The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-09-15

Attorney: lily
nv August II, 1896.
10 , me Mayor and Honorable Board of
Police Commissioners:
GentIemen-ln accordance with your re-
guest tt1 Tor my opinion as TO the legality of
on sunday, l respectfully report as fol-
Section 1904 of the Code of 1Ss7 re,ds
mus: NO Darroom, saloon or other pla 90
for the sale of Intoxicating liquors shall
De opened; and no intoxicating bltters or
restaurant. saloon. store, or other place
between II o'clock on any Saturday hight
l maSiSmnrise OF the succeeding, Monday
SSions OF this section he shall be fined not
Tess IMAM $40 nor more than $500; und
forfeit his license: but nothing herein con.
tanned shall apply TO any city having police
nance prescribing penalty equal to that
imposed by this section"
There Is also a city ordinance (Ordi-
the following enect: mo IntoS}eatin 9e
drink shall be sold in any bar room, ordi.
other place within the limits OF this city.
from X o clock on each ana every Satur-
gay night of the week until OF the sue
ces,,iding Monday morning, and any person
violating this ordinance shall, on conVic-
tiion he Tined not less than $40 nor more
ti,o o $500, and shall moreover, ut the
discretion OF the court forfeit his llcensc''
Ihere can be no question that the sale
Of Intoxicating liquors in hotels on Sunday
IS prohibited by the city ordinances. as the
word hotel. is expressly used in desigs
nat natin ny I'll the places where said liquors are
There Is more difficulty in deciding in
regard to the statute. The statute declares
city having police regulations on the sub
Jeict and an ordinance prescribing u pen
sI aIu, equal no to that Imposed by the
poses II penalty similar, and, therefore
equal 10 that imposed by the statute. but
me ordinance does not cover the same
ground that the statue does. This statute
rrequires barrooms; etc. to be closed on
ouirenycnt as h 70 o oosn makes no re-
LIQUOR is sold. but only as to the sale of
Again. the ordinance prohibits the sale
Of liquor between IL O'clock saturday day
night and 3 O'Clock Monday morning.
sunrise Monday morning. think. there here,
fore. following the decision in Thon's case,
81 Graf. sS7. that the ordinance. not being
as the Legislature intended should take
the place of the statute. and hence the
The ns s ns city does 81 H me-
forbid the sale of intoxicating liquors in
hotels, 1t will be noted that the Word
but that II prohibits the sale of intoxicat,
Ing liquors in amy barroom. restaurant,
settled principle OF law. in constrnin linz
statutes in which certain subjects are emu
m ,aa followed by the word "other."
other such like The statute shonld Us Us
interpreted, therefore, as If the sale of in
toXicating liquors was prohibited ''in any
other such like place" 1 am of the opin.
ion that hotels would como under tho
clause "other such like place." as ii seems
10 me that the sale of liquor in hotels
possesses no characteristic which womb
the places enumerated. "
think, therefore. that the sale OF liquors
in hotels on Sunday is prohibited. both bv
the State law and the city ordinance
Yours very truly,
WALTER il. TAYLOR.
City Attorney
The Board of Police Commissioners gives
notice that they will be governed, as viii
the Police Department, 10y the law as CON
strued for them by the City Attorney
bearing on this subject.
sep 10th, su tu-3t