The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-29
AFFAIRS OF THE DISTRICT
The Attorneys Views Relative to
Liquor License Law.
An Elaborate Opinion Submitted on
the Communication of the Anti
the High School Criticised - Ad-
dftionaI Guards for WorI>house.

Andrew B. Duvan, Attorney for the
District. yesterday submitted to the Com
missioners his opinion upon the communi-
cation received some time ago from the
Anti-Saloon League to the effect that the
act of Congress regulating the sale of in
toxicating liquors has been improperly
construed by the Excise Board. The law
in question was approved March 3, 1888,
and the Anti Saloon League complained
that under the wrong construction OF the
law licenses have been improperly issued
to hotels and incorporated clubs WITHIN
400 feet of public school houses. private
school houses, and places OF religious wor-
ship.
1t was further claimed by the Anti
Saloon League that a license could not
be granted except with the like written
consent required of an ordinary barroom.
1t was claimed also that such license does
not permit tie club to sell liquors be-
tween u o'clock midnight and o'clock
in the morning and on Sundays. unless the
license is accompanied with permit from
the Excise Board, designating the hours
during which the club may sell Sundays
and after midnight. An additional claim
was set forth in the communication of the
Anti-Saloon League that such a license
should not be granted except to bona fde
clubs. and not where it is a scheme TO
sell Sunday in the interest Of a private
individual or individuals.
After this review of the statement sub
mitted by the communication referred TO
the Attorney states that he has carefully
examined the several opinions Of the At
torney for the District advising the Com
missioners as to the proper construction
If I Of
g. 1888, regulating the sale of intoxicating
liquors, and a later act amending the
original act.
The Attorney cites the opinion of March
8. 1893, in which the then Attorney for
the District advised that the Excise Board
was clothed with discretion, TO be exer-
cised in view OF the facts and circum-
stances in each particular case, as to the
granting or refusing a license except as
to hotels or taverns, and that by the fifth
section of the act the proprietor of any
established hotel was entitled to license
as matter OF right on complying with
the provisions of the act.
Mr.. Duyall also cites the opinion OF May
II, 1898. in Shch the Attorney advised
that the fifth section Of the law respect
ing hotels was to be treated as if con-
stituting separate section of itself; that
SO far as the 400 feet was concerned the
proviso w1s to be construed as though it
had added to section 16 of the act, and he,
therefore. advised that said section 10
did not apply TO hotels.
II an opinion Of May 80, 1893 Mr.. Duyan
says the Attorney of that time advised
the Commissioners that the consent of
property owners required by section and
the 500 feet rule in section l6 did not ap-
ply TO duly incorporated clubs.
The opinion OF September il, 1895, is
also cited 10 show that the amendment to
section 16 Of he Excise law approved May
II, 1894, operated so far as hotels were
concerned only to raise the number Of
rooms from 20 to Is, and did not repeal the
right given 10 hotels upon compliance
with the provisions Ct the act to have a
license as provided in section of the
original act.
Mr. Duyall calls attention &c the fact
that the files of the Excise Board show
that seuaral u-rIften arsmments were sub