Evening star., 1941-07-08
Airport Liquor Permit
Issuance Is Indicated,
But Action Waits
Chairman Says Board
Need Not Pass on Exoct
Location Of Boundary

Although members of the District
Alcohol Beverage Control Board to-
day deferred action on the con-
tested application for an on-sale
LIQUOR license for the new Washing
ton National Airport terminal build
ing. some rather clear indications
were given that the permit would be
granted.
Representative Smith, Democrat,
of Virginia, who appeared at yester-
DAYS hearing to insist that the Dis
trict did not have jurisdiction, has
warned that Virginia authorities
Undoubtedly would prosecute any
one operating under the proposed
permit.
Thomas f. Lodge, chairman of the
A, B. c. Board, predicted no action
could be taken for at least several
DAYS" since the board would not de-
eide the issue until the transcript
of the hearing was completed and
studied, and since the board would
not act until the Health Depart
ment and the plumbing inspector of
tllt 1lSNI ~ lldb dpBloNCu DlSNLlSt
permits for the restaurant and its
facilities
Application has been made for
restaurant permit but examination
of the facilities had not been COM
pleted today.
Boundary Decision Held Inneeded.
AS a guide to decision by the A.
q PnarH Nv I nHOn told
that it was not necessary that the
board determine exactly where lies
the District-Virginia boundary. He
said this board is not constituted
to pass on that question"
Corporation Counsel Richmond B.
Keech. who recently rendered a
formal ruling that the District Gov
ernment had jurisdiction over the
airport, and so advised District tax
and license agencies. as we'll as the
airport management. likewise de-
clared today the A. B c. Board did
not have the responsibility of pass
ing on the boundary issue.
Mr.. Lodge indicated that his
board would regard the Keech juris-
diction ruling practically as binding
on the board. No challenge was made
at Yesterdays hearing against the
character of the applicant. the Air
Terminal Services. Inc. In his
jurisdiction ruling. Mr.. Keech went
back to the 1882 grant to Lord
Baltimore to find that the District
extended to the high water mark on
the Virginia shore. and he declared
that all or a substantial portion of
the airport property was within the
District. He remarked also that
Virginia finance and A. B. c. au-
thorlties had disclaimed jurisdiction
over the airport.
Facts COmplicate Issue.
Complicating the issue before the
A. B. c. Board however, are these
facts presented to it: ID That the
application for the liquor license.
dated June 10. was signed by An Of
fetal Of the Civil Aeronautics Au-
thority, indicating his assumption
that the property was within the
District; (2) that the acting admin
istrator of the c. A. A. in a letter
July 5 to Representative Smith, said
that for accounting purposes the
airport was considered in Virginia,
and C3l that a contract between the
airport corporation and the c. A. A.
described the airport location as
partly in the District and partly in
Virginia In his recent ruling Mr..
keech Gid not pass finally on the
specific question of the exact loca-
ton Of the old high-water mark in
relation to the airport terminal
building.
All these factors led District Off
cials to believe the case would wind
UP in the courts somewhere. particu-
larly if the District A B. C. Board
grants the permit and the airport
management makes use of it.