The morning times., 1896-10-24

The decision If Judge Miller, rendered
Thursday ami mentioned in the Morning
Times of yesterday, in the case or Capt.
Z. S. Randall, who was Tried on long
pending charge of conducting an Unlicensed
bar, has precipiUated an interesting qucs-
tion which ma y require iegislatlonto To sctlie.
Judge Miller decided that steamboat
proprietur must have n license to retail
liquors ON his boat, but il transpres, In
The opinion of many egal gentlemen, Una.
the excise board has NO authority 10 ISSUE
Il license TO steamboat bar.
II must, therefore, be settled JUST where
Capt. Randan's equity comes in. he ana
other river men are accustomed 10 keep
omen bar on their trips to and from points
down the Potomac, To accommodate pas
Scugcrs but il is understood that no SIZES
are made at the Washington wharf.' ii
they must have a license and caij:ot get
il, they find themselves in quandary.
GROUNDS OF DISMISSAL.
The charge against Capt. Randall was dis
missed by Judge Miller, upon The GROUNDS
that the information was not properly
drawn In other words, The Information
must allege more than one sale, In order
To convict the accused OF cirryihs Oh VIC
business of retailing
Attorney c. NJ. Smith, counsel Tor the de-
fensc, said yesterday that If any lnforma-
tion can be sustained, under the circum-
stances the one upon which Capt. Kan
dan MAS tried could be. but he does not
admit that any information can be man
tnined.
H. was shown that every original appli-
can't for license, under the terms OF the law,
must have the assent of residents, whose
property is in the same block Win the re-
tailers place of business, and that no such
conditions can be met in the case OF a
Steamboat For this reason, the excise
hot hnG
authority to approve an application.
The board has made no official decla ration
of It's position. but from the expression of
sentiment given individually this is ac-
cepted as the sure result when case
comes before them.
IL is argued from one standpoint that
river bar may be run without Tear OF
prosecution il the proprietor goes before the
board and tenders the application and fee
for liceEse. This act of his, in view of the
fact that 1t is the evidence OF his willing
ness to conform TO the law. it / s claimed
will absolve him from the penalty.
~. AS OTHERS VIEW 1T.
There is still another view Of the situa-
ton. rs expressed by the Anti Saloon
League. The effect of the decision, the
league says, 5 that no boat plying the
Potomac can legally sell liquors while
within the jurisdiction of the District. for
for that purpose. 1t follows, in the esti-
nation oil the League, that no sales can
be made, since under the law every re-
taller must have a license.
Mr.. a. L. Shoemaker. the attorney for
the league, says he has. no doubt the
organization will insist that tbe decisioA
shall govern in the future 1t is, he says,
just what was expecte by the league, and
the purpose of the prosecution mas been
accomplished.
The leagues Interpretation and CON
structon of Judge Miller's decision is
thar the liquor law, being one of regula-
ton, is prohihitory, except as TO Tour
classes: These are: Druggists the maker,
brewer, or distiller of liquor, those who,
! under II provision of law, are required to
sell ii as personal property ana those
who have license regularly obtained.
All other persons. the league insists, are
| absolutely prohi bited from selling, Of
fering for sale, or keeping for sale, barter
or exchange in the District any intoxicating
liquors.
The contention of the defense that the
keeper of a river bar is not Obliged To
get license from the excise board and
that the board is without authority to
grant it, is admitted by Mr. Shoemaker.
1t is bis opinion that the board ha s no
| more power ill such a case than it has to
license II bar to be carried about ON
wagon or push cart. But this does not, in
his opinion, warrant salesin any case where
license is not first obtained.