Evening star., 1896-12-29

REPRESENTATIVES, AHu lS HOW IN tu0 uAuQS
of the Senate committee on the District of
Columbia.
He introduced Mr. Andrew Wilson, who
made lengthy argument in favor of the
Dill, taking 1t up section by section, and
answering all the objections which had
been made to 1t by Attorney 8. 8. Thomas
IN an opinion rendered for the District
Commissioners. Mr.. Wilson said that even
II the bill should not meet the approval of
the Commissioners In every minor detail he
considered it important that 1t should not
be disapproved or amended In the slightest,
because in that case 1t could not become q
law at this session Of Congress- as If 1t
were thrown back into the House Of Repre-
sentatives with amendments at this late
day in the session 1t would be sure of de-
feat and temperance legislation In the Dis
trict would be postponed for a considerable
time to come.
Not Animated by Selfshness.
Mr. Wilson said that the league was not
animated by any selfish motive in desiring
the passage of the bill, but was inspired
by the nobler aims Of life. and believed
that the passage Of the bill would lessen
crime and immortality and promote the
happiness and well-being Of the people Of
the District.
Commissioner Truesdell asked Mr. Wilson
to give an Illustration of the case In which
the present law does not offer sufficient
remedy against wrong. Mr.. Shoemaker,
who was present, was called upon, and in
stanced the case of the Hotel Jefferson.
within four hundred feet Of the Central
Unfcn Mission, yet, on account of its char
acter as a hotel, escaped the operation of
the law, although saloon was run there.
Mr.. Ross inquired whether such case
could not be heard on the writ Of certio-
rari. The reply was that such proceeding
would be too expensive, and Mr.. Wilson
argued in favor of permitting the appeals
in all such cases to be made to the higher
court.
Commissioner Powell inquired how far it
was desired that such appeals should be
carried whether to the Supreme Court Of
the District of Columbia or to the Supreme
Court of the United States and wanted to
know whether such an operation of the
law would not result in giving the saloon
keepers too much time before a decision.
were rendered. during which their saloons
might be in full operation.
Where Appeals Should Lie.
Mr.. Wilson replied that such a condition
would be no worse than the condition which
now exists. under which liquor can be sold
pending the investigation of licenses. Mr..
Wilson, commenting on section of the
bill. said:
las the law now stands, the opinion Of
the excise board is final. both as to the
law and to the facts. 1t is entirely proper
that the opinion Of the board should be
final and conclusive as to facts but cues
tions OF law ought to be appealable to the
Supreme Court of the District of Columbia.
either by the applicant or by any contest
ant of record.
THE excise board consists of the board OF
assistant assessors. The members of this
board. presumably. are not judicial officers,
are not men learned in the law. Questions
of law ought not to be determined except
by those who are able to weigh them care
fully. Important property interests are
necessarily involved in many cases. and 1t
appears anomalous that the questions Of
law relating thereto should be determine ed
finally and conclusvely by the board of as
sfstant assessors without right Of appeal.
1t would certainly be more In accord with
cur system and theory Of government to
have the means of obtaining judicial de-
termination of the legal matters involved
In license cases which come before the
beard. It Is a poor case which cannot
stand the light Of judicial investigation"
Defects In the Law Claimed.
In justice and fairness, Mr.. Wilson said,
the amendment to this section Of the law
ought to become a law. Mr.. Wilson con-
tinued:
"As the law stands and Is construed by
the excise board. section Is imperfect, IL
cation of saloons where they are not de-
sired by residents and owners OF real estate
in the vicinity. At this time 1t Is not neces-
sary for q Mcensee. on the expiration OF
his license, to obtain the consent Of tho
signers on his former application for a re-
newal Of his license. In effect, consent once
given is a continuing consent, extending
throughout. in many instances. an indefn-
ite number Of years. whether the signer
knows 1t or not. Sometimes the names Of
persons long since dead have been used to
secure licenses"
Mr.. Wilson pointed out many other minor
defects in the law which 1t Is the purpose OF
the bill to correct. OF section IS he said:
THE amendment to this section In very
important because the prosecuting attorney
may now refuse to bring an action II the
q mn 40 Ia m 0fn nrxy To h1vr
perience has proven that to be an un-
reasonable provision. The prosecuting at
torney may or may not prosecute. as he
pleases whatever the evidence may be-
The amendment makes it mandatory upon
him to file an information upon the pre-
sentGtion to him or his assistants Of sworn
information Of two witnesses. citizens of
the District Of Columbia. that the law
hass been violated. The suggested change
should be made, for the enforcement of the
law should not lie entirely within the dis
such power Is liable to abuse"S
Females and Younw Men.
OF section 10. Mr. Wilson said the pur-
pose Of the amendment to this section Is to
protect females and young men, No female
or minor person convicted Of crime shall be
employed or allowed to sell. give. furnish
or distribute any Intoxicating drinks or any
admixture thereof That changes existing
law very materially. 1t IL made unlaNf,il
by this law to permit the playing Of pool
or billiards or other such games in any
room where such liquors are SOLD OF IN any
adjoining room. The excise board now has
q discretion In such mattery OF which Mr.
Wilson believed they would be glad to be
relieved. II there must b saloons In which
Intoxicating liquors are to be sold, he
thought the Temptations 10 conxreRate
there should be reduced to the minimuim
Mr., Wilson quoted q number OF cases sus-
tanning his view OF the case.
Other Duggestaons O9ereA.
Mr.. Suter argued In favor Of doing away
with screens at bar room windows as pro-
vided In the hill under consideration. ana
said he believed that such provision
wsuld have . tenAsncy - pssmft the ear