The Washington times., 1902-05-11
Mr.. James L. Pugh, Jr., In
StructS Police Force on
Its Provisions.
SUNDAY SALES CAN BE MADE
oona Eide Guests Alone Should Be
Served - Hotel Keepers Sell to All
others at Their Peril-Crackers and
Cheese Not Sufficient to Cover Law.

The City Solicitor, Mr.. A. b. Duvall
yesterday submitted to the District Com
missioners a statement made by Mr..
'aines L. Pugh, jr., who has charge OF
.he presentation Of cases in the Police
court, relative to the liquor law as il now
applies to hotels
Inc statement was prepared with a
view TO instructing the members of the
police force with the provisions of the
Law on the subject, and to remove erro-
heous impressions which may have been
turned upon the recent decision OF the
court of Appeals in the Lehman case.
Ruling Still Holds.
THE impression seems to prevail, ="
says Mr.. Pugh, that this decision of the
Court of Appeals has changed the rulings
oi the Police Court in respect to such
cases. This is a mistake.
This decision simply sustains the Po-
lice Court in its rulings. and in doing so
ampiifies and construes the liquor law
as applying 10 hotels. aSd leaves no room
TO escape its plain mandates, and its pro-
Visions should be communicated and read
10 the police in order that they may be
able to fully understand the law as the
court construes II, that they may the bet
Ter see that IL is strictly observed.
The sixth section of the liquor law says:
On Sunday every barroom and other place
where Intoxicating liquors are sold shall
pc kept closed, and no intoxicating liquor
sold'
Applies to Barrooms.
This is a total prohibition applying
TO all barrooms, but must be interpreted
IN the light ot the proviso which allows
the keeper of any hotel OF tavern having
= license under the liquor law to sell
liquor on Sunday. Sales may be made:
First: To bonafide registered guests.
Second: In the room Of such guests.
Third: At the meals of such guests.
ut will be seen that the total prohi-
bition Of the liquor law applying to all
barrooms against Sunday sales Of liquor
and the proviso extending a privilege to
hotels must be interpreted strictly, and
the hotel-keeper, If he sells at all, does
20 at his own peril, and in any case
charging q hotel-keeper with a sale on
Sunday, he, the el-keeper, must Justify
by bringing himself within the proviso,
which allows him to dispense liquor on
Sunday. An examination of that proviso
throws the burden Of proof on him to es.
tAblish The fact:
lEsfsS Sthat he sold Il TO bona fide
registered guests: second, that he sold II
70 such bona 6de registered guests in their
room, or third. at their meals.
/ Testimony Important.
I sit would, OF course, be very dif3cult for
me to outline the character or quantity Of
Testimony necessary to make a case. and |
each transaction must be interpreted by |
The surrounding circumstances. keeping |
In view the requirements OF the law.
'It is the bona fldes that must control. |
"A person may register and be a guest and |
purchase liquor in his room or at his |
meals, but If he is not bona fde guest,
the mere registration, the service with q |
sandwich, or even full meal, would not
entitled him to secure liquor in his room
or at his meals.
There Is difference between a bona
hde guest and guest who complies with
all the requirements Of the law. thereby
placing himself Intentionally within its
provisions to entitle a hotel keeper to
dispense liquor to him in his room or at
his meals, but II that intention and his
act In registering is done simply to place
himself in the position the law contem-
plates. he is not a bona fide guest, and
the hotel keeper sells to him at his peril
and in clear violation of the law.
Judges Ruling.
Judge Kimbalrs ruling in the Lehman
case was that IF a man is bona fde
registered guest he can get liquor at his
meals; or, II he desi-es, he can have 1t
served IN MS rooms.
1.-The law does not allow man to 90
into hotel and order few crackers and
some cheese, or a sandwich for the pur-
pose OF getting drink, or writing
his name in book for the pur-
nose of having liquor served in his room,
but he must be a bona fide registered
ruest. II must be done in good faith
And in passing upon this ruling OF
Judge Kimball the Court OF Appeals says
plainly. The court did not err in holding
that there must be actual bona fdes or
49,.