Evening star., 1953-11-26
Court Orders Board
Over Tavern License
In Prince Georges

A brand-new fight was brewing
today over a much-diSputed Ii
cense for a tavern described by
a judge as a former thorn in
the flesh of the people of Colmar
Manor"
Chief Judge John B. Gray, jr.,
spanked the battle yesterday
when he ordered the Prince
Georges County Liquor Board
to reconsider it's August ruling
granting a whisky permit for use
at Rays Tavern, 1929 Bladens-
burg road.
The courts without-prejudice
edict, placing the squabble back
in the laps of the county's liquor
board. was handed down at Up
per Marlboro after argument in
an appeal action filed by town
authorities.
Mayor John N. TorveStad
and Councilman Robert v. Yost,
leading the fight against the
license. were in court to aid
Blair H. Smith, their counsel.
An application for the on-Sale
permit was presented to the
board by Raymond Smith, John
L. Zimmerman and Hinda Wau-
sau, officers of a corporation
planning to reopen the tavern,
"Burlesque Queen"
Miss Wausau, erstwhile Gaiety
Theater Strip-t tease star, was de-
scribed by Blair Smith as
woman who has reached fame
as burlesque queen"
At the August meeting of the
liquor board, opponents objected
chiefly on the ground that there
are IA alcoholic beverage spots
in the Colmar Manor Cottage
City section. They claim that
the building at 1929 Bladensburg
road was perhaps the first in
the Nation to house a whisky
dispensary after repeal of pro-
hibition and that it has been a
scene Of recurring disorders
through the years.
The place, formerly known as
Smiths Tavern, was ordered to
cease selling liquor for 60 days
in 1851 and was closed in April,
1852, when the County Liquor
Board revoked the license issued
to an operator not connected
with the Rays Tavern Corp. No
criticism Of the company's per-
sonnel was voiced at the August
hearing or yesterday.
Technically Is Basis.
In reaching its August deci-
sion. the board based it's findings
on technicality and did not
consider citizen objections. Judge
Gray took the same course yes
terday. He said:
I'VE feel that the $64 ques-
ton of whether it is in the pub
lie interest to issue the license
should be considered by the
liquor board, and the court does
not express an opinion as to
whether the permit should be
granted" That, he added,
should be determined primarily
by the administrative agency,
and we feel the courts should
neither accept that responsible
ity nor usurp the boards func-
tions."
Liquor Board Counsel Ernest
A. Loveless gave the court the
boards reason for granting the
permit. He said the board be-
lieves it was bound by a deci-
sion given by Circuit Judge j.
Dudley Digges in a controver-
sial College Park tavern case.
In that case, the tavern
owner obtained the permit and
transferred it to a lessee. The
lessee vacated the tavern and
refused to retransfer his license.
The board denied the owner a
new permit because of opposi-
tion from citizens who declared
there are 19 such spots in the
College Park area.
Judge Digges reversed the
boards ruling. He remarked that
a license had been in use at the
place for many years and that
a new permit would, in effect,
constitute a continuance of a
ng-establiShed business.