Evening star., 1945-03-06

DeIldnCe VIII bring
First Test Of Curfew
The first test of the Governments Is
ability to enforce the midnight cur
few request" was in prospect today
latter the Lamplighters' Club served
notice on the Area War Manpower
Commission that it would defy the
VINO order to release all but main
tenance employees.
In a letter to Ernest v. Connolly
area VINO director, Saul G Litch-
tenberg, attorney for Joseph r.
Burko. secretary of the club, took
the position that the curfew re
quest" does not carry the legal status
OF an order and, therefore, cannot
be enforced. Even if the curfew had
legal status, Mr.. Lichtenberg said
1t would not apply to the Lamp
lighters Club because the place does
not open until after midnight.
An official at the local VINO said
the Lamplighters Club case has been
referred to the national Office. It
was understood the Management
and Labor Committee of the ma
tional VINO was in session today to
discuss the matter. According to
Ia spokesman this is the first viola
ton in the Nation which has been
given the national VINO for possible
enforcement action.
The Lamplighters' Club was one
of three local places cited by the
VINO for violating the curfew and
ordered to dispose of all its en-
ployes except those engaged In
maintenance work.
Clarifies Ruling.
Meanwhile, War Mobilization Di-
rector Byrnes clarified the curfew
order by saying, in letter to Paul
V. McNutt, chairman of the War
Manpower Commission, that it ap-
piled to all restaurants, except
those which customarily remained
open all night before the curfew
and served only food.
CAS- you know" Mr.. Byrnes wrote
many inquiries have been received
as to whether a restaurant, en-
gagged primarily in the service of
food, is covered by my statement
of February 10. establishing a
IL o'clock midnight closing time
for all places of entertainment.
TN order to resolve all doubts, !
wish to advise you that my Feb
ruary 19 statement does and was In
tended to cover restaurants and to
provide an exception to the closing
time therein described only SO far
as the service of food is concerned
and only for restaurants which
prior to the issuance of my state
ment, were customarily open all
night for the purpose of serving
food"
Ten new violations of the curfew
order were reported over the week
end by Mr.. Connolly. Six of these
he said, occurred in the three places
previously cited by the WMC--the
Lamplighters' Club, the Vagabond
Athletic Club and the Texas Chill
Parlor.
The Lamplighters' Club was given
until yesterday to appeal. but Mr..
Lichtenberg said no appeal was be-
ing taken. inasmuch as such action
might be construed as comforting
jurisdiction" on the VINO. The
Vagabond Athletic Club has until
S pm Thursday and the Texas Chill
Parlor has until S pm. Friday.
Serves Only Food.
Also attacking the validity of the
curfew request" Richard A. Har-
man, attorney for the chilli parlor
wrote to Mr.. Connolly and explained
that his client serves only food
Both Mr.. Harman and Mr.. Lichten-
berg contended that because the
order has never been published In
the Federal Register, it lacks va
lidity.
The national VINO reported al
most 100 per cent compliance with
the request. and Mr.. Connolly said
that compliance among restaurants
in the District was generally good.
On Capitol Hill, the curfew was
attacked by Representative Bunker
Democrat, of Nevada, as the product
of "power-drunk administrative Of
ficials" The Representative from
the State that embraces wide-open
Reno and Las Vegas, made the
charge on the floor of the House
while explaining resolution calling
for congressional inquiry into the
facts and reasons behind the order.
Il, for one, am at total loss to
understand why the midnight clos
ing order was postponed until Feb
ruary 26, 1945-until now, when
victory is in sight and when many
of our factories have passed the
peak of production demands" he
said.