare the new
law to be good, and they have acted wisely in
competent tribunal pronounces it bad