Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-27
LIQUOR SELLERS RIGHTS.
The Hearing I'm Regard Tn the CONSERVATION
ofthe Liquor Law To-day

hhe "esftuB IN heSaru tn the Non~trucfioU
Oft Liquor Law To-day
There was the usual large number Of liquor
men IN the Police Court this afternoon when
argument in the Bush liquor cases was resumed
Gen. BIrney resumed his argument giving
his two constructions Of the new law lie said:
For the protection OF their vested
rights the holders of licenses dated prior
TO March 3. 1898. and issued for the
current license year. stand upon section
IL OF the new Law. They ask no change
of Its language by construction: no subtle In
depreciation 20 warp lite meaning: no new rules
of grammar to turn past tense into a future
For them. a license is a license no matter
what may be its date. Having had licenses
during the year preceding November l. 1898.
they have the right under the literal terms OF
the new law TO apply on or before that date for
new once. The theory Of the prosecution
ignores the letter and violates the spirit
OF section IL Of the new law: defies the ordi-
nary rules of grammar; makes year consist Of
seven months and twenty DAYS. and
claims that license universally known as such
and always heretofore spoken Of by the courts
as such is no license.
GEN. BIRSEY's AMENDMENT.
TO sustain that theory" he continued sit
would be necessary for the court TO add sub
stantlally the following provisions to section IL
OF the law of March s. 1898: Provided how
ever. that the words during the preceding wear
when applied 20 the current license wear shall
be SO construed rs to exclude the months Of
November. December. January and February
and the first two DAYS of March Pro-
yidai. also. that the word license" contained
In the first line shall not apply 10 any license
for the current license wear issued by the Dis
trict Commissioners during the months and
DAYS aforesaid
ut being the intent Of this act 20 repudiate
the license contracts heretofore entered into
by the District Commissioners and" added
Rrrnax 70 lea fha n
consideration for said contracts and to take for
the public use, without compensation. all the
rights vested in the owners of the privileges
granted in said contracts"
Following this counsel referred TO .he words
''such license" and SAID that Congress evidently
meant this TO include the licenses granted
under the old law, and when he applied tor
renewal of the license he would make the appli-
cation for a renewal under the new.
There Is no such thing q renewal of O
license, remarked Judge Miller. when .
man makes application it is for a new license
and not for q renewal of the old license"
EN-Commissioner Douglass was present when
Mr.. Hazelton rose to make his final address.
THE CLOSING ARGUMENT.
Mr.. Hazelton in his closing argument said
that considerable time had been spent as to.the
admissibihty Of testimony 1.-THE old lcense1
The defense. he said, had maze no plea as to
the suricie ncy of the information. They admit
ted the sale proved by the District
and sought indemnity under the old license.
Gen. Birney said that tine defense contendei
further, and when he attempted TO explain his
position discussion followed Of the question
as TO whether the old license was a contract
"Ill admit for the sake Of argument" said
Mr. Hazelton. "tha: the act OF 1871 Is a revenue
act, and that being the case 1 submit that 1t
must fall before the police act. which has for
its object the good of the community, and it
must therefore stand higher than an act for
revenue only"
The court remar ked that the question mar
rowed down to whether the law Of IL being
reven ne act, made sacred q contract winch
Cong ress could not revoke