Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-29
Alleged to Have Dispensed
Liquor to Girls Under
"a Years Old.
CLAUSE IN THE STATUTE
SUBJECT OF CONTENTION
Claim That There Can Be No Con.
viction for Offense Before Ii
cense Is Obtained.

Frank Endres, proprietor of the Park
Hotel, 11th street and New York avenue
northwest, was arrested Saturday night
by Detectives Mason L Howes and Julian
Simpson of the first precinct, on a war
rant charging him with violating the ex-
else law by dispensing liquor to two girls
under twenty-one years old.
In the Police Court today Attorney
Daniel W. Baker. who represents Endres.
entered plea Of not guilty to the charge
for his client. and demanded q trial by
jury Assistant Corporation Counsel NAL
colin K. Varnell agreed to Mr.. Endres'
release on his personal bonds to appear
for trial when the case is called.
The violation charged, according to the
Information filed in the case. occurred a
week ago Saturday. Detectives Howes
and Simpson declare they found the two
on the night In question, and say they
were intoxicated. On being questioned,
the detectives say, the girls stated they
had been served with the liquor at the
Park Hotel.
Proprietors More Careful.
This is the first arrest Of the holder OF
a liquor license since the new law went
into effect, July / last. A number Of
persons have been sentenced for main
tanning unlicensed bars, but the police
say that the clause in the excise law
which will reduce the number Of saloons
In the city within little more than
year to 800, has made the prOprietors
or regularly licensed saloons extremely
careful of all of the laws provisions.
Aff1davits made by the girls are now
in the possession of Mr.. Varnell, the
prosecuting attorney. In these sworn
<ol 4 10 t~ h n W.
related to the two detectives the night
they were found by them.
When the Jones-Works excise liquor
law became effective number OF WASH
ington attorneys expressed the BELIEF
that no convictions for selling. dispens-
gained until after the issuance of IL
censes, which occurs November l.
The part of the new law which covers
this offense Is included In the sixth
paragraph. and these attorneys pelieve
that the wording of this part Of the law
will substantiate them in their opinion.
This paragraph provides that under the
license issued in accordance with THIS
section no intoxicating liquors shall be
sold. given away. or in any way disposed
Of to any minor. intoxicated person or
habitual drunkard."
No Basis Of Action, They Say.
It is contended that there have been
no licenses issued under the new law.
and hence, from the wording of this
part of the law. no action can legally
be taken against any holders OF licenses
charged with giving liquor to minors.
1t was declared. however. by support
ers OF the new law that even II 1t were
impossible to prosecute holders OF
licenses under this part Of. the new
law prosecutions could be brought un-
der the previous excise law. Of the
validity of which there was never any
question.
This contention was answered by re-
ferring to a number OF court decisions
by which 1t was ruled that any law
on a specific subject, particularly one
which covered new ground, repealed al
existing legislation on the subject
Thus, it was claimed. every part OF the
old liquor law was nullified July !.
when the new law became effective.