The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-09-13


Attorney: ''
10 ,,o ,, August Il. 1856.
10 me Mayor and Honorable Board of
Iollce Commissioners:
EentIemen-ln accordance with your re-
guest que Tor my opinion as to the legality of
lows: i@P''' (" ioi-
Section 1904 OF the Code of 1887 reads
for the sale of intoxicating liquors shall
o oE Opened; and no Intoxicating bitters or
between II o'clock on any Saturday night
anu sunrise of the succeeding Monday
Slons OF this section he shall be fined not
less than $40 nor more than $500: and
forfeit his license: but nothing herein con-
tanned shall apply to any city having police
n rsgm.auoms on this subject, and ord
imposed by this section"
n, mere , "a also city ordinance, (ordi-
the following effect: NO one intopic st 10
drink shall be sold in any bar room, ordis
nary nIhrg: rssinnra9nt hotel; saloon. store or
from l. o'clock on each and every Satnr,
day night Of the week until of the sue
S Sioia,ig MG,nuay morning. and any person
tion. d" lined not less than $40 nor moro
t,ionthan S5o9. and shall moreover, at the
diSStetioh OF the court. forfeit his license
There can be no question that the sale
OF Intoxicating liquors ia hotels on Sundav
Sd pronihited by the city ordinances. as tho
worn hotei is expressly used In dcsie-
mating tho places where said LIQUORS nTe
not to be sold. "i'
There is more difficulty in deciding I'm
regard to the statute The statute declares
tnat It's provisions shall net apply to any
CITY having police regulations on tbs sub
aiIy equal TO that imposed by the
statute. The ordinance above quoted i'm
equal to that imposed by tho statute bi,t
tne ordnance does not cover the same
ground that the statue docs. This statute
Sunday. The ordinance makes no re-
quiremsnt as to closing of the place whsrs
iiau9r Is sold. but only as to the sale OF
=; Again, the ordinance prohibits the sale
OF liquor between u o'clock Saturday
while the statute prohibits the sale until
sunrise Monday morning. l think. there
81 Graf. sS7. that the ordinance, not beipr
as the Legislature Intended should . Ike
statute is in force in the city OF Norfolk.
me me Eeft question is, does the State
hn,sIa the sails Of intoxicating liquors in
hotel" is not mentioned in the statute
but that 1t prohibits the sale OF intoyicat.
saloon, store or other place" 1t is well
settled principle of law. in constituting
statutes IN Which certain subjects emu
that the WORD other" should be ROAD as
other such like" The statute should be
Interpreted; therefore as If tho sale of in.
toXicating liquors was prohibited 'in any
baIroom. restaurant, saloon, store, or
other such like place" i am Of the opln-
clause either such like place." as il seems
to me that the sale OF liquor in hotels
possesses no characteristic which wouid
make 1t distinct class from the sale in
the places enumerated "
think, therefore. that the sale Of LIQUORS
In hotels on Sunday is prohibited, both by
the Stale law and the city ordnance
Yours very truly,
WALTER II. TAYLOR.
- City Attorney.
The Board of Police Commissioners gives
notice that they will be governed, as will
the Police Department by the law as con-
strued for them by the City Attorney
bearing on this subject