Evening star., 1898-06-22
Question Of Repeal of Liquor Law of
of 1861.
DISTRICT ATTORNEY DAVIS ACTION
Views Of Lawyers Who Have
Examined the Statute.
TEST CASE MAY BE BROUGHT

Il have instructed Assistant District At
torney Mullowny to refer all apple ations
for warrants to me-" said District Attor-
ney Davis today, with regard to the prose
cution of liquor sellers for selling to SOL
diers II have grave doubts in the mat
ter"
Mr.. Davis refused to state whether or
not he would issue warrants II applications
are made, and he also declined to state his
doubts
THE King case was not prosecuted"
said he, simply because there was read
ier way to get at him." He referred to
the conviction of King for carrying con-
cealed weapons.
Il don't mind saying" he continued.
that / drew up the main portion of the
liquor act of 1898. and that my intention
Was that it should repeal the act of 1861.
the one in question relating to the sale of
liquor to soldiers. In fact. i made it. as
plainly as the English language could do
1t, repeal all other laws statutes or parts
of laws. l wanted it to be a code as to
the sale of liquor in the District After the
act reached Congress it was changed in
many particulars, but the repeating clause
was left as / wrote it, except with regard
to the Soldiers Home mile limit matter
Il have personally very strong convic-
ticn in the matter, but / am not prepared
to it,
Mr.. Davis also stated that without spe-
cially naming the act of 1861. it was his
purpose that the act Of 1888 should re-
peal it.
Probable Test Case.
The probability is that case will be
made for prosecution, in order to have the
question definitely settled, although lead
Ing members of the bar who were seen to-
day by The Star reporter take the same
ground Mr.. Davis occupies, and believe the
act of 81 has been repealed.
The contrary view is held by the attorney
for the District. Mr.. Duvall, the assistant
attorney for the District, today stated that
it is clear to him the act of '93 did not
repeal the one of 81. He believes that an
act of general legislation does not repeal an
act with special purpose unless il does so
with direct and conclusive phraseology. In
his mind, the act of 81, designed for the
protection of soldiers. is not touched by any
later legislation, and that it remains in
force He stated that il is the rule for the
United States district attorney to prosecute
cases arising from acts of Congress and
that the attorney for the District moves in
regard to acts of the former municipal gov
ernment of the District.
Court CT Appeals Decision.
Mr. Davis, as well as other lawyers,
stated today that the decision in the case
of Bush against the District, the first cause
determined by the Court of Appeals, COM
pletely covers the present contention.
Upon this point the opinion says:
The repeating clause OF the act OF 1893
reads follows:
Sec. p. That this act shall be in lien
of and as a substitute for all existing laws
and regulations in the District of Colum-
hia in relation to the sale of distilled and
fermented liquors in the said District, and
that all laws or parts of laws inconsistent
with this act, except such laws are ap-
plicable to the sale of liquor within one
mile of the Soldiers Home, be, ana they
are hereby, repealed
The language Of this clause is peculiar
and renders ii apparent that Congress in
tended this act complete substitute for
all other laws and regulations upon the
subject, and that thereafter all licenses
should be taken out and all prosecutions
maintained under its provisions alone
This would seem conclusive, but Mr.. Da-
Wis, 1t is understood, prefers not 10 pro-
Woke any further controversy between his
office and that of the attorney for the Dis
trict. He declined however. to say wheth-
er or not he will order warrants to issue in
future in any ase brought under the pro-
visions OF the alleged act of 81 in order
TO have the question judicially determined.