Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-28
LIQUOR LAW CONSTRUED
ATTORNEY DUvALL'S OPINION RE-
LATING TO CLUB LICENSES.
Advises No Change by the Excise
Board Respecting FOur-Hun-
dred-Feet Rule.

The attorney for the District. Mr. A B.
Duvall today advised the Commissioners
that in his opinion there should be no ac-
ton on the part of the excise board in
volving change in the construction of the
law in reference to the 4OO-feet rule or in
reference TO the granting of licenses to
hotels or clubs. He Is of opinion, however.
that license to an incorporated club
can be and should be granted only to
bona fde club and that such license does
not per authorize the sale of liquors
between L. o'clock midnight and O'Clock
In the morning, but that the excise board
may, in its discretion. grant a permit for
such sale. designating such hours in such
permit and without such permit so desig-
mating such hours such sale is not per-
mtted.
Anti-snIoop Leagues Contention.
In recent communication TO the Com
missIoners, Mr. Shoemaker, the attorney
of the Anti-Saloon League, contended that
the act of Congress regulating the sale OF
Intoxicating liquors In the District of Co.
Iumbia, approved March B. 1888, has been
heretofore improperly construed; and I'M
der that construction licenses have been
improperly issued TO hotels and incorporat-
ed clubs within 400 feet of public school
houses. private school houses and houses
of religious worship.
II was further claimed respecting the
licenses to incorporated clubs: i. Ihat a
license cannot be granted except with the
like written consent as required OF an or
binary barroom.
2 That such license does not permit the
club to sell liquors between II o CLOCK mid
night and o'clock in the morning, and on
Sundays, unless the license is accompanied
with a permit from the excise board, desig-
mating the hours during which the cruz
may sell on Sundays and after midnight
Such license should not be granted eH.
cept to bona fide clubs, and not Wnere IL
Is a scheme to sell on Sunday IN the IN
terest of private individual or individuals.
Former Opinions Examined.
Mr.. Duvall says he has carefully exam
ined the several opinions OF the tnen at
torney for the District of Columbia, aoVis-
ing the Commissioners (who then constl-
tuted the excise board). as to the proper
construction of the act OF Congress ap
proved March 3. 1898. regulating the sale Oh
Intoxicating liquors. and the act or May IL.
1894, amending section 16 OF the orlelhal
act. The matters involved in these several
opinions of the attorney appear TO nave
been carefully considered, Mr. Duvall says,
and the construction of the excise law was
adopted by the Commissioners. WINE tnes
constituted the excise board, ana o! Ile
present excise bSird. consisting OF the as
sistant assessors. The conclusions reached
by him. thinks MIR. Duvall, were not un-
reasonable. and were fairly deduclble from
the aforesaid acts of Congress.
at is to be presumed says Mr.. Duvall,
THAT Congress was informed of the con-
structior that for more than one year had
been placed upon the original excise Law
when ii amended the same May IL, ls9i'
and ii seems to have been satisfied win
the administration of the law as thus con-
strued Since then also another amendment
has been made by Congress. On March >,
1899 il was enacted that 1t should be I'M
lawful for any maker. brewer or dlStlller or
beer or other Intoxicating liquors in the
District, or other person or corporation, or
the agent or servant of such maker or dis
filler or the agent or servant of any maker,
&c. outside of the District, to sell or de-
liver beer or intoxicating liquors in the Dis
triCt on Sunday.
AN act Of Congress regulating the sale
OF Intoxicating liquors has received a con-
struction upon the points now controversial,
and has been administered in accordance
with that construction for d period Of nearly
eight years.
To Avoid Injustice.
SIT certainly is not clear" concludes the
attorney. that the construction which has
been heretofore uniformly given by the ex-
else board was erroneous, and am OF the
opinion that the administration of the law
thus settled should not now be overturned,
especially in view of the further fact that
If another construction should be adopted
and the board, exercising the discretion
with which 1t is clothed, should refuse to
issue licenses TO hotels and clubs as here
tofore injustice would result.
1T would be impossible" he added, for
the parties aggrieved thereby to secure
judicial determination of. their rights,
which were supposed to be settled or to
have a judicial construction of the statutes
involved whereas for nearly eight years it
has been and is now within the power of
any one aggrieYed by the issuance OF any
such license to apply to the courts and Sc
cure a revocation and cancellation of the
same If the license was issued by the excise
board without Jurisdiction"
In this connection Mr. Duvall invites the
attention of the Commissioners to several
decisions by the Court of Appeals constru-
ing some of the provisions OF the act OF
Congress regulating the sale OF intoxicating
liquor.