The morning times., 1895-08-31


The attention OF the excise board was
called yesterday TO tne necircumstancesatten
ing The dismissal by Prosecutor Puga OF the
charge OF Sunday liquor Sc ling pre-
ferrod by Officer Greer against Frank
HAN, the saIoonkccper at Seventh and k
streets southwest, as told in to-day's
Morning Times
President Johnson was asked If the
board would take cognizancc OF the matter.
I'VE have the case under consideration,
certainly" replied Mr. Johnson, but we
do not know that we can DO anything with
it under the present circumstances"
"A saloonEeeper, once licensed, must
have been convicted OF violation Of the
law before we can act"
He was asked whether or not the con-
fession OF having sold liquor on Sunday
even if prosecution does not follow
would have any bearing on Hairs status
ana Alr johnson said it would not.
we must have official information Of
violation such as would come through
conviction in the police court When we re
this case we are not in possession of infOr-
nation derived from the poper source
IF the statement Of circumstances ai
given in The Times is correct, we are at a
loss 20 know why the case was nclle
pressed, but there may be other circum
stances than those assigned"
Here is where the law governing rene W
ais plays q part. In case Han should be
convicted of a violation, his license would
DE- revoked ana it would be impossible to
secure q renewal.
The AHEsaloon League began an in
veslEauon into Tie case promptly upon the
publication OF the facts yesterday morning
br The Times
The Aua-saloon League are indignant
over what l1ey consider a miscarriage ~
Justice The points they make are that
The discretion of the police court attorneys
Is TOO elastic. whether ur not there is
official sanction far it; and second, that
Ran case was one IN which discretion
could NOT have been properly exercised
MT. James T. Ewin, acting president OF
the league. sand last night that be con
sldared the whole pro 9e-liu- nue tfai should
be- investigated He had had a conference
with the attorney for the league, Mr.
Albert Shoemaker, AMI the latter had pro-
ceedcd immediately to confer with the
police C8urtufuCials.
The result OF Tins conference. ne said,
should be obtained from Mr s 10emaker
Ewiu dId not hes.fate o. say uat he had
anticipated the result Doe tHl, ese He also
ezpEa ssed the opinion that DO ne facts were
as stated in Tie Times IfaIe could only
De one opinion and hat Was That the case
should be pushed t5 ITS legitimate conclusion.
LOOK ESTo THEMATTER
Another prominent member Of the league
said that it was high time that the public
should look into tie matter Of the dis
Cretl0uaTy powers of the prosecuting at
torHer. IL they were acting under a Gus
TOM ora rule ofcouTt, It made euodifrereBce,
r1rit wasplain that IfviolatoEoft ofthesunday
law CguA bc tamporized with and their
Oiieuses compounded, the public had no
guarantee of the limitations cf such dis
cretoBary po wers.
II presume, he said. that the Anti
saloon League. even with it's limited re-
sources viii have The matter probed to the
bottom
Prosecuting Attorney Pugh was inter
sicw Cd last night in reference TO lis action.
Mr Puch admitted that all said in The
Times yesterday morning is absolutely
true with the exception Of the statement
that The case was noiIe pressed There was
no case against Hall as the records of the
court VIII show. Tae information was
filed and il is now in the desk Of the
prosecuting attorney
MIR PTGH.S REASONS
He did not make a care against Hall be-
cause he rays taat the man has been up
on the same charge 20 many times and been
acquitted by the jury that il was uEeless to
Try d. He thinks tbat he adopted better
plan for making Han close. Nj Pugh
said:
In my conduct Of the office Of prose
cutting attorney for the District Of Columbia
it is Impossible for me to please ever rybody.
am here for the purpose Of enforcing
the laws OF the District in a manner
which. is the most effeCual and to attain
the objects for which the law was passed
Now in relation to the particular case OF
Frank p. Han, there is no doubt but that
have a case against him. I have taken
what is, in my opinion, the very best
ance Of the Sunday law. If he does nos
keep the law, / propose to proceed gainst
him, not only in this case, the affidavit
of complaint Of which I have in my office,
but also in the event OF his being caught
3 gain, to prosecute him for a second con
viction. and thereby, as is provided in
section 13, Of the excise law, for the
forfeiture OF his license.
This section provides that any one who
has license and has been convicted twice
during the license year. his license shall
be revoked and the excise board is pro-
hibited from thereafter giving MIN a license
for the period Of two years.
THOUGHT 1T GOOD POLICY.
1T occurred To me that st would be good
policy on my part TO either secure a strict
observance oTthe Law from Hall or else geta
second case against him during this license
year. In the latter event I viii file the
two cases together secure a conviction in
both, revoke his license at once and pro-
bibit such q place from doing businessfor the
period Of two years"
Han has been before the police court
on other OCCASIONS, the memory Of which
stiu fingers with me, and to prevent a