Evening star., 1934-09-12
flight FOR TAKOMA'
DRY VOTE DROPPED
District Commissioners to
Permit Ban on Refer
endum to Stand.
Continued From First Page.)

endum as a serious and controlling
factor in determining the matter.
Justice Let's argued that Aliens
announcement that he would be guided
by the. referendum meant that he
would not be in a position to exercise
his judgment or to consider factors
and information other than the refer
endum.
Before the order for holding the
referendum was issued by the Com
miSsioners, they had held public hear
ings on whether Takoma should be
wet or dry. They had received petit
from 1892 persons, while $40 signed
the plea for granting licenses.
The halting of the referendum,
therefore, puts the question back be-
fore the Commissioners, with the FORE
going showing as result of the pre-
vious hearings
Sullivan Depl0res Action.
Attorney George E. Sullivan, one CT
the civic leaders in Takoma, who is
sued a statement last night taking
issue with the findings of Justice
Let's. today deplored the action OF
the Board of Commissioners in de-
Gliding not to contest the temporary
restraining order.
In applying for the injunction, the
license applicants were represented ry
Attorneys William E. Leahy and Will
liam j. Hughes, jr. The Districts
answer was argued by Corporation
Counsel Prattyman and his assistant,
Vernon E. West supported by Mr.
Sullivan.
Mr., SulliVan's statement Of last
night follows:
Sullivan Issues Statement.
Justice Let's decision recognizes
the authority of the District Commits
sioners to inquire Through a referen-
dunn as to the wishes of the residents
of Takoma, D. c., with respect to
licensing of liquor stores in that area.
Yet he undertakes to restrain alto
gether the conduct of the pending in
quiry or referendum because he is of
opinion, from published statement
by one of the District Commissioners,
that that particular Commissioner will
give undue weight to the result of the
referendum, namely, by being guided
wholly by it instead of taking it into
consideration as one of the elements
in determining the public interest.
1T should be obvious to every one
that Commissioner Allen had thor
oughly considered all other elements
entering into the public interests con-
cerned and had satisfied himself that
they would be best SubServed by keep
ing the Takoma, D. c., area dry pro-
vided the residents there wished it to
be so kept. In other words, Commits
sioner Allen held the same opinion
with regard to the public interests in
volved in keeping this particular area
dry that Congress itself held when
exempting it in the JoneS-Works act
of 1913, but Commissioner Allen want
ed to be sure as to the Takoma, D. c..
sentiment behind its enforcement be-
fore finally deciding the matter.
Appeal Seen as Best.
Not only is Justice Let's criticism
Of Commissioner Allen without the
slightest warrant or Justification, in
my judgment, but his conclusion to
restrain altogether the holding of this
referendum on account of the views
expressed by one of three Commis-
sioners is wholly without support in
any authority with which I am
familiar.
Under the authorities, the District
Commissioners could disregard Justice
Let's order as being wholly beyond
the courts jurisdiction and an inter-
ference with political and legislative
matters. but the practical and more
satisfactory method of dealing with
Justice Let's order will be by the
prosecution Of an appeal to the Court
Of Appeals, which should, and doubt
less will, receive the very early consid-
GRAFTON Of that tribunal"