Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-13
THE POWER TO REVOKE.
The Assistant Attorneys Opinion ~ to tbs
License Of Henry Rosenberg.

The Assistant Attorneys Opinion ~ to tbs
License of Henry Rosenberg.
The power Of the Commissioners to revoke 6
liquor license has been defined by Assistant
Attorney Thomas in an opinion rendered to
day in the case of Henry Rosenberg. The
history of this case is an interesting one and
dates back to the filing of the application in
December. On the 2sth Of December Henry
Rosenberg made application for a wholesale
liquor license at 712 P street northwest. Ac-
cording to the file wrapper this applica-
ton was rejected on January IL by Commission
ers Douglass and Ross. In the report on
the application for the liquor license from the
lieutenant it appeared that the place was a new
one and within 400 feet of the Polk School
building In the general remarks Lieut..
forms me that he intends to keep beer bottling
place only. know Of nothing against him. "
On February l q number of citizens residing on
T street between 7th and 9Th streets Joined In a
petition to the Commissioners. in which they
represented that they refused to sign the appii.
cation for hquor1icense that they protested
to the lieutenant Of police against the granting
OF license at said place. and that in the face
OF this protest and without any signers they see
that license has been granted.
The files Of the assessors Office show that a
license was granted to the applicant, but the
file wrapper, which is always notice to the as
SCISSOR of the granting Of liquor license, shows
that the same was refused. The Commission
ers thought the case needed explanation by
Lieut. Teeple, for his report was not in accord
they referred the whole matter to the majo Of
police, who detailed Capt. Austin to look into
the matter. His report vindicates Lieut.
Teeple, whom he said acted thoroughly in good
faith. As an explanation of the granting of
tho license it seems that the same was
-
missioner Douglass and Capt Rossell upon
the favorable report Of the lieutenant,
and during the time intervening be-
tween the reference Of the papers to the lieu
tenant for additional report the license was
issued although subsequently when the supple
mentary report of Lieut. Teeple came in Com
missioner Douglass promptly reconsdered his
vote and withdrew his approval. An endeavor
was then made by the Commissioners to revoke
the license and Assistant Attorney Thomas was
asked for his opinion. This he rendered today,
in which he says that il. was not necessary for
wholesale place and the law did not require
them, but that if he is conducting his business
in manner that is q nuisance and hurtful
to property interests it is competent
for ethe health officer or the courts on
the application of any one injuriously af-
fected to abate the nuisance. In conclusion
he says: "While it has many times been held
by the highest courts that license to sell
hQuor Is neither contract nor a right OF prop
erty within the legal and constitutional mean
ing Of those terms. this does not mean that a
municipality, invested with power to license or
regulate the sale of liquor. has the right to re-
woke liquor license unless such right be con-
ferred upon it by the legislature. The Commits
sioners under the old law had no such power
conferred upon them, even where the license
was obtained by deception or fraud. If a
licensee violated the terms Of his license or the
provisions of the law he was liable to prosecu-
ton. BY the law OF March 8, 1898, the power
of revocation is conferred, but only to a
limited extent 1t is only to be exercised after
at least two convictions for violation OF the law.
and then only as to licenses granted under the
provisions of that law"