The times., 1897-08-12
Judge McComasl Renders a De-
cision Against Mr.. Sheehy.
NANDAMUS SUIT DISMISSED
The Mile From the Soldiers Home
to Be Reckoned as the Crow Flies
If the Law Meant Otherwise Its
Trainers Would Have So Speci-
fled.

District to issue him a license TO sell liquor
at the corlier of Eleventh and streets
northwest was heard in the circuit court
yesterday by Judge McComas and opinion
rendered against Mr.. Sheehy.
The case is one OF those In which the
famous one-mile limit from the Soldiers
Home applies. Mr.. Sheehy's place at the
corner OF Eleventh and streets is within
one mile of the outer limit Of the Soldiers
Home grounds, II the distance is computed
as the crow flies. 1t is not, however,
within mile OF the Soldiers Home build
inss according to any construction, and Is
not within mile of any entrance to the
grounds, computing the distance along tue
nearest Travelled way.
Mr. sheehy has a grocery store at this
location, and recently applied for license
Tor a Wholesale liquor store. The eXclse
board refused to grant it On the ground that
his place came within the one-mile limit
MIR. >. L. Thomas, the attorney for tue
District, fortified the excise board with
an opinion to the same effect. 1t was on
TINS decision that Mr.. Sheehy took out is
mandamus. he was represented by At
torneys G.. M. Smith and f. Z Meredith in
the court yesterday, and the District by
Mr. Thomas, the attorney for the District
Mr Smith made the argument for the
plaintiff. He explained that the sole
point In contention was the method of
measurement in marking oct the distance
OF mile from Soldiers Home He be
lieyed that the other side would agree
with him in that
The court asked Mr.. Thomas if this was
satisfactory, and Mr. Thomas seemed to
consider 1t SO, though he stated that he
did not concede the point that the excise
bOarl had not authority TO act from n
legal standpoint.
Mr. Smith then took up his argument,
calling attention first to the conditions
at The tiiae the actof 1891 wa passed, and
arguing that the intention of the la could
he inferred from them, and that the prob
able intention should be taken into con
sideration il helping out the deficiencies
and emhiguities OF the Ia W Itself
''ln Sa1 there were number of saloons
around the entrance of the home. Congress
law was passed prohibiting saloons within
one mile of the Soldiers Home property.
IL the act was intended as protection TO
the inmates of the Soldiers Home, and not
the property, this surely would make the
point fIcm which the measurement should
be taken the home, and not the grounds.
Shall We give the saloonkeepers their
rights granted them by law, or shall We
bow Ia Il certain class OF persons whose
pre- ejudice would demand d forced constr,lc-
ton of the act? Why, person can DC
temperate even If lie sometimes drinks
and ! am Informed that more persons die
annually from gluttony than from drink
Judge bfeComas here suggested that the
question OF temperance hardly entered into
the subject Of dispute. Mr.. Smith apoio-
giZed by Sd wing that the Anti Saloon
League was a { the bottom OF the trouble.
IF We take the act to mean that the
mile should he measured from the exterior
limit OF the Soldiers Home grounds, to my
clients property, within the city, we rob
the law of all its sense. 1t would be the
same as saying that Congress intended
not TO protect the aged veterans who are
inmates OF the home, but to help along
was not the intention of the law, clearly -
Mr. Smith then Went on to insist that The
act of 1891 should be interpreted In the
light of the subsequent act OF 1893. by
this latter act the distance to churches and
school houses is ordered TO be measured
over the usually travelled routes.
Mr.. Smith closed by stating that 1t
seemed very clear to him that the la ~
should be construed that the distance be
IneaSlred from the Soldiers Hoine,'' or
III other words, the Soldiers Home Build
ing, and not from the outer boundary Of
the Soldiers Home grounds In addition
lie said it was very clear that all the acts
Of Congress relating to the quest tion should
be taken together: in which case he said
there would be no question that the dis
tance should be measured by the nearest
course OF travel, and not by the air line
measur ement.
District Attorney Thomas, in nswering
Mr.. Smith, cited Massachusetts case in
which the distance between school build
ing and q saloon was decided to be the air
line distance.
He quoted the American Encyclopedia on
distance" to the effect that in such
cases the distance should be construed TO
be the air line distance on horizontal
plane. Hack, on Intoxicating Liquors" ;"
was also quoted.
Mr.. Thona said that the matter seemed
SO plain to him and the arguments OF so
little weight that he found it difficult
to argue the case. Mr.. Smith smiled at his
and Judge McComas said that possibly
argument would be unnecessary. Hewould
look through the precedents cited and
might be able to decide without troubling
Mr.. Thomas.
Justice McComas in three minutes gave
his decision dismissing the petition for
the writ.
He said In concluding his argument thut
counsel had with much labor and earne ST.
ness explored well-known fields for the
purpose of aiding the court in rendering q
decision on q matter which the court
found perfectly clear and easy of de,
termination. The language of the statute
very clearly stated that no liquor shall be
sold within a mile Of '.the property oi
the Soldiers Home" The grounds were
plainly here meant, and not the buildings
The home includes the grounds. 1t is not
a prison.
In reviewing the contention of the counsel
for the petitioner that an air line is not
meant by the act, the court said that IL
it had been the intention of the trainers
OF the act to prescribe the means oil
measurement this would have been stated
specifically In the act, as In ther acts, with
relation to the 400-fest limit from schoo
houses and churches, the distances is
specifically stated to be that along the