Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-28
OLD LICENSES NOT GOOD.
Judge Miller Decides Against the Liquo,
Men In the Bush Case.

Judge Miller Decides Against the Liquor
Men in the Bush Case.
The decision Of Judge Miller in the Bush
liquor case, as anticipated in yesterdays STAR,
las against the defendant. but the case will go
to the higher court for final decision. 1t is
expected that the Court in General Term will
dispose Of the question at an early date, and
then the Commissioners will make known what
their action is to be. Should the upper court
sustain Judge Miller, as is confidently expected
by counsel for the District. and the licensed
places be required to procure new licenses
under the high license law the revenues of the
District will be largely increased.
TIE JUDGES DECISION.
In his remarks in deciding the case yesterday
Judge Miller held that the licenses issued under
the act Of August. 1871, were not contracts and
conferred upon the holders thereof no vested
rights beyond the power OF Congress to impair
In constituting the Nau case the court remarked
that it did not understand that case to decide
that the act of 1871 was one for revenue only
Gas contended by counsel for defendant) J.
but that the non-payment Of the license tax
being the only enforceable provision of the law
the information against Nau was defective for
want of averment that defendant had failed to
pay such tax.
The court said the act of 1871, while it pur-
ported to be an act to impose an occupation
tax. threw around the LIQUOR traffic certain
police restraints which clearly indicated that
the police power of the legislature was exer-
cised in respect thereto and placed these
licenses upon the same footing with those in
the several states in which the decisions read
by the district attorney had been rendered.
The Legislature of the District, which passed
the act OF 1871, had no power to grant a license
beyond the power OF future legislation to con-
troll or regulate nor to sell or barter away for
any consideration the right of future legisla-
ton to deal with these licenses.
The court then took up the act Of March 8,
1893, and declared that it undertook to regulate
the entire subject of liquor selling in the Dis
trict of Columbia and established new system
which should be lien of and as a substitute for
all pre-existing laws AID regulations upon the
subject. This the court held repealed the act
of 1871 as far as it affected this busi-
ness and necessarily involved the de-
struction of the licenses granted under
it. The court had never known
more uniform concurrence of authorities
than existed in favor of the position that the
| adoption of a new system of license laws of this
kind, without a saving clause in the act. car
ried with it the abrogation Of all existing
license under the old ACT. The case of Brown
agt. State, SO Georgia; Pluter agt. State, II
Nebraska, and Met. Board of Excise agt. State
of New York were cited by the court as leading
cases in support of this proposition.
LIE court tnen pointed out the Inconsistent
cies in the two acts, and declared that the act
of 1893 could not be put in practical operation
it the act of 1871 was TO stand. nor could the
licenses granted under the latter act survive as
all the incidental regularities which formed part
OF the license itself had been swept away by the
new act
In conclusion the court said that good time
had been devoted by Congress to the consid-
Grafton of the several measures introduced
upon this subject. 1t had before it the imper-
fections of the old law and it was evidently its
| intention to establish by the present act a new
order OF things entirely untrammeled by any ex-
| listing law regulation whatever. For these
| reasons the offer of the license Of defendant
as evidence was overruled.
THE OLD LICENSE NO JUSTIFICATION.
The court overruled the offer of counsel to
put in proof the old license as a justifcati on
and also the regulations under which they were
| issued.
| Counsel had nothing to say to the jury, and
| the judge briefly charged that if the jury found
that the liquor was sold in quantities less than
five gallons they should find verdict for the
| District.
| VERDICT OF GUILTY.
| The jury thereupon returned their verdict oil
guilty, and counsel for Bush gave notice that
! they would file the necessary motions in order
/ TO get the case to the upper court before April
g. when the act establishing the Court of APP.
peals goes into effect.
! SENTENCED IMPOSED.
This morning Judge Miller disposed of the
case by imposing the lowest penalty, $3.50 fine
or thirty DAYS in the work house.
A writ of error will be prepared and sentence
was suspended in order to give an opportunity
to have the case heard in the higher court