Evening star., 1934-09-24
Ask License Consideration
Be Delayed Until Final
Liquor Decision.
FIGHT Is RENEWED
TO KEEP AREA DRY
Association Suggests Another
Public Hearing Be Held
On Issue.

Protest was filed with the Commis-
sioners today by the Citizens ASsocia-
ton of Takoma, D. c., against the
plan of the Alcoholic Beverage Con-
troll Board to start hearings Wednes-
day on applications for licenses in
that section While the question OF
whether Takoma should be declared
a dry area is still pending before the
city heads.
Renewing their fight to keep the
Takoma section dry, the association
also urged the Commissioners to
authorize the corporation counsel to
press for a final court hearing on the
temporary restraining order Whlch
prevented District officials from con-
ducting a referendum on September
II to ascertain the sentiment OF the
Takoma area on the Wet-ano-ory
question.
Asks Hearings Suspended.
In a petition filed by its presi-
dent, w. c. Magathan, the aSsocla-
ton states it is definitely and OIL
cially advised that the question OF
whether Takoma should be declared
dry territory is still pending before
the Commissioners, but "notWlth-
standing this status of the matter,
the Alcoholic Beverage Control Board
advises us that it intends to proceed
on next Wednesday. September 70,
at 1920 am. with the four pending
applications for liquor licenses in the
Takoma, D. c., area"
The association asked the COM
miSSionerS to issue an order to the
Beverage Board to suspend all hear
ings on license applications until the
Commissioners have taken final ac-
ton on the petitions of residents OF
Takoma for regulation which would
designate that community as a dry
area
Seek Public Hearing.
The association further suggests
that another public hearing should
be held before final action on the
question of a dry area, since one new
member has been appointed to the
Board of Commissioners since the
previous hearings. Since the earlier
hearings. Col Daniel I. Sultan has
been named Engineer COMMISSIONS.
to succeed Maj. John c. Gotwals.
Plain to Thwart Action.
Under section 7 of the District
liquor law the Commissioners have
power to make regulations prohibiting
the granting of licenses in portions of
the city. The association tells the
Commissioners the plan of the Bever-
age Board to start hearings on license
applications is calculated to thWart
and defeat the jurisdiction of your
honorable board over the above pend
ing matter" namely. the request for
establishment of dry area.
The association points out that at
hearings before the Commissioners in
July petitions we're filed showing a
clear majority for a non-license or dry
area. 1t was following these hearings
that the Commissioners decided to
conduct a referendum, in which all
adult residents of Takoma D. c.,
could express their wishes by secret
ballot After all preliminary ARRANGE
ments for the balloting had been COM
pleted, license applicants obtained a
court order preventing the holding of
the referendum.
Hold Order Is Temporary.
In its plea to the Commissioners to-
day, the Takoma association empha-
sizes that there has been no final
court decision against the same (the
referendum), but merely temporary
restraining order; and the corporation
counsel should, accordingly, be au
thorized and directed to push the
pending court case to an early final
decision on the merits
BY reason of the public aspects of
the matter the statement of the citi-
zenS' association continues, the court
will doubtless advance the case for
immediate trial and final disposition,
and there is every reasonable prospect
that the ultimate result will vindicate
the position of your honorable board
and the legal views of your able corpo-
ration counsel The complete para
phernalia for the holding of the refer
endum is still on hand and available"
Continuing, the association contends
that should a final court decision pre-
vent a referendum, ''it will be obliga-
tory upon your honorable board to
ascertain the wishes of the residents
of the area upon the present record"
The present record, the association de-
clares, shows the wishes of this
neighborhood to be overwhelmingly
against the granting of any license in
the Takoma, D. c., area"
Session Held Vital.
In asking that the Commissioners
hold a new hearing before acting final
ly on the question of dry area, the
Takoma association suggests this
should be done in order that the new
Commissioner may be fully advised be-
fore reaching q conclusion, "particu-
larly as he may be found to have the
controlling vote"
There could, of course, be no fair
ness or justice in having the deciding
vote in a matter of this kind cast by
q new member OF your board without
a new public hearing being held to
enable the parties in interest to advise
such new member as to important
facts and phases of the matter which
are entitled to consideration.
Quoting from congressional hearings
on the District liquor legislation, the
association contends that the provi-
sionS of the law carrying authority to
set aside dry areas, and to consider the
wishes of residents and property own
ers in regard to the question, "ema-
mated from the District Commissioners
themselves" Continuing, the aSSocia-
ton statement declared: