Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-09-07
R. ENGEMAN'S LICENSE
Another Decision Against the Return of
His Deposit
Text of the Opinion of the Attorney
for the District, Who Exnmin-
ed the Question,


Mr.. Engeman, who essayed to give Wash
ington a taste of New Jersey horse rae
ing, has bobbed up serenely again. He
wants that SIS back, which the District
authorities took from him for a license.
Mr.. Engeman's season was, however, brief.
and he enjoyed few Of the privileges con-
ferred by the license. This is not the first
letter Mr.. Engeman has written for the
return of his money. His previous applica-
tions were denied. This time he bases his
claim upon other arguments. The Com
missioners promptly referred this to their
attorney for an opinion On the question,
whether, when an applicant for a license
deposits the license fee and obtains a IL
cense, he is entitled afterward on failure to
exercise the privileges conferred by the
license fee or proportional part thereof.
Attorney Thomas holds again that he is
not entitled to a refund OF the money, and
says further:
., Under the thirty-fourth clause of section
Il OF an act Of the late legislative assembly
OF the District approved August 81, 1871,
commonly called the ncens, act" Mr. En-
geman was entitled to q license for one
month to conduct horse racing within the
District OF Columbia, upon payment Of a
license fee of 500, or he was entitled to the
same privilege weekly for $25 or daily at
the rate Of IS per day when so used. Now,
as l understand the case Mr. Engeman
took out a license to conduct horse racing
for four weeks, for which he paid the sum
of 500. The law makes no provision for
the return Of the license fee or any pro-
rortionate part of 1t where the licensee
fails to exercise the privilege conferred but
only where license is refused by the mu-
nicipal authorities.
Section 2 of an act of the legislative as
sembly, approved January ~, 1872, in re-
gard to the repayment of moneys deposited
for license not granted, and for other pur-
poses, declares:
That whenever any person shall deposit
money in the treasury for the purpose of
procuring liceEse and said license shall
have been subsequently refused by legal
authority, it shall be the duty of the ac-
counting and dlsbursing officers of the Dis
trict to refund the money so deposited, de-
Quoting therefrom an amount justly proper
tionate to the time during which such Ii
cense shall have been used by the appli-
cant thsrefor, or his representatives, and
charge the amount so refunded to the fund
which was credited with the original de-
posit'
"Mr Engeman appears to have applied for
a license for four weeks, and accompa-
ried his application with the necessary de-
for four weeks ending Jsi uafy Z. 1894, ex-
Gliding Sundays. In that case he is not en-
titled to a refund Of any part of ths'license
fee. except III the event the District OF
him from exercising the privileges con-
ferred by II. = = =llI
1t Is not pretended that Mfs- Engenian' 8
license was revoked. OF that the District
authorities interfered with him, in the ex-
ercise Of the privileges conferred.
Aside from the language of the act Of
the legislative assembly Of January 10,
1872, in regard to the refundment of money
deposited for licenses not granted, which,
think. excludes the idea that 1t is to be re-
funded where licecse is granted, 1t would
be bad precedent to grant the present ap-
plication. Such a practice would create
confusion in District accounts The ac-
counting officers would never know what
the District resources were II it's revenues
were continually being reduced by refund
OF license fees, water rents, etc. License
fees are required by law to be paid in ad-
vance. They are part of the revenues for
the support Of the-government Of the Dis
trict. and are paid into the treasury for
that purpose. 1t is immaterial that IL
censees do not continue the business for
which they obtained license for the period
therein specified. They get the privilege,
and II they choose to abandon the bust
ness, they are not entitled TO a return Of
their money"