Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-31
WILL THEY CLOSE?
An Interesting Phase of the New Liquor
License Law
Are Dealers Not Licensed Subject to
Prosecution After TOdays-No
Desire to Deal Harshly.

After today all persons who have not
been licensed to sell intoxicating liquors
under the act Of March 3. 1893. are subject
to arrest and prosecution.
This is what the attorney for the District
holds In an opinion to the Commissioners
| today.
Several days ago the Commissioners wrote
letter to the attorney asking whether I'M
der section II of the act Of March 8, 1893,
regulating the sale Of intoxicating liquors.
1t Is permissible for persons who have had
license under the old law and who ap-
ply for license under the new law on or
before the LIST Of November to continue to
sell until their application for license has
been acted upon by the excise board
I Section II Of the act above referred to
declares:
That all applicants who have had a IL
cense during the preceding year shall apply
for renewal Of such license on or before
November l Of each license year. and shall
be permitted to continue business until
license shall be granted or refused by the
excise board; but in all cases Of refusal to
grant license such proportion Of the license
fee as may have become due shall be de-
Quoted and retained from the sum deposited
therefor as the time from the LIST day of
November to the date of such refusal bears
to the entire license year, and no other
person shall be permitted to conduct said
business until a license is issued therefor 4"
TT will be observed" says the attorney,
| that this section refers to applicants who
have had license under the law Of March
3. 1888 The effect Of this law was to Gre
| ate a new system regulating the sale of
liquors in this District. This appears by
section q Of the act which declares:
That this act shall be in lieu of and as
substitute for all existing laws and regu-
| lations in the District of Columbia in rela-
| ton to the sale Of distilled and fermented
| liquors in the said District and that all
laws or parts Of laws inconsistent with
this act. except such laws as are applicable
| to the sale Of liquor within one mile of the
Soldiers Home. be, and they are hereby.
repealed.
''The language that all applicants who
| nave had a license during the preceding
year" says the attorney, in section II of
| the new law refers to such applicants az
! have had license under the new law dur.
Ing the preceding license year and who ap-
| ply for renewal for such license year,
| and not to persons doing business under
| licenses issued under the old law 1t fol-
lows that persons who have had a license
under the old law and who are applicants
| for licenses for the coming license year are
| not permitted to conduct business after the
| 31st instant unless licenses are issued to
them. and 1 SO advise you.''
To BE Considered.
Commissioner Parker, who is president of
| the excise board, stated to a reporter of
| The Star today that as far as he was con-
cerned there was no disposition to place a
strict construction upon the opinion. 1t
would be manifestly unjust to close old
established places without any warning.
When the board met this afternoon he
would bring the matter up, and see If there
| were not some way to get around the mat
| ter He proposed, however, to call up all
| applications for liquor licenses as soon as
| the excise board had another meeting and
dispose Of as many as possible. He did not
propose however, to violate the law, and II.
after careful examination. 1t were found
| that the Commissioners had no discretion
in the matter. the saloons would have to
close.
| Commissioner Ross said he did not want
| to work a hardship on the old reliable
places that have been licensed for years,
| and against which there has never been
| any complaint, but II the law was manda-
| tory and admitted Of no discretion the
Commissioners were powerless to do any
| thing in the matter.
The matter will be called up for action at
| the afternoon session Of the board.