The times., 1899-06-14
S. KANN, SONS s. CO.,
Eighth and Market Space
CAN SERVE DRINKS ON SUNDAY
The Decision of the Court of appeals
in the Reuter- Case.

AS the result of decision handed down
yesterday in the case of the District against
Fritz Reuter-, in the future the guests at
hotels and restaurants will have the priv
ilege Of having intoxicating liquors served
TO them with their meals on Sundays, at
such places as have a licensed barroom at
tached.
The suit was instituted to test the valid
ity and spirit of the act of Congress of
March last, which prohibited makers
brewers, and distillers Of beer or other in
toxicants, or other persons or corporations
or their agents, outside CT the city of
Washington from selling or delivering beer
or ether intoxicants within the District on
! the day commonly known as Sunday.
The defendant Fritz Reuter- was ar
rested some time ago ON the aifidavits of
two policemen, who stated that on a GER
tain Sunday they entered his hotel and
ordered and received two bottle of beer
with the lunch they asked for. The matter
was heard in the Police Court, and the pre-
siding judge held that according to the
meaning of the law, the proprietor OF a
hotel or restaurant with barroom attach
ed has the right to serve liquors to guests
The District appealed from the decision
to the Court of Appeals for the District.
Mr.. Justice Morris, who delivered the
opinion of the court, in discussing the
merits of the case stated:
The contention was that the words "o:her
persons or corporations" which, il seems the
court says, were not in the original draft Of the
OH, but which, II appears, were interpolated as
an amendment. would prevent the use Of intoxf-
eants in licensed hotels and restaurants on Sun
days
But We cannot admit that this contention is
well founded, or that it IS supported either BY
reason or by authority. II il was the purpose
Of Congress in the act Of March 3, 1899, to pro-
hibit the sale Of intoxicating liquors by any
person whofnsoever on Sunday, il would have been
easy 30 say 50. II is beyond comprehension why
a limited class Of persons, such as the makers
brewers and distillers of intoxicating liquors,
should first be enumerated as the persons upon
whom the prohibition should operate, il the nten-
ton OF Congress was TO make the prohibition uni
veisal against all persons in the District OF Co
lumbia
To interpret the actsas general prohibition
upon all persons would he virtually to attribute
10 Congress a purpose 10 enact the most vicious
kind Of legislatiOn-a class Of legislation devoid
of honesty and designed to entrap the unwary.
We cannot think that there was any such purpose
on the part Of the legislative body; and we
DO not think that any such purpose is evidenced
by the act itself by the circumstances which
seem to have called il into existence
We are entirely satisfied that, in the act Of
March 2. 1862 the Congress had no purpose to
repeal in any manner any OF the provisions Of
the act Of March g. 1873 except in 80 far as that
act exempted makers, brewers and distillers Of
Intoxicating liquors from its own operation;
and that the sole purpose Of the act of 1879 was
TO prohibit sale delivery Of intoxicating liquors
on Sunday by makers, brewers, and distillers and
all other persons who might be similarly situated
with them with regard 10 such liquor And we
think II was not intended by the act Of 1899 in
any manner 10 affect the rights or privileges
/ enjoyed by hctelkeepeTs under the provisions Of
| the act Of 1893.
We are Of the opinion that there was no error
! IN the ruling Of the justice holding the Police
! Court in this case; and that he was entirely
right in his instruction to the jury, that the act
Of Congress of March 3, 1890, under which the
information against Reuter- was filed does not an.
ply to duly licensed hotels having a barroom H.
oense, and that the aict of March g. 1899. does
not repeal the act Of March B. 1888, allowing no.
tels TO sell liquors to their bona fde guests at
their meals Or in their rooms
The decision of the court that the mean
ing of the law was not to prohibit the
sale of liquor on Sundays in hotels and
restaurants is hailed with delight by the
proprietors of these places in the city
The general opinion. too. seems to be that
now since two of the courts of the District
have passed upon the matter. that the case
viii not be taken to the higher court.
Children Cry for Havenner,s "Do-