Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-23
Backed Up by Opinions Of
Atty. Gen. Parker.
Says That Law Has Been Vio-
lated by Boston Hotels.
Their Removing Screens Does Not Cover Up
Past Violations Of the Law.

munication Attorney General Parker
today instructed the Boston police conf
mission as to its duties regarding in
vestiSationS of alleged violations of the
law and expressed as his personal
opinion that District Attorney John B.
Moran claim that violation of the law
alnulS u liquor license was well found
cd.
few days ago District Attorney Mo-
ran called the attention of the police
commission to the fact that four Of the
leading hotels in the city, Youngs Ho-
tel, the Parker House, the Adams
House and the Hotel Essex, had main
tanned screens or other distractions on
licensed premises and although such
distractions had later been removed,
the law had been violated and that
therefore the licenses were invalid. Ac-
companying this claim was q demand
that the commission Immediately stop
the sale of liquor at the four hotels
mentioned.
Chairman Cole, acting in behalf of
the police commission, submitted Dis
trict Attorney Morans letter to the at
torncy general and asked for the opin-
ion of the latter official. 1t was ex-
planned that the police commission is
appointed by the governor and is there
fcre a state commission and not am
swerabie in any way to the district at
torney.
In lis communication. Attorney Gen
eral Parker informed the commission
that it was their duty to investigate
all alleged violations of the law, and to
ut aconr6incr n MI s of in
vestigationS. The attorney general held,
however, that the demand of the dis
trict attorney for action was of no
more weight than a similar demand of
any other citizen who might be actu-
atcd by good faith to see the law en-
forced.
Referring to the maintenance of
screens and the effects of such MAIN
tenance uron the license, the attorney
general writes:
'The opinion expressed by the district
attorney with regard to the effects of
maintenance of screens or other like
structures or devices While so MAIN
tanned and existing as affecting such
licenses for the sale of liquors appears
to me to be in substantial accord with
the established law. | am not however,
able to concur absolutely in the opinion
of the district attorney as to the COM
plctc extinction of 4 license through
such transitory conditions after the
same shall have ceased to exist
The attorney general then goes on to
explain that so far as he knows the
point has never been decided by the
courts.
i'm, tr,,r A RI o,-l
expresses his personal opinion as fol-
lows:
"In my opinion there is strong ground
for holding that the maintenance of
prohibited screens and structures I'M
der conditions such as those asserted
to exist by the district attorney would
in the fact itself destroy and complete
ly annul license for the sale of Ii
quors and thereafter such licenses
could not be pleaded in justification or
defence of such sales"
Chairman Cole said, tonight that the
board of police had not reached any de-
Cision in the matter of stopping the
sale of liquor at the four hotels mem
toned by District Attorney Moran.
Chairman Cole was of the opinion that
cidcd by the police commission and that
it would be settled by the court.
No orders We're issued from police
headquarters tonight prohibiting the
sale OF liquor at the hotels named.
AT midnight District Attorney Nor
an invited representatives of the vari-
Gus newspapers to his Office and gave
to them the following statement:
Il have just read Attorney General
Palkcr's letter to the police board. l
will comment upon it tomorrow.
"The situation is little cOmplicat- |
ed. but / have it well in hand. All of
the law-enforcing powers of the state
and city from governor to patrolman |
seem to be shielding criminal wealth. |
While, alone on the platform, 1 ac-
cused these hotels of violating the |
law, / promised that if elected l would |
stop the violations. / know that was
justified in my accusations. I will de- |
monstratc my ability to fulfill my
pledges to the people. The combined |
strength of the opposition will not |
avail the proprietors of these hotels |
in the courts. l know the law and |
all h.