Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-08
Commissioners Have Nothing
to Say as to License.
TWO GLASSES OF GASES
SUPERINTENDENT OF POLICE
AND ASSESSORS HAVE POWER.
Important Opinions by the Assistant
Corporation Counsel as to
Certain Licenses.

poration counsel, has rendered an import
ant and interesting opinion to the District
Commissioners, in which he holds that the
action of the major and superintendent Of
police in passing upon applications for GER
tain classes of licenses is not renewable by
the Commissioners, but is final.
The case in point is that of II. Clay Davis,
who applied for a license as palmist. Mr.
Sinclair says:
THE question involved Is a simple one
and does not call for an elaborate discus
sion. 1t appears that Mr.. Davis has ap-
piled for license to practice palmistry in
the District Of Columbia. and that the
major and superintendent of police. after
making what seems to have been a
thorough investigation as to the reputation
of the applicant. disapproved the applica-
ton. pursuant to the following provisions
Of paragraph 80. section I. of the act or
Congress approved July /. 1892:
THAT mediums clairvoyants. soothsay-
ers fortune tellers or palmists. by whatso-
ever name called, conducting business for
profit gain, directly or indirectly, when
permitted to practice their calling In the
District of Columbia. shall pay license tax
of $25 per annum: Provided. That no license
shall be issued without the approval of tho
major and superintendent Of police
Mr. Davis having appealed to the Com
missioners, an opinion Is desired upon the
question whether the Commissioners have
a right to review the action of the major
and superintendent Of police in the prem
ises.
Not Renewable.
'"The law is very clear and explicit and
admits of but one Interpretation. in my
opinion. The Commissioners are charged
with no duty in connection with the issu-
ance Of such licenses. Congress evidently
realized that the reputation of persons
seeking to practice these callings in the
community should be inquired into. and 1t
selected the head Of the police department
as the official best qualified to perform this
important duty. The law delegates to the
major and superintendent OF police dis
cretionary power. and If he finds upon evil
dence satisfactory to him that 1t would be
inadvisable to permit certain persons to
practice these callings in the District OF
Columbia his action in disappearing their
applications for licenses Is conclusive.
"And such q statute Is valid In direct
answer to your inquiry / therefore have the
honor to say that, In my opinion. the &C
ton OF the major and superintendent OF
police in approving or disappearing appli-
cations for licenses under paragraph 80,
section Z. Of the act Of Congress approved
July 1, 1902, is not renewable by the Com
missioners."
A Pool Room Case.
The Commissioners have just disposed of
another interesting license matter. in which
the authority as to the issue was vested in
the assessor Of the District, Mr.. Darneille.
This was the case of the proposed pool
room at 1929 D street southeast. When the
matter first came up 1t was referred to the
police department. The lieutenant Of the
precinct made an adverse report but his
captain overruled him and favorable re-
port was sent to the Commissioners. There
after a delegation of residents in the neigh
borhood called upon Commissioner West
and protested against the room. Mr.. West
referred the matter back to the police de-
partment and was informed that the cap
tain had erred in stating there was no OBJ
lection to the place and the favorable
recommendation Of the department was
withdrawn.
Commissioner West determined. however.
to make a personal investigation and visited
the vicinity. He says he found a saloon
near the proposed pool room where numer-
Gus people were loahng. The saloon is run
by white man and there are no complaints
registered against it. The proposed pool
room is to be conducted by colored man
and the protests have been numerous. Mr.
West said 1t seemed to him the pool room
had as much right to license as the sa-
loon
With these Endorsements the matter was
forwarded to the assessor for such action
as he might deem fit to take in the prem
ises under the law vested in him.
Assessor Grants It.
Mr.. DarneiIle has returned the papers
with the simple Endorsement:
Il hereby grant the license"
The law on the subject of granting pool
table licenses and others of similar charac
ter is contained in the act of February Is,
1897, which provides:
THAT from and after the passage Of this
act it shall be unlawful for any person or
persons to keep any billiard table. bagatelle
table, shuttle board, Jenny Lind table. pool
table, or any table upon which legitimate
games are played, in any saloon, room or
place of business within the District of Co
lumbia for public use or for profit or gain,
without a license therefor first had and
obtained from the assessor of the District
OF Columbia.
THAT every person taking out such
license shall pay to the collector Of taxes
of said District a license fee of $12 per
annum for each table. Said license may be
granted or refused in the discretion of the
assessor of said District, and all licenses 50
granted shall date from the first day of the
month in which the liability began and ex-
pire on the 31st day of October Of each
year. Provided, that in all cases of refusal
Of said assessor to grant said license, or
upon written protest Of majority or more
Of the property owners or residents Of the
block in which it is proposed to grant such
HcanSa an apDeal NAV be taken to the