The herald., 1894-01-10
A ARESTAURANT LEGALLY DEFINED.
Police Commissioners Wrestle
With a Knotty Subject.
Fhe City Attorney Thinks Restau-
rants Not Alone for Eating.
An Ordinance to BE Drafted to Make
People Holding Restaurant Lii
censes Sell Liquor in Orig
inal Packages.

MhyOI hDWAH anu OOmmlHblO0eTs
Bosbyshell. Arnold and Weldon we're
present when the police commission
convened yesterday morning in the
|, mayors office.
4 Officer ]. j. Goodwin presented $25
reward presented by constable d. A..
Tibbetts of Bakersfield for the capture
OF Tom Ashton, charged with felony
committed in Kern county. The money
was ordered placed in the police reward
and charity fund.
Chief Glass presented his monthly re-
port for December, which was received
and filed.
Chief Glass reported upon the petit
ion OF David Castro for permit for a
'oon at liz East REQ uena street,
recommending it be granted. Adopted.
Chief Glass reported on the epplica-
tion of Louis Reese for license for
saloon at 400 South Main street. The
report was favorable and the commia-
sioners granted the license.
An application was presented for a
transfer of license to E. j. Mccormick
for saloon at 460 North Main street from
@. ]. Arthur. Referred to the chief.
The applications of w. f. Gilbert and
w. J. Fifield for positions on the police
force were received and filed.
A petition from residents of San Fer
nando street, asking that William Stew
artson be appointed a special officer, was
\ referred to the chief for investigation.
4 II. A. Hart q Son, proprietors of the
I yNatick house, presented a petition say
n ing that j. II Carsey, now deceased,
I drew check for $40 in October, AMI it
M hx, Il
member of the police force. They
cashe the check. Carsey had no funds
in the bank and Kinney refuses to pay
The petitioners asked the commission
'Bers to take come action.
I At the suggestion of Mayor Rowan
jthe clerk was directed to inform Mr..
|sH Hart that the proper place for him to
igo was in the courts. Ii he obtained a
judg ment the commissioners would
nave it properly before them for action.
The commissioners then went in to
executive session for few minutes, and
sIwhen they we're in session again City
Attorney Mcfarland presented the fol-
flowing typewriter definition OF res
Lstaurant in response to request by the
klboard:
III In answer to your communication Of
|. the second stating that in the matter of
the alleged evasion of the liquor license
apd the regulation of saloons by means
restaurant license, that 1 be re-
)ouested to define what constitutes rea-
4 kaurant, reply as follows: The mean
kss-tng OF the word restaurant" has been
4 passed upon by the courts in many cases
and especially in New York and New
,persey.
In case in the Federal Reporter the
! eourt said: "As currently understood
fplt doubtless means only or chiefly an
| ssting house, but not infrequently bar
| iIorms part of it; sometimes lodging in
Exhibition; and it is just as currently un-
Herstood that in numerous resorts
Termed restaurants lodgings for travellers
ire provided or alleged to be provided,
o as to obtain license for the sale OF
liquors which is allowed to hotels, tav.
= rms or inns only"
In the fourth Hun. New York; it
! Fas said that the term restaurant has
10 such fixed and definite legal mean
ing aB necessarily to exclude its being
tn inn in the legal sense; it
may De an inn or it may not be
y cording to its legal character; the
me by which it goes ia of little or no
ccount. believe the word restaurant
,aeans place where people eat, or
where they eat and drink at the same
.lme, bat does not mean place where
3hey drink only. Whether OF not the
furnishing OF crackers and the like is
luch a meal as to constitute the place
lestaulant depends upon the peculiar
facts OF each case"
There was some informal discussion
" the report, and it was suggested that
the people having restaurant licenses
Eere obliged to sell liquor in original
n 'pckages it would result in checking
4 he trouble complained about.
On motion OF Mr.. Bosbyshell the city
ttorney was requested to draft an ordi-
iance amendatory OF the license ordi-
lance, incorporating this suggestion.
4 The meeting then adjourned.