The times., 1899-03-01
THE SALVATION ARMY
NO Bar TO SALOONS
Its Legal Status Defined in a
Liquor Controversy.
The Place of Its Assembly Not Con-
sidered House Of Worship.
Captain CraighiIl Assigned ms As
sistnnt EnSineer-Other
News of Interest.

The application recently made by Karl
Xander for permission TO transfer his
wholesale liquor license from 439 X Street
northwest to his new building in Seventh
Street. between p and Q Streets north
west, has given rise to an interesting con-
troversy between the applicant, the Dis
trict officials, and members of the Anti
Saloon League and the Salvation Army.
Soon after the application was fled the
Anti-Saloon League, through its attorney,
Albert +. Shoemaker, filed an objection.
on the ground that the Salvation Army has
a place 0f worship within 400 feet of the
place 10 which it is proposed TO remove the
liquor establishment. An answer TO this
objection was then submitted by William
F. Mattingly. on behalf Of Mr.. Nander,
holding that the house in which the Saliva
tion Army meets is not place of religious
worship within the meaning of the law.
The Commissioners referred the matter 10
S. T. Thomas. the Attorney for the District,
handed down an opinion yesterday, "uling
against the Salvation Army and the Anti
Saloon League.
In his argument against granting the
license Mr.. Shoemaker had said in part:
More services are held in this building in any
given year than in any other church building in
the city. and while the methods OF the army are
not endorsed by all people, none in this late day
will deny that it is religious force and iniiu-
encc that Is doing an immense amount OF good
work in uplifting humanity.
In the case in question it is not denied that
the building for which a license is asked is
within 400 feet of the Salvation Army meeting
house. nor is ii denied that The Salvation Army
is a religious body, and that it conducts relig-
ious meetings in this building in Seventh
Street. The contention is made on behalf Of
the applicant that the language of the law,
house of religious worship should he con
structed TO mean church and not house OF
worship" A house of religious worship is not
necessarily a church. Any building or part Of
building that is used regularly by any organized
class OF people is a house of religious worship.
II the buildings in which the Salvation Army
conducts its meetings adjudged not TO he
houses Of religious worship, missions Of many
OF the churches conducted in buildings other
than churches in different parts Of the city,
which need the protection afforded by the pro-
hibition of the sixteenth section. can as well he
declared to be not entitled to this protection.
In answering this argument Nj. Mating
ly referred TO the expense incurred by Mr..
Eander in erecting the Seventh Street
building. He also claimed that whole
sale liquor house should not be open to
the same objection as retail saloon, and
concluded with the following argument:
II is manifest that the words Of the law,
house in which religious worship is indulgch IN.
II so, they would apply TO many private dwell
ings. They necessarily mean in constituting a
public law, edifice dedicated and devoted to
religious worship, provided by some denomina-
tion or congregation for its assemblage and foT
that express purpose, whether it be Catholic
Protestant. Hebrew; and they do not mean
whatever premises may be temporarily occupied
in whole in part Icy nomadic army OF re-
ligious enthusiasts engaged in missionary work
, niall pEYIlt of heir ri.
forts may be.
Attorney Thomas prefaces his opinion
by quoting the original law Of 1893, as fol-
lows:
That license for any Of the purposes specified
in any section OF said act shall not be granted
10 any person to conduct such business within
400 feet of a public schoolhouse, private school
or house Of religious worship, except in such
places Of business as were located and licenscl
at the date OF the said act previous 10 the
erection or occupation of such schoolhouse, pri
vate school, or place OF religious worship
Attorney Thomas then announces his
opinion OF the case in the following
words:
In my Judgment the phrase "or place Of re
ligious worship contained in the sixteenth sec
tion OF the act Of March g. 1893 as amended, j
governed by the phrase ''housc OF religious wor
| ship used twice before in the same connec
tion, and means the same thing as the house 0
religious worship. II is general and priInar!
! rule Of construction, where there is nothing il
| the statute 10 indicate that word is used il
a peculiar or technical sense, that it is TO b
taken in its ordinary and popular meaning. !
| IS manifest that Congress used the words ''hous
| 0. religious worship" in their ordinary an
| popular sense, that Is. meaning a building
| dedicated 10 religious worship. In my opinio
| the fact that the Salvation Army has place i
which religious meetings held, within 40
feet OF the location 10 which Mr.. Xander desire
J his liquor license transferred does not stand i
I the way of the Excise Board acting fsvoEabi
| upon his application. if they fit.