Evening star., 1933-04-11
FIRST SUIT IS FILED
TO FORCE ISSUING
OF BEER LICENSE
Samuel Wertliev Fights Re.
fusaI of Permit in Resi-
dental Section.
HELD DISCRIMINATORY
AND UNCONSTITUTIONAL
Board Moves 0fices-No Reports
of Conspiracy" to Raise
Prices Received.

The first suit to compel the issuance
of a license for the sale of beer was
filed in District Supreme Court today
by Samuel wertliev, proprietor OF
delicatessen and restaurant, at 140o. G
street southeast.
Wertliev said he applied for an "oh-
sale license and was refused on the
ground his establishment is IN q resi-
Dental zone. Under section nve OF tne
regulations drafted by the District Com
missioners after enactment Of the beer
bill. no licenses are issued for eStab-
lishments in residential zones unless
they are restaurants In hotels or apart
ment houses.
Wertliev through Attorney J. B. Stein,
said this regulation is discriminatory
and unconstitutional. His suit asks Tor
q writ of mandamus to compel the
District Commissioners and Wade II.
Coombs, superintendent OF licenses, 10
grant him an "off-sale" permit.
Office Is Moved.
The scene of beer permit issuance
operations was shifted this morning
from the offices of the corporation coun-
sci to those of Capt. Hugh P. Dram,
director of inspection. The move was
intended to give the Districts lawyers
q somewhat more restful atmosphere In
which to do their legal work.
This objective failed, however, as the
crowd of permit seekers soon fould out
where to 20 and milled around Capt.
Grams ONCE The throng seemed
fully as large as any that has appeared
at the District Building since the beer
permit machinery started grinding out
the coveted licenses.
Up to IL am. today. total Of 1.342
applications for permits to sell beer nae
been filed, and 867 Of them had been
definitely acted on. Seven hundred ana
forty-two were granted and l25 denied.
Most of the others were sent PACK Ior
corrections of errors or omissions. Those
Granted include 361 "on-sale" licenses,
325 "off-sale,'' 81 wholesale ana one
brewery.
Up to the close of business yesterday,
the applicants had paid $97, $50 tn cash
to the District for the privilege OF nllng
their applications, of which $l2 $50 was
paid Yesterday. Where applications are
denied. the fees are returned to the
applicants.
No Report Of Conspiracy"
Chairman Vernon E. West of the
beverage Permits Board said ne mao
had no reports of a conspiracy 70
raise the price of beer, although he had
heard that in some cases indlvloual
dealers had increased their prices owing
to the tremendous demand. II there
should be such q price-raising con-
spiracy. he said, it would be the pusi-
ness of the Justice Department 10 IN
yestigate and prosecute 1t.
To ease the situation caused by the
excess Of demand over visible supply,
Abner Drury, vice president OF tne Ds.
trict's only licensed brewery, stated tnat
he is selling his beer only 70 persons
licensed to retail or wholesale the peer
In the District.
No tnducement, he said, could per-
suade him to ship 1t out OF town wnhe
washington goes dry or to sell green
beer. He said he had a six months
supply of mellow beer on hand wnicn
is being handled as fast as 24-nour
shifts Of men can handle 1t.
Protest Filed.
The Commissioners and Chairman
Norton of the House District Commit
tee today received an emphatic pro-
test against the granting OF license
to John r. Quinn, 1923 Nichols avenue
southeast, listed as a bakery in the
telephone directory, to sell beer"
The protest was signed G. A. GUIDE,
Mrs. r. T. Thrift and Rev. G. L. Con-
nor, as a committee representing the
congregation of the Congress Heights
Methodist Episcopal Church.
The letter of protest said: "This
place of business is within 80 feet OF
our church and within half a city block
of the Congress Heights school yard.
We understand he has an of sale
license which has resulted in purchas-
ers walking out to the sidewalk or on
adjacent property and drinking their
beer This is extremely objectionable
to us. as it will result, If not checked
at once, in drinking on our property
and the littering up of our premises
with empty bottles.
THE citizens of Congress Heights
barred the old saloon and we intend to
be Just as active, or even more SO, If
need be, in keeping the new saloon out
of OUR community