Evening star., 1899-04-04
Liquor Selling at Oanteens Not Pro-
hibited by Congress.
TIE ATTORNEY GENERALS OPINION
Officers and Enlisted Men Cannot
Sell Drinks.
MAY EMPLOY CIVILIANS

opinion on the act passed by Congress reg
ulating the matter of the sale OF Whistles
at army post exchanges and canteens Ihe
Secretary of War requested an opinion as
to whether the statute prohibits the con-
tinuance of the sale of beer by the govern
ment in the canteen sections of the post
exchanges. which are organized and main
tanned at the various army posts and en-
campments throughout the United States.
The Attorney General says that the law
which he is asked to interpret consists
of three parts of clauses:
"1st. That no officer or private soldier
shall be detailed to sell intoxicating drinks,
as q bartender or otherwise, in any post
exchange canteen.
I'D. Nor shall any other person be re-
quired or allowed to sell such liquors in
any encampment or fort or on any premises
used for military purposes by the United
States.
I'D And the Secretary of War is here
by directed to issue such general order as
may be necessary to carry the provisions
of this section into full forca and effect"
The Attorney General then says:
What the Words of the Act Imply.
'If this act was intended to be entirely
prohibitory of the sale of intoxicating
drinks in post exchanges or canteens, as
well as in encampments. forts and other
premises used for military purposes, then,
to say the least, Congress used very cir
cuitous route to reach that point. and en-
ployed many superf1ous words to enact
simple provision, which coulo nave been
stated in a single sentence declaring tnat
hereafter no intoxicating drinks should De
dealt in or sold in any post exchange or
canteen on any premises used Tor mill
tary purposes by the United States. The
act does not make any such declaration.
On the contrary, the first clause merely
forbids the detail of any officer or private
soldier to act as bartender or otherwise in
the sale of Intoxicating drinks in any post
exchange or canteen. Why specify officers
and private soldiers as forbidden If 1t was
intended to forbid the traffic by all other
persons? The designation of one class OF
individuals as forbidden to do certain
thing raises a just inference that all other
classes not mentioned are not forbidden.
A declaration that soldiers shall not be
detailed to sell intoxicating drinks in post
exchanges necessarily implies that such
sale is not unlawful when conducted by
others than soldiers If a statute We're to
provide that no liquors should be sold to
minors in any saloon, would not every one
infer that the enactment was predicated
upon state of law which as to others
than minors allowed the sale of liquors in
saloons?
"As all parts of the act must be given eff
feet according to their natural sense ana
meaning, if possible, it becomes necessary
to attach to this first clause, therefore,
sgnification which implies that the sale of
liquor in post exchanges Is not unlawful
when conducted by Others than soldiers.
Certainly, standing by ITSELF it can re-
ceive no other broader meaning than
that officers private soldiers not to
be detailed to sell intoxicating drinks.
Not Referring to Canteens.
But the sale of intoxicating drinks in
post exchanges and canteens is not the only
method in which those commodities are
supplied upon premises used for military
purposes. AS is stated above, officers in
command of encampments, forts, reserva-
tions and other premises have usually ex-
ercised the authority to allow persons to
come upon the premises and sell intoxicat-
ing drinks to soldiers, or have exercised the
discretion of refusing such privilege. The
second clause would seem to relate par
ticulary to this class of persons and to this
custom. Given its full effect, it forbids
any such license or permission to be grant
ed hereafter by any military officer. 1 do
not think that the second clause of the sec
tion is intended to modify affect in any
way the sale of intoxicating drinks in the
post exchanges or canteens. That is dealt
with and Is covered by the first clause.
The second clause relates entirely to diff
ferent matter
Strength is given to this position by the
third clause, which directs the Secretary of
War to issue such general order as may be
necessary to carry the provisions of this
S'o.ioh iiito iuli ioIce anu erect ii the
section was intended to be an absolute pro-
hibitory act pr eventing the sale of intox-
icatmg drinks on all government premises
occupied for military purposes, then it
would execute itself, and would require no
general order from the Secretary of War
or from any one else. In the face of a gen.
eral prohibitOry section of that kind, such
sales would be unlawful, and the order of
the Secretary would not in any way en-
hance their illegalny. IT, however that
be adopted which separates
the first and second clauses and makes the
second refer only to sales by persons not
connected with post exchanges or can
teens, then the third clause Of the section
becomes ineligible and appropriate and
applies to the future sales in post ex-
changes or canteens.
May Employ Civilian Bartenders.
The act having forbidden the employ
ment of soldiers as bartenders or statesmen
of intoxicating drinks, it would be lawful