Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-11
fest reason that controlled the legislative

fest reason that controlled the legislative
mind.
the act of 1898 provided that no license
should be issued for saloon within $40
feet of any public school or church. meas
ured by the shortest course OF travel.
He argued at length along the line that
i. was unreasonable to vary in the method
of measurement between saloons and
schools and church. one hand. and
saloons and the Soldiers Home property
on the other.
Why should the distance between a
saloon and a school house or church be
and the distance between saloon and the
Soldiers Home property be measured by
air line? asked the attorney.
MIR. Smiths Concluding Points.
In concluding his argument. Attorney
Smith said: THE act of 1891 should be con-
sidered a protection to the inmates of the
Sold ers Home; the act is obscure in regard
to measurement; the word property
should be restricted to mean the buildings;
the meIsuren- ent should be from the build
ings and not from the boundary of the
Soldiers Home grounds: the act of 1888
should be considered as interpreting, not as
repeating. the law of 1891. and the stand
taken by the excise board snould be con-
sidered unreasonable and unjust in every
respect.
This matter is SO plain to me that it
Is somewhat awkward to argue 1t to your
honor" began Attorney Thomas. when
Judge McComas interrupted to say that he
desired to consult the authorities before
hearing from the respondents.
The Judges Remarks
After delay of several minutes Judge
McComas, addressing counsel, remarked
that he was unable to experience any diff
Guilty by reason of additional statutes reat-
ing to the same subject
The act of 1893 is concerned with the
SsS.e Subject Of the sale of intoxicating
hdror IN the District of Columbia con-
tinued the. court. The concluding section
expressly prohibits any repeal of the one
mile limit act of 1891. The act of 1884, ex-
plafned the court, was amendatory of Sec
ton 10 OF the general act of March ), 1895;
its only purpose being to make clear GER
tain ambiguity that marked section 16
The two enactments the general regulation
and the amendment of it, on one hand, and
the prohibitory act on the other. are dis
unct in term and are kept distinct by
statute
The Air Line Limit Upheld.
The Soldiers Home property is home
for the old soldiers" continued the court
There are no buildings. to speak, for
the inmates allowed to go from one
building to another.
The test of distance is from any point on
any boundary of the Soldiers Home prop
erty TO the point where the license is
sought straight line is the shortest dis
lance between two points. 1t is conceded
that Mr. Sheahys place is within mile of
the boundary of the Soldiers Home prop
erty.
Sheehy's Place Within the Limit.
I'm the construction of the court the To-
cation of Mr.. Sheehys place is within the
distance prohibited by the statutes. Hav-
ing no hesitation about the merits of the
case. will dispose of it by dismssing the
petition of Mr.. Sheehy. l will not pass,
however. on the question of the authority
of this court to review the proceedings of
the excise board
Notice of Appeal Given.
Attorney Smith announced that the case
will be carried to the Court of Appeals.