The evening times., 1895-10-19


The struggle over the application o
w. 7. Whelan for retail liquor license a
the Virginia House, No. $40 Seventh
street southwest, was renewed before thu
excise board this morning, with the lega
talent reinforced by the presence of C
Maurice Smith, Is the representative O
| Mr.. Whelan.
The case came up by arrangement fo
argument upon the legal phases and as Q
preliminary 10 the general dis cussioI
Mr.. Smith filed an affidavit from hii
client, in which he swore that his leas,
OF the house for hotel purposes had beer
| perfected, that he had the requisite mum
ber OF guest chambers. and that, as pro
| prietor, he had notified the tenants OF
his possession of the premises.
Mr.. Smith argued that Mr.. Whelan now
| has a legal right 10 n bar license. He con.
| tended that while the board has unqual-
| ified discretionary powers in the matter Of
| ordinary retail and wholesale liquor es.
Establishments, the only things 10 be consid-
cred in connection with hotels are as tn
/, whether the applicant is as a matter Of
| fact aud law the owner or lessee; whether
\ the house has in fact twenty-five guest
| chambers, and whether he has paid the fee
| required by law.
| POWERS OF THE BOARD.
These conditions being complied with,
| II was the Judgment OF Mr.. Smith that his
| client could not be denied license, and
| 1t was his contention that these reQui-
sites had all been met. He argued that Mr..
| Whelan's object is TO start new business
enterprise, and that all such should be en-
couraged.
Tn supnnrt nj his cOpt epfiou that hOfele
| are not included in the provisions respect
| ing schools and churches, Mr.. Smith quoted
| Attorney Thomas, whose opinion had been
invited by the board, and then said that a
hotel proprietor had undisputed rights which
the board cannot ignore.
Would not the character of the applicant
have something to do with the question:
asked Col. Bates of the board.
mo, SIR was Mr.. Smiths emphatic re-
sponse. II am glad you asked that Ques-
ton. II matters not what sort of person
he may be; if he has complied with the re-
quircments which / have indicated, lie has
his right tc a license. He may have been a
thief, for that matter, or anything else.
and yet entitled TO his privilege OF obtain
Ing license"
Authorities were cited to show the
scope and force of proviso such as he
contcnded was incorporated In the law tn
exempt hotels from the provision as to
schools. among them being au opinion
by Justice Fields, in 12S U. S.
STIRRED UP THE LAWYERS.
Mr.. Smith caustically referred to the
alleged fact that n saloon keeper is rep
resented by an attorney before the board
in a war against n hotel bar, to which
Mr.. R. Newton Donaldson, the attorney
referred to, took exceptions, and there
was a wordy disputation, in which Mr..
Donaldson averred that he was represent
ing the tenants of the Virginia House.
Attorney Smith contendel that the law
as to general supervision of the bar can
not be made TO apply to hotel proprietors,
for, said he, a hotel keeper never enters
his bar except for refreshments. Again
referring to Mr.. Donaldson, he said the
board should compel him to disclose the
names of his clients, and Mr.. Donaldson
retorted that bis status in the case was
known to the board, which was all that
could be required.
Mr. Donaldson addressed tie board and
claimed that the Virginia House is not an
established hotel, and that the law requires
chambers to-be provided for the accomIno-
dation of transient guests, not tenants,
He also argued that Mr.. Whelan has not
obtained the assent of tine property owners.
Also, that the law as to location within
the vicinity of a school should be made TO
apply.
"whom do you represent" again asked
Mr. Smith.
..None of your business replied Mr..
Donaldson.
"A man who is ashamed to own his eli
eptage is in a bad fix" retorted the coun-
sci for Mr. Whelan.
Attorney Shoemaker appeared Tor the
Anti-Saloon League. He contented hn-
self with 4 brief review of the case, and IN
response to Mr.. Smiths reference to Mr..
Thomas, said chat the board is not obliged
TO adopt the opinion OF the District at
torney; that Mr.. Thomas occupies the po-
sition of an adviser only and his opinion
is not mandatory.
He called attention TO the opinions on
file from five attorneys, in which exception
is taken to Mr.. Thomas opinion. The
opinions of two of these attorneys have
already been published in The Times.
Mr.. Shoemaker's argument closed the
hearing, but the decision of the board
will not be given out for several days.
The issue is one of Importance, as estab-
fishing precedent in the matter of hotel
bar licenses.
DAILY ORDERS ISSUED.
The Commissioners to-day issued orders
as follows:
That sewers be constructed under the
provisions of law governing assessment
and permit work on Third street north
east bet ween L and NJ streets, esti-
mated cost S7S7, one-half tn be assessed
against abutting lots; on Marshall street,
from Sherman avenue westward, estimated
cost 81 ,2IO: one-half to be assessed against
abutting lots; on Kenyon street, from Thir-
teenth street eastward, estimated cost
1857, one half to be assessed against
abutting lots; in the public space formed by
the intersection of Georgia avenue With
Virginia avenue, and on Tenth street east
between the said public space and h street
south, estimated cost $551; nne-haif to be
assessed against abutting property to be
served; on the south side of street north
west, between Thirty-fiftb and Thirty
seventh streets, estimated cost $525; one
half to be assessed against lots: in the west
alley of square TIA, estimated cost $717.
one-half to be assessed against the lots to
be served.
That a catch basin be constructed at
the intersection of alleys in the middle
of square 7S7, estimated cost, S295,
chargeable to the appropriation for main
and pipe sewers. 1896: and that the basin
on the north line of A street. between Third
and Fourth streets southeast be abaD-
doned.
That $50 linear feet of 12-inch sewer
be constructed in the north side of Flor
ida avenue northwest. between Eighteenth
and Nineteenth street. including con-
nectioD across Florida avenue.
That sewer pipe be laid as folio VS.: One
hundred feet of S-inch sewer in Cedar
street, between Eighteen nth and Nine
teenth streets northwest, chargeable to
applicant; 1886 feet of 24-inch sewer in
street northeast. between Third and Fifth
streets. when funds are available.
That water main be laid in A street,
between Twelfth street and Kentucky
avenue. and in Kentucky avenue, between
A and B streets.