Evening star., 1901-07-27
HOTELS AND LIQUOR
Attorneys Reply to Queries of Dis
trict Commissioners.
POWER OF EXCISE BOARD DEFINED
Bad Reputation of a House No
Bar to License.
SOME AUTHORITIES QUOTED

The District Commissioners received an
opinion from the attorney for the District,
Mr.. A. B. DuvalI. an opinion Of interest
relative to the granting Of liquor licenses
In certain cases OF established hotels"
Mr.. DuvaH says he has considered the COM
munication OF the excise board which was
forwarded to him by the Commissioners
for opinion upon the following questions:
Whether the excise beard has disere-
tionary power to decline to renew a liquor
license In the case OF an "established
hotel" where the police department. has
reported no violation Of the excise laws
during the past year, but where it is
charged against the hotel that 1t is the re-
sort OF 'disreputable people; that unmar-
ried couples register as man and wife with
the knowledge Of the proprietor that is
to say, whether an established hotel" has
legal right to the renewal of it's liquor
license, after compliance with the excise
laws. Notwithstanding its bad reputation
as the resort Of dfsreputable characters,
30 long as there is no actual violation of
the excise law; and If the board has such
powed.
May 1t use discretionary judgment as to
what constitutes an established hotei;"
and. If so, what are the legal requirements
to establish the fact to the satisfaction Of
the board. +
proved March 3. 1s03 regulating the sale
OF Intoxicating liquors in the District Of
Columbia. as amended May II, 1894, pro-
yides:
THAT any established hotel or tavern
having twenty-five chambers for lodging
guests shall always have the right TO OBJ
tain for itself license for a bar room on
complying with the provisions Of this act,
ana the petition In such case must be
made by the owner or lessee Of such hotel
or tavern"
Decision Of Court Of Appeals.
Mr.. Duvau quotes from decision of the
Court OF Appeals OF the District Of Colum-
bia. In which it is held that under the
law it remains the duty Of the excise board
In the proper exercise Of their powers to
determine at least prima facie whether
the applicant for license IS, in fact and
good faith, the owner lessee of hotel,
and whether the house is, in the sense of
the Law. an established hotel. This duty
they have performed in this case, and they
appear to have performed it honestly and
fairly: and the result of their inyestiga-
tion was that the house claimed to be
kept by the REALTORS was not an estab-
lished hotel In any proper sense OF the
term. but place apparently used for i'm
moral purposes; wherefore they determin-
ed. and very properly determined, upon
the showing made, that it was not such a
place as should receive the bar room IL
cenSe that was requested"
The ruling of the court was that ito call
a place a hotel does not constitute it such.
The duty Of the excise board under
the act is discretionary and quasi judicial.
The act imposes upon the board the duty
Of investigation;a its performance of
that duty is not subject to review or re-
vision by the courts. except for abuse or
excess, or for mistake Of the law, which
nowhere appear In the present instance"
Il consider that the answer to the ques-
tions Of the excise board Is practically
given by the court in this opinion" says
Mr.. Duvall. -.
board to Investigate and determine wheth-
er the alleged hotel or tavern is such bona
fide, having the requisite number Of cham
bers for lodging guests: and. In my opin-
ion. the conclusion reached by the board is
dnal and conclusive, except in a case where
it has plainly abused or exceeded it's juris-
diction in the premises, or has made some
clear mistake Of the law.
An illustration.
ITO illustrate: I do not believe It's action
would be conclusive II 1t determined that
q hotel having thirty-fye rooms had but
twenty rooms. and on this ground should
refuse to issue the license. On the other
hand, II the board should issue the license
to q hotel not having twenty-five lodging
rooms, but in point Of fact having ten only.
such finding would not sustain the grant
1.-The duty in each case IL to fairly deter
mine upon proper investigation whether
the hotel or tavern IL bona ide, hotel or
tavern established and conducted as q
place for the accommodation OF guests
within the ordinary acceptation Of the term
hotel or tavern.
Bad Reputation No Bar to License.
THAT such hotel or tavern has a bad
reputation, In the resort OF disreputable
characters and that It is charged against
1t that unmarried couples register as man
and wife, and with the knowledge of the
proprietor occupy the same room and bed,'
even admitting such charges to be true, I
do not consider would authorize the excise
board to decline to grant a renewal OF the
license SO long as there Is and has been no
actual violation Of the excise law
These Objectionable suggestions are mat
ters for police cognizance. and the board.
in my judgment, would not be justified ia
refusing renewal of the license therefor.
Section Of the act Of Congress an
proved March 3. 1893, concludes as foliows.
That upon a conviction OF such licenses
Of keeping disorderly or disreputalbIa
place 1t shall be the duty Of said excise
board to revoke such licensees ifcense mt
until such conviction such licensees 1icense
shall not be revoked or taken away from
him.
while this provision apparently reaate.
to ordinary bar room licenses. its spirif and
intent must be regarded SO far az the II
cense for established hotels is concerned' ;,