Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-14
COSMOS CLUB LICENSE
An Opinion in the Case Rendered by Attor-
ney Thomas
The Club Entitled to n Return of Its
DcpOsfts-Other Points That Are
Still UnsettIed.

turned 10 the Commissioners the applica-
ton of the Cosmos Club for the return of
800 deposited by it as license fee, Oc-
tober 81, 1874, for the year ending October
81, 1898, and also the protest of the club
against the issuance to it by the excise
board of license for the license year end
ing November l. 1895, with his opinion.
The disposition of this case, he says
does not depend upon the decision of the
Police Court in the District against the Ma
tional Capital Press Club. the basis of the
Cosmos Clubs demand for the return of
it's money resting on entirely different
grounds 1t was the right of the club, he
says, after having applied for a license, to
of it's money at any time before the is
suance of the license, and it cannot be de-
prved of such right by the issuance of a
license after it had withdrawn its appli-
cation and requested the refundment of
it's deposit.
He is of the opinion that the Cosmos
Club Is entitled to the return Of its de-
post, and that the license issued, but not
delivered to it, should be Cancelled. If the
officers of the club he continues, suppose
that they do not need license, they take
the risk of prosecution for dispensing
liquors without it. Continuing, he says:
Il do not understand that the decision of
the Police Court holds generally that in
corporated clubs are not required to get
culiar organization Of that club it was
not required TO have license"
Scope of the Opinion. .-r
At the first reading of Mr.. Thomas opin-
ion one would think it to be a direct con-
tradiction of the opinion rendered in the
first instance in the case Of the Cosmos
Club. When the club first applied for re-
fund of it's deposit of $780, it was supposed
that the application was based on the de-
csion of Judge Miller in the Press Club
case. The application was refused. Inc
attorney ruled that where money had been
paid in, not under protest, and received by
the government in good faith, the money
could not be recovered. That ruling was
rendered February 2.
AS was stated in The Star at the tinoe
the excise board made a sharp move on the
clubs and issued licenses to all clubs when
had applied for them-eisht In ALL On the
9Th instant the president and secretary or
the Cosmos Club wrote a lengthy commu-
nicaton to the Commissioners, protesting
aginst this, and it was with reference TO
this protest that todays opinion was rem
dered by the attorney. He holds, as stated,
that cit was the right of the club after
having applied for a license. to change its
mind and demand the return of its money
at any time before the issuance or the
license, and it cannot be deprived of such
right by the issuance of license after 1t
had Withdrawn it's application and request
ed the refundment of its deposit
[
on the analogy betweanothe case of the
Cosmos Club and that of the Press Club
that the attorney now, holds that the $500
may be refunded. AS practically all the
a as did the the Cosmos cur is but natural
to presume that the decision applies to
them equally and that they can all get
their money back. '''''
A New Point RAISED.
But Mr.. Thomas latest opinion does not
settle the question by any means, for on
certain important points 1t is not at all
definite. Assessor Trinble now has another
question to be decided, which cursory
reading of the opinion has raised in his
mind. In the case of an individual who de-
posts his 500 with an application FOR a IL
cense and then withdra VS.; the application,
or has it rejected the entire amount is net
refunded, but deduction is made in pro-
portion to the length of, time the man has
been doing business Furthermore, before
a refund is made, the assessor must be
satisfied that the individual has ceased to
do business.
The question, of course, presents itself as
to whether these two restrictions apply to
clubs as we'll as to individuals, and the at
toricy has touched on neither of these two
points. The second point will not be raised
against the Cosmos Club. for Mr.. Thomas
saws that If the officers CT the club suppose
they do not need a license they run the
risk of prosecution fer selling liquors with
out it. He does not say, it will be noted,
that clubs do not need a license. but simply
that they have the right to withdraw their
applications The first matter, that OF
making a deduction. will probably have to
go back to the attorney for another opin-
ion. About three months of the present
license year had expired when the applica
tons for refund We're made, and that would
mean a deduction of 500 from each deposit.
There is some talk today Of one or more
of the local clubs endeavoring to get their
800 for last year returned to them. That,
as Mr. Kipling would say, is quite another
story, and is not touched by Mr.. Thomas
opinion. The matter as it stands now, how
ever seems to open up vista of almost
limtless possibilities for questions and
opinions, more questions ana more opinions.
Anti-SaloOn League Protest.
James L.. Ewin, first vice president of
the Anti-Saloon League, has written
lengthy communication to the Commission
ers with reference to a recent communca-
ton to the Commissioners on behalf of the
Anti-Saloon League, protesting against the
acceptance of the so-called Press Club
case" as a test case settling the liability
of clubs under the liquor law. In his let
ter he states that he has not received any
reply to that communication, but was in
formed by the newspapers Of the city that
the communication was received and re-
ferred to the attorney for the District. and
that his opinion was to the effect that If
Judge Miller's decision was correct, 1t Will
be necessary to have the law amended In
order to require incorporated clubs to take
out liquor licenses. This is quoted from an
article in The Evening Star of January y.
In his letter he inclosed clipping from
The Star of February 8, it being his object
to call the attention Of the Commissioners
to it, and requesting that the same be re-
ferred to their attorney.
The statements of Judge Miller, he says.
directly sustain the principal contention
of his recent commune alton. and would
appear to Justify Mr.. Thomas in recon-
sidering the construction placed by him
upon Judge Miller's decision. and in the
energetic prosecution of clubs in which
liquor is served without q license.
CIVIL SERVICE REFORM.
A Public Meeting Contemplated by
the IOCnl ARSOciutiOn.