Evening star., 1895-09-05
A HOTELS LICENS
Effect of Its Distance From a School
House the Question.
An Important Point tn BE Determined
by the Excise Board-A Hear
ing This Morning.

An important question has arisen In
liquor matters, the final outcome of which
will be watched with great interest by
liquor dealers generally. Briefly, it is this:
Has hotel the right to liquor license
without regard to it's distance from a
school house?
Some days ago William T. Whalen ap-
piled for liquor license at $40 9TH street
southwest, the site of the Virginia, large
apartment house. His application was
made in due form, and was properly at
tested. With the filing of his application
came the filing of several protests, and the
excise board held the matter up, pending
hearing. The hearing was set for today,
and this morning the attorneys represent
ing the protestants and the applicant ap-
peared before the excise board and argued
the case. 1t was claimed by those who op-
posed the license that the excise board, in
view of the law of May II, 1894, amend
ing the liquor law, had no right to grant
of several of the flats in the house where
the license was sought were opposed to 1t.
and had never been consulted as to their
wishes in the premises.
Attorney Mndisan's Plea.
Attorney Madigan made strong plea for
his client. He had erected his hotel in
good faith, he said and in view of the
former rulings of the board had every rea-
son to expect that there would be no
trouble about his license. 1t might be true,
he said, that some of the roomers objected
to the license, but the regulations of the
board Interpreting the law specified who
were to be consulted in the matter of con-
sent in the filing of an application. 1t was
not disputed by the defendant that the
school of the Sacred Heart, at the corner
of sth and G streets southwest, was within
400 feet of the hotel, but in view of the
opinions of the attorney for the District
the law could not be construed to apply
TO the licensing of hotels. Mr.. Whalen
spoke In his own behalf and presented
some additional arguments, In a clear and
concise manner.
First Case Under the Amended Law
Attorney A. E. Shoemaker, representing
the Anti-Saloon League followed Lawyer
Donaldson in an argument against the
licensing of the hotel. He said it was plain
ly the intention of Congress to prohibit the
licensing of saloons of any character that
we're withia 400 feet of school house. The
present hotel was exactly 1863 feet 3 inches
from the school of the Sacred Heart. An
swsring the point made by opposing coun-
sci concerning previous holdings by the
board In like matters, he called attention to
the fact that this was the first case pre-
sented under the amended law. 1t was true
that under the law of March 3, 1888, the
attorney for the District had held that
hotels were excluded from the operation of
the law. or rather that feature of it regard
ing distance from school houses and church.
es. Realizing this defect, and anxious to
remedy 1t, the temperance people had the
amendment of May IL. 1894. passed which
covered the case completely and left no
doubt as to the application of the law He
called attention to this amendment, which
is known as section 16, and which reads:
That license for any of the purposes spect-
fled in any section of said act shall not be
granted TO any person to conduct such
business within 400 feet of public school
house, private school, or house of religious
worship, measured between the nearest en-
trance to each by the shortest course of
travel between such place of business and
any school house, private school, or house
of religious worship, except in such places
of business as were located and licensed at
the date Of the said act, or previous to the
erection of such school house. private school
or place of religious worship ."
Congress Knew What 1t Was Doing.
1t was evident from this, he thought, that
Congress kI ew what 1t was doing when it
passed the law, and it was plain that no
liquor license could. be granted to place
within 400 feet of school. The hearing
closed at the suggestion of Chairman john
son, and the attorney for the District will
be called upon to give opinion on the
law governing the case.