Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-06
OLD LICENSES GOOD.
Continued from First Page.)

Continued from First Page.)
United States possesses full and unlimited lee.
islative power. both of political and of mu-
nicipal nature, over this District, there can be
no question of its power to regulate
or entirely prohibit the sale of Intoxicating
liquors within the District and to revoke ali
licenses previously granted, for, rs declared by
1877 U. s., 81. "the police power
OF the state is fully competent TO regulate the
business. to mitigate its evils or to suppress it
entirely. There is no inherent right in citi-
zen to sell Intoxicating liquors BY retail
it is not privilege Of citizen; of
the citizen Of state or citizen
of the United States As it is
n business attended with danger to the COM
munity 1t may, rs already said, be entirely pro-
hiSited or be permitted under such conditions as
| Will limit 70 the utmost its evils. The manner
and OF regulation rest in the discretion OF
| the governing authority. Tha. authority NAV
vest in such officers it may deem proper the
power OF passing upon applications for per-
mission to carry 1t on, and to issue licenses for
| that purpose. 1t Is u matter Of legislative
will only Therefore. all persons obtaining
licenses under such legislative power must take
them subject to legislative will and subject to
be revoked whenever the legislative may deem
| 1t proper to do SO.
| THE SINGLE QUESTION.
| The single question raised upon the bill Of
exception taken by the plaintiff in error at the
trial below is whether the act OF
Congress has by fair and rational
construction entirely repealed and superseded
| all prior legislation upon the subject OF the
grant Of license for the sale Of liquor in
the District. and thereby nullifed all pre-
existing licenses. and made it necessary for par
ties holding such licenses to apply for and obtain
new licenses under the new law. Or whether
Crr0h l,,x 60.
| lowed to run and afford protection to the par
| ties holding them until the end Of the cu,rent
| year for which they were granted.
On behalf OF the plaintiff in error it has been
| ingeniously argued that the laws relating to the
liquor traffic in the District and the regulations
OF the passage Of the act OF Congress
under consideration are not repealed by
the act Of Congress- but that the old laws and
regulations in force at the date when the act of
Congress came into effect, and the act OF Con-
gress. are to be considered III pari materia and
the intent OF Congress is to be gathered from
the whole taken together.
10 refute this contention and to make it
plain that the two license systems cannot CO.
exist or stand together, even for n limited
time. 1t is only necessary to examine and COM
pare the provisions Of the acts of Congress with
those of the prior law. And it is proper first
to refer to the provisions of the prior law.
THE OLD LAW.
The act Of the legislative assembly of this
District, approved August %. 1871, provided
that no person should be engaged in any
trade, business or profession therein men
toned until he obtained license; and
that every person liable for license. who. fail
ing to pay the same within thirty days after
the same became due. for such neglect should.
in addition to the license tax imposed
pay fine OF not less than Ave,
nor more than fifty dollars. and
like fine or penalty for every subsequent
ofsense. 1t was further provided that every
less than pint, to be drank on the
premises, should be known as bur
room. sample room or tipplng house,
and the license tax or fee for such places was
800 annually. and the proprietors Of beer
gardens were required to pay a license tax OF
80 per day. And all dealers in distilled
and fermented liquors, wines and cordials other
than the keepers of bar rooms. sample rooms
and tipping houses, were required to pay an
nually Sl0 for each $1,000 of capt.
tai invested. but that no licenses should
be for less sum than S25 And
all annual licenses were required to date from
the lst Of November of each year and expire on
the 3lst Of October following; and the license
Of every person liable for license tax
after the first Of April. July and November, re-
of the month in which the liability began, and
payment to be made for a proportionate
amount
These were the principal provisions of tho
license laws Of the District applicable to the
sale Of liquor that were in force when the act
of Congress Of March g. 1898, went into
effect, and 1t was under these pro-
visions Of the prior law that the plaintiff in
error obtained his license to keep a bar room
on the 23d Of December, 1892, to expire ON the
3lst OF October following.
THE NEW LAW.
The act Of Congress of March 8, 1898, con-
tains twenty-one sections, ard as have said, it
processes to provide for the full and complete |
regulation of the entire liquor traffic IN the |
District Of Columbia and makes no provision |
whatever for continuing in force existing or |
unex pired licenses. |
BY section l it is declared that no person |
shall sell. offer for sale or keep for sale in |
barter or exchange for goods in the District of |
Columbia any Intoxicating liquor except as
hereinafter provided"
Section constitutes the three Commissioners
Of the District board Of excise, whose duty it
shall be to pass upon all applications for licenses
to sell intoxicating liquors. and whose action
thereon shall be final and conclusive, and such
board Is clothed with power to make such rules
and regulations for carrying into effect the act
rs they may deem requisite and proper.
Section prescribes the mode and manner of
making the application for the license, the
facts essential to entite the applicant to obtain
the license and the manner Of verihcation of
such facts, and by section every applicant
FOR license to keep bar room within
the definition OF the act is required to btain
and present with his application the written
permission OF a majority of persons owning
real estate and a majority of the residents keep
ng house in the immediate vicinity Of
he location Of such bar room.
And by section it is provided
hat under the license issued in accordance
with this act no intoxica ting liquors shall be
'old, given or in any way disposed
If to any minor or intoxicated
person, or to an habitual drunkard,
Tor to any person who is in the habit Of be-
coming intoxicated if such persons wife,
mother or daughter shall, in writing, re-
quest that the saloon keeper shall not
ell to such persons above the age Of
lxteen years, or between IL o'clock mid
hight and 4 o'clock in the morning, during
which last named hours, and on Sundays, every
,ar room and other place where intoxicating
liquors are sold shall be kept closed and no in
oxicating liquors sold.
Section provides that no license shall be
ssued for longer period than one year and
ection declares that all licenses authorized by
he act shall be Of two classes, wholesale
liquor licenses and bar room license. The .
ee for q wholesale license shall be $3.50
yer annum, and for a bar room license the fee
hall be S4O0 per annum. And by section o
very person receiving license to sell under |
his act shall frame it and keep it exposed
lnder glass in some conspicuous place in the
DOM where the liquor is sold
|