Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-09
THENEW LICENSELAW
AttorneyThomas Decides Some Points
Of Interest.
THE COMMISSIONERS POWERS
Licenses Not Yet Issued to Come Under the
Provisions of the New Lsw-The Six ouos-
lions Asked by the Commissioners and the
Attorneys Answers.


several days ago. with the request that he
render an opinion upon several questions. In
the meantime all pending applications for
licenses were held up.
The opinion Of Mr. Thomas has been anx-
iously looked for and when it arrived this after
noon there were several representative liquor
men waiting to see il.
1t is understood a test case will shortly he
brought under the provisions OF the new bill to
test lis validity. The liquor men. it is said.
final decision
Already repeal bills are being talked Of and
an effort viii be made at the next session OF
Congress 10 have one Of them passed
THE OPINION
Below is the fall text Of the opinion deliv-
cred today by Mr. Thomas.
have the honor to return TO Won herewith
copy of the act Of Congress regulating the
sale of intoxicating liquors in the District Of
Columbia, referred to the attorney OF the Biz
trlct OF Columbia for his opinion on the fol-
lowing questions:
l. Have the Commissioners anv discretion
with regard 10 the suauce OF licenses under
this act except as to licenses 10 clubs?
. Can the Commissioners now act upon ap-
piications filed under the old law except under
the provisions of the new law?
3. In Cases where the Commissioners have ar
proved license and tine license has not been
issued do the provisions of the new law applv?
L. Where compliance Is made with the new
law can new licenses be issued for tn. rcms in Ter
of the curren; license year and prior to the :irst
day of November next.
D. What conditions attach to the issue of
licenses to hotels and what discretion have the
COMMISSIONER with regard thereto after COM
pliance with the requirements of the new license
law?
g. Can new licenses be granted prior TO the
first dav of November 1893!
in reply TO your first question NV opinion is
the Commissioners have under this law dis
cretIon except as to hotels and tayernsl
as to the granting Of licenses. BY
the second section of the act the
Commissioners are constituted an excise
board, and II is made the duty of eaid board
Ito take up and consider all applications for
licenses 20 sell intoxicating liquors and to take
action on such applications. and the ac-
tion of said board shall he final aud con-
elusive. and only on the granting bv
SAID board of a license to an applicant TO sell
intoxicating liquors shall the assessor
issue license to such applicant"
Again, in section g.. after providing for two
classes of licenses, wholesale and retail, ii Is
declared that 'if. upon consideration OF
the application by the board As provided for in
this act. and the board should decide to grant
the license prayed for. they shall notify the
assessor and tine applicant Of sueh decision in
writing. and the applicant shall thereupon re-
ceive his or her license"
These and other expressions in the act show
clearly. l think. that Congress intended to
invest and have invested the excise board
with a discretion to be exercised in view
of the facts and circumstances of each par
ticu.ar case. as to the granting or refusing
OF a license applied for except as to hotels and
taverns. If it bad been intended that every
applicant for a license. when he had complied
with the statutory preliminaries, was en-
titled to license. matter of
right irrespective of moral other
qualifications then think Congress would not
have used the eXprcssio IF the board should
decide to grant yhe license prayed for" found
in section of the act 1t is not TO
be supposed that Congress intended to limit
the lurl- dlctlon Of the excise boa I'd 70 the
mere examination and decision of the question
whether the applicant for a bar room license
| mas complied with all the statutory prelin-
lnaries. If that was the beginning and end
of the excise boards power then its MEM
bers. like the assessor who issues the license.
would be mere ministerial officers. Back of
the provisions of the statute lies the ouee ton
whether the applicants bar room tunless il be
in hotel or tavern is necessary for
the accommodation of the public. and
whether he or she lis a fit person to be
granted license 10 sell Intoxicating liquors.
and this Is what intended bv Congress
and authorized it to consider applica tons for
licenses, and to decide when 1t would grant
them.
In answer to your second question NV opinion
Is that all applications, under the old law. whic
have not been acted on, that is. where
the Commissioners prior TO March 3.
1898. have not approved the application.
fall to the ground and must be renewed,
if at all. under the new law. The act Of March
3, 1893, is declared to be in lieu of and a
substitute for all existing laws and regulations
on the subject, and all laws or parts
of laws inconsistent with it. except
such apply to the sale OF liquor within
one mile of the SOLDIERS Home. are expressly
repealed. 1t seems to me the language used IN
section II excludes the idea that the excise
board may consider the old applications for
license addressed to the Commissioners prior
TO March 3, 1898. There is no exception
as to pending applications. nor any provision
that such applications shall be carried over 10
be considered by the excise board created by
the new law.
In reply TO your third question. nv opinion
Is that In all cases where the Commissioners,
prior to March }, 1898. have approved an APP
piication for a license and the license has not
been issued the provisions of the
act of March 5. 1893 do not apply.
In such cases the applicant is legally entitled
to his license. and it only remains for the
SCISSOR to perform the ministerial act of issuing
Ii.
In answer to your fourth question. NV
opinion is. where compliance with the new law
Is made Licenses may be issued for the re-
mainder of the current license year The
business of dealing in intoxicating liquors
Is authorized, and il is not to be assumed
that Congress intended TO prevent any one
from engaging in that business between the
date of the approval of the act and November
l, 1893.
In answer to your fifth question my opinion
is that, by section of the act, the proprietor
of ',any established hotel or tavern having
twenty chambers for lodging guests is
entitled to license as matter
OF right on complying with the pro-
visions OF the act. Ii the owner or lessee of a
hotel should be convicted a second time for
violating any provisions of the act YOU have
discretion to revoke his license
In answer to your sixth question nv opinion
is, the excise board may grant huuor license
prior TO November /, 1898. While the law reg
ulates the sale of liquor. the fund arising from
license fees becomes part of the revenue of the
District, and II is not to be assumed that Com
gress intended to deprive the District of any of
Its revenue.
believe have now responded to all the
points on which You wished to be advised.
very respectfully. 5. I. THOMAS,
Assistant Attorney. ID. c.
THE HAWAIIAN TREATY.
1t Is Withdrawn From the senate by n Mes-
Err.s