Evening star., 1898-06-13
OLD lIQUORaLAW REVIVED
Statute Which Forbnls Sales Of Intoxicants
to Soldiers and 0therh
Penalty Ii Fine sAnd Revocation of
Dealers Lfcense-Test Case
to BE Drdught.

The police have resurrected a law passed
by Congress in 1851, which was intended to
prevent drunkenness among the soldiers in
the army. and while there may be some
question raised about the possible repeal of
the act, 1t Is the intention Of the police to
take a case before the Police Court and
have the question determined. There are
three sections of the Revised Statutes bear
ing on the business of supplying soldiers
and volunteers with liquor.
Text of the Law.
These sections are found In the act of
1861. They are as follows:
Section 11S1. 1t shall not be lawful for
any person in the District to sell, give, or
administer, to any soldier or volunteer in
the service of the United States, or any
person wearing the uniform of such soldier
or volunteer, any spurious liquor or intoXi-
eating drink; and any person offending
against the provisions of this section shall,
on conviction thereof, pay fine of $50, or
in default Of such payment be committed
to the District Jail for thirty days.
Section 1852. Any person licensed to sell
spiritous liquors or Intoxicating drink with
in the District, who shall suffer or permit
any soldier or volunteer In the service of
the United States. or any person wearing
the uniform of such soldier or volunteer, to
drink any spurious liquor or intoxicating
drink upon his premises shall be deemed
guilty OF the same offense mentioned in the
preceding section, and upon conviction
shall be punished accordingly.
Section 1888. Any person convicted un-
der the provisions of the two preceding sec
tions shall forfeit fis license to sell spir-
itous liquors and intoxicating drink
Has Never Been Enforced.
While this law has bean on the statute
books since 1861, and is generally admitted
to apply to marines, cavalrymen and others
stationed in the District, marines and SOL
diers have always visited drinking places,
and, So far could be ascertained today,
the dealers were never prosecuted. There
Is repeating clause in the liquor law of
1873 which, 1t is claimed in some quarters,
may affect the act of 1861. This clause
reads:
This act shall be in lieu of and as a sub
stitute Tor all existing laws and regulations
in the District of Columbia in relation to
the sale of distilled and fermented liquors
In said District, and all laws or parts of
laws inconsistent with this act except such
laws as are applicable to the sale of liquor
within one mile of the Soldiers Home, be
and they are hereby repealed"
Views of Attorneys.
Speaking to a Star reporter today Attor-
ney Thomas said if the clause mentioned
repeals the act of 1861. it does so by impli-
cation. Such repeals, hs said, are not IA
vored. Until case Is brought into court
and the matter tested, he said, 1t would be
well to consider that the law has not been
repealed.
Prosecuting Attorney Pugh says that
liquor dealers who permit the drinking of
liquor on their premises by soldiers are GER
tainly liable under the act of 1861. Talking
to Star reporter today he said that the
law, in his opinion, was in full force. If
section 11S1 Is affected by the more recent
act. certainly the next succeeding section is
not affected
The resurrection of the law by the police
has considerably agitated some of the
liquor dealers, whose business will be great
ly affected should the court hold that the
law is still in operation.
Speaking of the law Il saloonkeeper re-
marked this morning that its enforceme mt
would drive the business across the river
or the soldiers who want liquor will have
to look to the speakeasies.