Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-02
TWO ARE ENOUGH.
Three Commissioners Not Necessary
to Grant Liquor Licenses.
Mr.. THOMAS IMPORTANT OPINION.
Changes His Views on the Excise
Board Question.
HIS AUTHORITIES GIVEN.

Inc liquor men Of Washington have cause
to rejoice. At least those whose applica-
tions Tor liquor licenses have not vet been
acted upon. Attorney Thomas, in an opin-
Ion rendered today. holds that two mem
bers OF the excise board is a majority. and.
therefore. has the right to consider applica-
tions for liquor licenses This has been a
serious difficulty all along. The illness of
Commissioner Parker made 1t necessary for
him to go away. and his absence left the
excise board minus one member. and all
pending applications We're laid aside until
he returned, until Congress authorized
the action Of two members of the excise
board as legal.
1t was expected that Congress would do
this before the holiday recess. but 1t failed
to do So
Attorney Thomas opinion in full is as fol-
lows:
by your letter of December is. 1893. you
request my opinion whether two members
OF the excise board may act in the absence
OF the third. i have the honor to say that
when this question was first put to me-
orally, several weeks ago, 1 thought the
whole board must assemble and act to-
gether. but on examination of the point in
the light OF authority. 1t seems that two
members may act, If the third has notice
OF the time and place of the meeting The
YORK. People ex. rel. Kimball and Hough-
ton, Al Hun. N Y, 55S
What number of board of directors
shall constitute a quorum for the transac-
tion Of business is frequently IL not generaI-
ly fixed by the statute creating the corpor-
alton or by its bylaws. There is some dis
tinction between public and private boards
II the officers are Of public appointment
then the act Of a majority at a regula r
meeting is binding. The supreme court of
iowa after citing numerous cases on the
point. says: 1t ofllows then in the light of
these authorities since the president and
two OF the directors constitute a quorum IL
was competent for two. being a majority
OF that quorum. to bind the corporation;
ana II Two were able to act. even as
against the opposing vote of the other they
could fortiori. act without his concur
2S4
II the matter is of private concern as for
example, board Of arbitration all must be
present and act The act of Congress of
March 3. 1885, creating the excise board
does not specify how many members of the
Doard shall constitute q quorum for busi-
ness. and does not therefore exclude the
Idea that a majority may act at any regular
meeting OF which the absent member has
notice and an opportunity to be present
Inc act OF Congress Of June IL, 1878 CO
stat, l02), providing a permanent form of
government for this District. contemplated
the presence of the three Commissioners as
a board at all meetings for the transaction
OF business And contracts for public inn
provements IL was declared shall be made
and entered into only with the official unani-
nous consent of the Commissioners"
owing to the occasional unavoidable alb
sence OF one of the Commissioners by rea-
son or sickness or other cause, this feature
OF the law was found inconvenient to the
transaction OF important official business
To remedy the difficulty Congress by Joint
resolution approved December "a, 1870 C28
Stat. ll13), amended the law by declaring
that two members of the board should CON-
stltute quorum, &c. For these reasons 1
think II Is plain that two members of the
excise board may transact business at sny
meeting or which the third, or absent men,
Der has notice and L SO advise you"