Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-12
BAR REMAINED CLOSED
COL. STAPLES, INJUNCTION FAILS
TO WORK.
Agreement Reached Today, However,
Between Proprietor and Local
Authorities in Matter.

The temporary injunction issued by JUS
uce Anderson at his residence late last
night to restrain the District Commission
ers from closing up the bar at the National
Hotel failed to operate in the daylight
hours this morning, and the bar at the
hotel mentioned remained closed today.
The reason for the failure of the temporary
restraining order to operate was that the
order was issued against the District Com
missioners instead of against the District
excise board, which has exclusive and
conclusive jurisdiction in matters relating
to liquor licenses in the District. Since the
Commissioners had no Jurisdiction in the
matter, the injunction was of no effect.
Col. o. G.. Staples, proprietor Of the Ma
tional Hotel, together with his attorney.
Tracy L. Jeffords, called at the District
building before noon today and held lengthy
conference with the various District Of
ficials, including Commissioner West. AS
SCISSOR Darneille, who is also chairman of
the excise board; Building Inspector Ash
ford, and Corporation Counsel Duvall and
his first assistant, A. Leftwich Sinclair.
At the close of the consultations 1t was
stated that an arrangement has been agreed
upon between the District officials and Col:
Staples whereby both a hotel license ana
a bar room license will be granted the pro-
prietor of the hotel upon his complying with
certain requirements and the matter Will
now be settled out of court. 1t is expected
that Col Staples will perform his part OF
the agreement by this evening, and that
licenses will be issued some time tomor-
row for the hotel and bar room therein
AS stated exclusively In The Star yester-
day afternoon, the District excise board at
it's morning session rejected the applica-
ton of the National Hotel for bar room
license on the ground that the hotel had
not as vet been granted license as hotel
The board also issued orders 70 tne poi nee
department to see that the bar room In the
hotel was closed at IL o'clock last night
and kept closed until further orders
Secured an Injunction.
Late yesterday evening Col. Staples filed
a petition asking for an Injunction en1oin-
ing the District Commissioners from closing
the bar at the hotel. The petition was pre-
scented to Justice Anderson at his residence
at 10 o'clock last night, and the order was
issued by the justice at his home. Ihe
papers were placed in the hands OF a dep
uty United States marshal, and shortly
after 10 o'clock were served on Commits
sioner West at his residence.
Immediately after service on him Com
missioner West called up the police OF the
sixth precinct, and notified them not TO
close the bar. The police, however, 1t
seems, were acting under orders from the
excise board and in addition, special In
spector was put on the case, and the ofn-
GERS saw to it that the orders OF the excise
board to close the bar were carried out.
AS stated in yesterdays Star, the Ma
tional Hotel operated without a hotel IL
cense during the license year of 1903 and
since November l Of the current license
year, period of a year and a half in all.
The reason the hotel license has not been
granted, it is stated, was that Col. Staples
failed to comply with certain requirements
of the building inspector and the chief en-
ginees of the fire department with regard
Electrical wiring in the hotel.
-. District officials say that Col. Staples
was granted several extensions of time in
which to make the necessary changes in the
hotel, and finally when he still failed TO
comply with the requirements the proprietor
of the hotel was brought into Police Court
charged with operating his hotel without
license. The case is still pending awaiting
trial by jury.
1t was learned today that in January of
this year a, motion was made in the excise
board to reject the application Of the hotel
for a bar room license on the ground that
the hosiery was not licensed as a hotei
The excise board at that time, however. de-
cided to give the proprietor additional time
within which to comply with the require
ments of the building inspector and the fire
chief. When the matter was taken up We
terday morning the excise board considered
that sufficient consideration had been given
the proprietor of the hotel, and it was voted
to reject the license and order the bar room
closed.
To Cat Off Electricity.
At the conferences held at the District
building this morning, and participated in
by the District officials and Col. Staples
and his attorney, Col. Staples agreed to cut
off all electrical power received in the hotel
from the outside, and also to dismantle the
DYNAMO in the hotel. This proceeding, it is
believed, will remove danger from hre on
account of defective electrical wiring. After
Col Staples fulfills his part of the agree
ment Mr.. Ashford and Chief Belt say that
they will issue the necessary certificate as
to the building being in a safe condition,
and the assessor thereupon will grant the
hotel license as a hotel.
Upon receiving proof that the hotel has
been licensed as such, 1t is stated, the ex-
else board will reopen the case of the bar
room at the National Hotel and will grant
it liquor license.
1t is agreed by Colonel Staples that the
electricity will not again be turned on in
the hotel until all the changes required in
the wiring by the District officials have
been made. Colonel Staples said he will
have the disconnections made as soon as
possible, and 1t is believed that but little
delay will ensue in the performance of this
part of the work.
1t is pointed out that injunction re-
straining the officers from closing the bar
at the hotel would operate legal per-
NIT for violation of the law, fnasmuch as
the bar at the hotel has been in operation
since November / without a license, the
application having been under considera-
ton by the excise board since that time. 1t
is also pointed out that the action of the
excise board in liquor matters is final and
conclusive, and not subject to review by
either the Commissioners or the courts A
decision to this effect was handed down
several years ago by Justice Anderson in
the case of the rejection of the license of
another local hotel In that opinion JUS
tice Anderson held that the court had no
authority overlthe excise board in the mat
ter, as the latter's action is final and con-
elusive"