Evening journal., 1910-11-28
BARRETT GETS
HOTEL LICENSE
Court Makes Transfer and
Gives Warning That Rules
Must be 0beyed

Resident Judge Hastings this after
noon announced an opinion trans
ferring the license OF McCormick's |
Hotel at Front and Markets streets to |
Edward c. Barrett. The transfer had
been opposed by Philip l.. Garrett.
representing the Excise League, on
the ground that the proprietor had
violated a rule OF the court in per-
mitting the sale Of liquor TO white men
at two bars, under one license. whore
as one bar should have been main
tanned for the exclusive use Of col
ored men. In passing on the ques-
ton Judge Hastings said
"On February 10, 1908. the court
adopted certain rules with respect TO
tho sale OF intoxicating liquor, vio-
lation Of which it would regard as
sufficient grounds for the refusal 10
renew licenses. One OF those rules Is
the following: Keeping OF maintain
ing more than one bar or place Tor
the sale OF liquors upon the premises
of the applicant provided. howeveri
that this shall not be held TO pro-
hibit the keeping or maintaining sep
/ arate bars for white and colored peo-
ple." The application now before me
as Resident Judge Is TO approve the
/ transfer OF the license Of James j.
Mccormick TO Edward c. Barrett and
the objection is that the two bars run
by Mccormick were not run IN accord
anoe with the above rule.
The testimony produced shows that
a certain person about tho middle OF
this month bought drinks az both bars.
and in the colored bar he bought
drinks for himself. another white man
and a colored man. Mr.. Mccormick
testiies that one Of the bars was for
the accommodation Of white people
and the other for colOred people. and
he had instructed his bartenders not
to serve drinks In either of the bars
except TO the persons entitled to drink
therein. Three bartenders corrobo-
/ rated him IN this but the one who sold
| to the person at the time above refer
red to I'm the bar for cOlored people
/ admitted that he did occasionally sell
/ to white people in the colored bar, and
he did it at the suggestion OF some old
er employe Of Mr. McCormick's who
told him it would be all right IN that
particular instance to do so. There is
]
served drinks in the bar maintained
for white people. SO far as ] can as
certain this is the first time an objec-
ton has been made 10 the transfer or
renewal Of a license based upon the
violation Of this rulo.
"This Is a very important matter.
II means much TO the licensee, a re-
fusal TO approve the transfer probably
prevents the sale OF his property; IL
means much to the court, for II raises
very serious question whether not
only the letter but the spirit Of one of
its very important rules has not been
violated.
III I we're compelled TO decide this
. case without consultation with my as
sociates on the bench l should b'
compelled to ithhold ray approval
because my approval would take away
the right OF the court to pass upoI
this evidence. the licehse then beinl
in the hands of another person.
have been able. however, to consul
all OF them but Judge Conrad, ant
while they all agree with me tina
there has been at least a technica
violation of the rule, this being IN
first objection Of this character &
come before the court, and bein
doubtful whether the licensee did no
believe that his instructions to hi
bartenders brought him within IN
r meaning OF the rule, we would nc
! under these circumstances refuse {
I renew this license.
I'VE all, however, do want It. dis
tinctly understood that these rules
/ the court must be observed TO th
Z very letter Licensees may of nece'
S sity be compelled to leave their bus
ness at times In the hands Of en-
ployes, but they must understand thi
the court is compelled TO punish thel
8 for any violation OF the law or rule
) Of the court by such employees
= There is no excuse for the violatio
II Of any Of the rules; they are in plai
q language, their meaning easily unde
/ stood, and the court is determiR'
n that they shall be observed"