Evening star., 1909-04-18

lOnS Deen 1nOOleQ one. cases nave
been taken before the courts from time
to time and disposed of in accordance
with the rulings of the court. l have not
yet read the recent ruling and until
have done SO l cannot tell just what
action is to be taken further than to say
that the members Of the force will be
instructed to carry out the provisions
Of the law as interpreted by the Court
Of Appeals
What Real Guest Is.
Maj. Sylvester says that he takes 1t
that bona f1de guest is a man who
takes a drink as an incident to a meal
and not where the meal is the incident.
He thinks where a man orders food
merely to give him the right to obtain
drinkable he Is not a bona fide guest
within the meaning Of the law. He cited
an instance In which a mans family is
away for the summer and he takes his
meals at hotel. The serving of bot
tie Of beer or other drink with such a
meal. he thought. would be in keeping
with past decisions. but where a man en-
ters hotel, purchases a cheap meal and
remains there as long as he pleases,
drinking, 1t is an entirely different mat
ter. Maj. Sylvester would not say II he
had any plans for starting crusade to-
day, but repeated that hotel proprietors
would be expected to comply with the
provisions OF the law.
Shortly after the decision Of the Court
Of Appeals In the Lehman case was re-
ported 1t was found necessary for the
police department to obtain an expression
from A. B. Duvall, who was city solicitor
at that time. He had James l.. Pugh, jr.,
assistant city solicitor, prepare a state
ment. which, he stated. embodied his
views Of the law. That opinion, stated
Mr.. Pugh to Star reporter yesterday,
expresses the law as laid down in the
decisions of Justice Van Orsdel Writing
about the decision in the Lehman case,
Mr.. Pugh said that that decision had CIV
en- the impression that the Court Of APP
peals had changed the rulings of the Po-
lice Court, ut that was q mistake.
This decision" he wrote, simply sus-
tains the Police Court in it's rulings. and
In doing SO amplifes and construes the
liquor law as applying to hotels and
leaves no room to escape its plain man.
dates and its provisions should be COM
municated and read to the police in order
that they may be able to fully understand
the law. as the court construes 1t, that
they may the better see that the law is
strictly observed"
The Law as to Hotels.
Mr.. Pugh pointed out that the law re-
quires barrooms and other places where
liquors are sold to be closed on Sundays
adding that the law allows the keeper
Of a hotel or tavern having license un-
der the liquor law to sell liquor on Sun
days.
Such sales may be made" wrote Mr.
Pugh.
"First-To bona fide registered guests.
"Second.In the room Of such guest.
"Third-At the meals Of such guests.
1T will be seen with the total pro-
hibition OF the liquor law applying to
all barrooms against Sunday sales Of
LIQUOR. and the proviso extending the
privilege to hotels must be interpreted
strictly, and the hotel keeper. If he sells
at all. does so at his own peril, and, in
any case. charging hotel keeper with a
sale on Sunday he. the hotel keeper. must
justify by bringing himself within the
Iproviso which allows him to dispense
that proviso throws the burden of proof
on him to establish the fact
''First-That he sold to bona f1de guests
''Second-That he sold to such bona fide
registered guests in their room.
''Third-Or at their meals.
1t, Of course, would be very difficult
for me to outline the character or guam
tity OF testimony necessary to make a
case, and each transaction must be in
terpreted by the surrounding circum-
stances. keeping in view the require
ments OF the law. 1t is the bona fides
that must control A person may register,
be guest and purchase liquor in his
room or at his meal, but II he is not
d
the service with q sandwich or even a
full meal would not entitle him to secure
liquor In his room or at his meals.
Attempts at Evasion.
There is. difference between bona
fde guest who complies with all the re-
quirements of law. thereby placing him
self intentionally within its provisions to
entitle a hotel keeper to dispense liquor
hllf
if that intention and his acts in register
ing are done simply to place himself In
the position the law contemplates he is
not a bona fide guest. and the hotel
keeper sells to him at his peril and in
clear violation of law"
In conclusion, Mr.. Pugh cited the ruling
Of Judge Kimball. which was to the eff
feet that bona fide guests could be served
Judge renlarking: THE law does not
allow a man to go into a hotel and order
a few crackers and some cheese or
sandwich for the purpose of getting
the purpose of having liquor served in
his room, but he must be a bona flde
registered guest. 1t must be done In good
faith"
Maj Sylvester says it is not reasonable
to suppose that at hotels. where the
number Of Sunday guests is several times
larger than the number during the
week. they are all bona flde guests. AS
soon as he receives copy of tn recent
decision. he stated. the members of his
force will receive their instructions and
he thinks there will pr 'bani. :, . Il
decrease in Sunday sales Of liquor In tho
future.
What are we to do for a drink on
Sundays?" asked one of the drinking
population last evening, when he learned
of the prospects for closing the hotel
bars to the thirsty residents Of the city
on Sundays.
There are but few excursion resorts
outside the city where liquor is served
on Sundays" he added. "and we can't
all belong to clubs. When the crusade
is well under way. I imagine. there will
be a wholesale rush to join clubs. where
all days are alike"