The Washington times., 1913-07-01


forces for which have sometimes been
privileged to speak. because they have
not spoken and have not authorized me
TO give out an opinion. 1t NAV be said
that these forces desire a fair and just
Interpretation and enforcement of the
law. 1t follows, therefore, that the
opinion expressed herein is what I think
the courts will hold when a case involv-
ing the question is regularly brought
before them for adjudication. 1t is un-
wise to place too much reliance upon my
views. for 1t Is not uncomman for the
courts to disagree with me. My opinion
does not affect the law.
There are certain well-defined rules Of
statutory construction, and we are also
guided by the opinions Of the courts in
similar cases.
Two Clauses.
Two clauses of the law bear upon
the question involved:
1.-"Paragraph 25. That this Sec
ton shall be in full force and effect
from and after July first nineteen
hundred and thirteen, and shall be in
existing laws and regulations in the
District Of Columbia in relation to
the sale of intoxicating liquors In
said District, except such laws as
prohibit the sale of Intoxicating
liquors ,,auo in certain defined ,Ss Bis- Sss-
trict and laws of Congress per-
tanning TO persons, premises, and ter
ritory over which the Federal Govern
ment exercises jurisdiction: and all
laws and parts of laws Inconsistent
with this section, except such laws
above referred to, be, and they are
hereby, repealed"
2-'In the issuing of licenses for
bar rooms II shall be the duty Of th.,
excise board to adopt such a policy
as will reduce the number OF bar
rooms, including those in hotels and
clubs. to not exceeding three hundred
and fourteen, but no licensee who
shall conduct his business within the
law shall be deprived of his license or
required to change his location be-
fore November first. nineteen hundred
The first case decided bs the Court of
Appeals. Bush VS.. District of Columbia.
APP. ID. c.. involved the construction
of the repeating clause of the act OF
March 3. 1893 Said clause is as follows:
Sec. q. That this act shall be In lieu
of and as a substitute for all existing
laws and regulations in the District OF
Columbia in relation to the sale OF
distilled and fermented liquors In the
said District. and that all laws or parts
of laws inconsistent with this act, e1-
sale of liquor within one mile of the
Soldiers Home be and they are hereby
repealed"
Is Peculiar.
Mr.. Justice Shepard .(now Chief JUS
tice), in delivering the opinion OF the
majority of the court. said:
THE language of this clause is pecu-
liar and renders 1t apparent that Con-
gress intended this act as a complete
substitute for all other laws and regu-
lations upon the subject, and that tnere-
after all licenses should be taken out
and all prosecutions maintained under
its provisions alone.
"At the same time, IL may be said
that the general policy Of the new law
is not different to that Of the OLD; II
has not In view the suppression OF the
sale of liquor any more than the olo'
but simply provides more stringent reg
ulation in the interest OF law and oe-
cency,. as well as considerable IN,
crease In the revenue to. be- derived
therefrom.
.'The new statute makes no provision
whatever for its terms with respect 70
the unexpired licenses issued under tne
an constituting a statute. its subject
matter, reason and effect must all be
looked into. and II it's words taken NJ
orally bear an unreasonable sighiIica-
ton, there may be some deviation -I,on
the ordinary sense. unless 1t be plain
that such Specification only was in
tended.
while it is not within the judicial
power, by construction, to cure defects
which may render laws unjust or even
IL they clearly exist: yet
no statute should be so. construed as \
to render il unreasonable, or unjust In
its operation, IL there be room for con-
struction at all"
In effect 1t was held that the licenses
granted under the old law would remain
in force until the end Of the license
year.
Similar to Present.
The question there involved is so
similar to the present situation that
it appears probable the same ruling
would now be made. and that the IL
censed places within the prohibited
areas would, be permitted to continue
until the expiration of the license year
upon the construction Of the repeating
paragraph alone.
From the view of the majority of the
court in the Bush case Mr.. Chief JUS
tice Alvey vigorously dissented.
The question is not free from doubt
and my opinion Is based upon the ac-
tual holding of the majority Of the
court.
The courts win give effect to the other
clause If the meaning is plain. but II