The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-09-10

Attorney: 80
70 The Mayor. ana Honorable Board of
Police Commissioners:
Gcntlemcn-In accordance with yorr re-
quest for my opinion as to the legality OF
the sale of intoxicating liquors i'm hotels
On sunday, L respectfully report as fol-
Section $50, of the Code of 1857 renBs
mus: NO barroom. saloon or other place
he, opened ana no intoxicating hitters or
olhtf drink shall lie sold in any barrootn
Te5 ,dn Il saloon store. or other place
ana sunrise OF the succeeding MonIny
morn morning. If person violate the provi-
less than $40 nor more than 500; and
shall also, In the discretion OF Tie Court
,o ,1 his license: but nothing herein con-
.n nnu Shall apply to any city having police
reEuintions on tins subject. and an ordi-
mnnce prescribing n penalty equal TO that
There IS also G IL Ely ordnance nrd,-
ihn i"i, pngc ll6) on the subject to
drink shall be sold in any bar room o,dI
nary. restaurant. hotel, saloon, store, al,
other hlncc within the limits OF this city.
dny nishi OF the week until of Inc size
r9s'ulng Monday morning, and any persou
violating this ordinance shall. on convic-
tion, be fined not less than $40 nor more
liohthnn 800. ana shall moreover, mt the
n'iTGMrr.ion OF the court. forfeit his license
lhtfr can II" no question that thc sole
OF Intoxicating liquors In hotels on S,,nGnv
IS prohibited by the city ordinances as Thy
WORE nntei is expressly used In dcsir-
not to hc sold f'" arr
There is more difficulty In deciding IN
that its provisions shall not apply to nr 80
city having police regulations on tho ,s,ihs.
Jfcct ana an ordinance prescribing nen.
any equal 10 that imposed bv The
statute. The ordinance above o,,oted In,
poses a penalty similar, and, Therefor
equal ,Gu to Ihal hnposed by the statute. bur-
a..
ground that the statue does. This staii'te
rEsdmiIrrs barrooins; etc. TO be closed on
quiremcnt as, to closing OF the place wba,o
,, IS sold, but only as to the sale of
Again, the ordinance prohibits tho solo
Of liquor between II O'clock sa t1 ShIe
r niSht a., ana 81, O'clock Monday morning,
sunrise Monday morning. 't tb,n Shie unit until
fore, following the decision in Thon;s cose
~ ~. I FRAT, M. That the ordinance, not beint,
as the legislature intended siouid tots
Ine ninfe OF the statute, and hence the
forbid the sale of intoxicating iiui,orss ne T.,
h iGi. 1t viii he noted that the worn ri
put that 1t prohibits the sale OF intoSicni,
ing liquors in any barroom, resa,irant
sattsd T prins 1r Other dT place. It Is well
statutes IN which certain subjects are emu,
,hat ,hn a9l,Gwed By the word Other,
- hOi.u Ol!IPT should lTn r.n1 &,
other such like" The statute sbn,tI1, rs
intGrprStcd Therefore. as If the sale of nc
t 'o,e LIQUORS was prohibited "in am.
"a room, RESTAURANT, saloon, store ~.
othet suci Ike place | am of the on;nI
ION mat hotels would come under H.
clause other such like place" rs il aan me
to me that the sale OF liquor in hnt iis
possesses no characteristic which wo,iS
make II distinct class from the SALE Il.
the places enumerated '"ie IN
think, therefore, that the sale of ,in,,nr,
IN h9teis on Sunday is prohibited. both hy
Yours very truly
WALTER H. TAY1oR
,r, City Attorney
notice that they will lie goverened. os MI, N,iiS
the Police Department, by the lev ne c W III
strned for them by the City Attornay
bearing on this subject 'o' ney
Ued@er and News copy3