Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-11
The Excise Board Sustained by Judge
McComas.
AIRLINE MEASUREMENT AUTHORIZED
Decision in Patrick Sheehy's Ap-
plication for Mandamus.
THE ARGUMENTS HEARD

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mandamus filed by Henry Sheehy to COM
pei the excise board of the District of Co.
lumba to issue to him a license to con-
duct wholesale liquor business at the cor
ner OF 11th and streets. The case is In
the nature of a test of what is known as
the mile limit law" relating to the Sol
diers' Home. and the proceedings were In
| sututed partly in order to secure a judicial
determination of the proper method OF
measuring distance between the Soldiers
| Home and saloons
AS heretofore stated fully in The Star,
Mr.. Sheehy. who is engaged in the grocery
business at 11th and streets. recently
made application for wholesale liquor
| license. The excise board referred the mat
ter to the computing enginee.- of the Dis
trict. and the latter reported that Mr.
Sheehy's place of business is within one
mile of the Soldiers Home property by air
line measurement" The excise board there
upon refused to consider the application
on the ground of lack of jurisdiction
The Contentious on Roth Sides
Mr.. Sheehy took the stand that the dis
tance between his place of business and
the Soldiers Home property should have
been measured by the shortest course of
travel" not by "air line measurement"
He therefore filed the petition for man.
| damus.
In its return the excise board set forth
that its act:cn was proper, and that the
'air line measurement between Mr.
Sheehy's place of business and the Soldiers
| Hcme property was correct
The arguments extended through several
| hours. Mr.. Sheehy was represented by At
| torneys Chas. Maurice Smith and F. f.
| Meredith while Attorney for the District
:. l. Thomas looked after the interests Of
the excise board Among the interested
| spectators were President James l.. Ewn,
| Attorney Shoemaker and several other
| well-known workers of the Anti-Saloon
| League
| erences were made by counsel to the Anti
| Saloon Lee que and arid hypocrisy" At
| torney Smith also took occasion to remark
| that the prevailing fight was based on
| a protest from the Anti-Saloon League.
| Attorney Smiths Argument
The first step. in court today was the
reading of the petition and the return,
| both of which were published in full in
The Star the days they were filed. Attor-
ney Smith opened the arguments. The re-
turn OF The excise board. he declared. was a
| complete admission of all the averments in
| the petition of Mr.. Sheehy. The excise
board denied nothing ard admitted every
| thing, said the attorney. The@only differ
ence that existed bet txeen Mr.. Sheehy and
| the excise board he added, was in regard
to the method of measurement. There
| seemed to be no dispute as to the correct
| ness of the procedure adopted by Mr. Shee-
| ny; to petition for mandamus seemed TO be
| the proper course.
Il think the attorney for the excise hoard
/ agrees with me that the only point in dis
| pute Is tnat of the legal measurement be-
| tween a saloon and the Soldiers Home
property" stated Attorney Smith.
| Mr.. Thomas, do you concur in tlat
| statement asked the court.
| Il do not quite concede that point an
swered Attorney Thomas. We think the
| excise board possesses authority to act
| from legal standpoint"
Continuing. Attorney Thomas argued that
| the act of 1891, the original mile limit en-
| actment, was of itself not sufficient to de-
| prive Mr.. Sheehy of license. The title OF
| the act, the attorney went on TO say, re-
| ferred to the Soldiers Home" and the act
| itself being silent in regard to measure
| ment il was proper to refer to the title.
| Attorney SMITHS Contention.
1.-The act is uncertain" then said At
| torney Smith. What was the COMPRESSION
al intention in framing this law? Several
| years ago a large number of saloons pre-
| vailed about the entrances to the Soldiers
| Home grounds. Congress was petitioned
| by the Anti-Saloon League. / believe. and
| others, and a law was passed prohibiting
| the existenc of saloons within mile
| of the Soldiers Home property. 1t is alb
| Surd to consider that the law was passed
| a protection to property. Now. then, II
| the act was intended as a protection to the
| inmates of the Soldiers Home, the only
reasonable and common-sense construction
| to apply to the phrase Soldiers Home
! property is the residence Of the inmates OF
| the Soldiers Home.
| The act of 1893 making the act of 1881
part of the laws relating TO the sale of in
| toxicating liquor within the District of Co.
| lumbia, the attorney went on to argue, al
| so speaks of the Soldiers Home Ii the act
| had stipulated Soldiers Home grounds or
all of the Soldiers Home properly then
| the stand of the excise board would be
| tenable. The legislative intent in framing
the act hewever, was to coniine the mean
| ing of property to the Soldiers Home
| buildings. If the act was intended a
| protection of the morals CT the old sol
! diers, why should not the construction be
| Soldiers Home buildings"
Legitimacy of Liquor Selling.
Attorney Smith read from an authority 10
| show that the legislature should not be
presumed to intend that which is beyond
| reason. He next remarked that Congress
had made the sale of liquor within the
District of Columbia legitimate business,
| and added that the attorney for the Dis
| trict, representing the excise board, de-
| rived his salary, perhaps. from the revenue
| derived from liquor licenses.
THE same is trre of his honor on the
| bench" quietly replied Attorney Thomas.
Il considered 1t bad taste to refer 20 his
honor In such connection" explained A.
tciney Smith.
Resuming his argument. Attorney Smith
declared that the saloon keepers should be
| fairly and Justly treated. The statutes had
given them rights. 1t lis hypocrisy. he said.
for a government to pass an enactment
and then raise howl against those con-
Quoting themselves under the requirements
of the enactment. Those who howl the
attorney remarked, demonstrate that they
| lack manhood and courage.
More people die from gluttony than
from drink" the attorney declared.
THE temperance question is hardly in
VOWED here" suggested Judge McComas.
VERY true, your honor" replied the at
torney. II made the reference for the rea-
son that this fight is based on a protest
| from the Anti-Saloon League"
Shortest Route of Travel.
Old soldiers not supposed to Climb
100 houses I'm order to get drink, said
Attorney Smith. They take the usual
| shortest course Of travel The words OF