Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-10
Answer Of the Excise Board to the
Petition Of Henry Sheehy.
TEE One Mile LIMIT DEFINED
Air Line Measurement From SOL
diers Home Has Been the Rule.
COMPREHENSIVE STATEMENT


lumbia this afternoon, through Attorneys
return Of the rule to show cause, issued
Friday last by Judge McComas, on the
petition of Henry Sheehy, why it should
not be compelled to issue a wholesale liquor
license to Sheehy, whose place of business
Is at 203S 11th street. The cause is set for
hearing tomorrow before Judge McComas.
The board, in its return, says the applica-
ton of Sheehy was rejected for want of
jurisdiction, the proposed liquor location
being within one mile of the Soldiers Home
property. 1t is denied that the rejection
was based upon an erroneous conclusion
of law, or that the distance between the
Soldiers Home property and Sheehy's place
of business should have been measured by
the shortest course of travel between the
nearest entrance to his place of business
and the nearest entrance to the Soldiers
Home property, or that it should have been
measured from the nearest entrance to
Sheehy's place of business and the nearest
point in the boundary line on the Soldiers
Home property by the shortest course of
travel Furthermore, the board, SO it states
In the return, considers it immaterial that
Sheehy's proposed liquor location is more
than one mile from the Soldiers Home
measured by the shortest course of travel
Afr-Line Measurement the Rule.
uniform practice of the excise board to
measure the distance between the Soldiers
Home property and proposed liquor Ioca-
tlons by the shortest course of travel be-
tween the nearest entrance to 1t. On the
contrary, it is set forth. the practice has
peen with reference 10 the Soldiers Home
property to measure the ,listaI ce in a
straight or air line; that the practice as to
SCHOOLS and churches has been to measure
Of
or March 3, 1913, prescribing, the method
OF computing the distance between liquor
locations ard schools ans. Churches
Inc board explains that il declined to
measure the distance between Sheehy's
proposed place of business and the Soldiers,
Home property by the shortest course of
travel, and refused to entertain Jurisdiction
OF his application becads his place of
business was within one mile of the Sol
diers' Home property by straigh, or air
line measurement.
An Opinion Cited.
Continuing. the board takes occasion to
state that in April, 1891, in response to a
request from the Commissioners, the at
torney for the District advised that the
act of Congress of February 49, 1891, should
be regarded "as embracing all that terri
tory which is situated between the exterior
or boundary line of the Soldiers Home
property, and the line circumscribing the
same, one mile distant therefrom, so that
there shall be the distance of one mile be-
tween the two lines throughout their ex-
tent, and the territory embraced therein
snail be held as territory within which no
license for the sale of intoxicating liquors
shall be granted by the Commissioners
That opinion, which was approved by
the Commissioners, has ever since been
acted upon by the excise board as the rule
afor computing the distance between the
soldiers Hcme property and liquor loca-
tons in the District, SO the return states.
That when the act of March B. 1888, regu-
lating the sale of intoxicating liquors in
this District was passed, the act of Feb
ruary %, 1891, as construed by the then
commissioners, constituting the excise
board, excluded the sale of Intoxicating
liquors within the territory covered by a
radii extending in all directions one mile
from the Soldiers Home property.
The Intention of Congress-,
1t was not the intention of Congress. so
the board declares, to enlarge or extend
the liquor traffic in this District by reduc-
ing the area of the prohibited territory sur
rounding the Soldiers Home property. but.
On the contrary, the act Of February ~.
1871, Is expressly referred to in the con-
Guiding section of the act of March j. 1883,
and is preserved from modification or re-
peal.
In conclusion, the board says that the
act of March 3, 1893, and the amendment
thereof of May IL, 1894, do not operate
10 change or affect the method of comput-
ing the distance under the act of February
2S, 1891, prohibiting the granting of licenses
10 sell liquor within one mile of the Sol
diers' Home property.