District of Columbia v. Reuter

15 App. D.C. 237, 1899 U.S. App. LEXIS 3510
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 13, 1899
DocketNo 902
StatusPublished

This text of 15 App. D.C. 237 (District of Columbia v. Reuter) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
District of Columbia v. Reuter, 15 App. D.C. 237, 1899 U.S. App. LEXIS 3510 (D.C. Cir. 1899).

Opinion

Mr. Justice Morris

delivered the opinion of the Court:

This is an appeal by the District of Columbia from a judgment of the Police Court of the District.

An information was filed in the Police Court against the appellee, Fritz Reuter, charging him with the sale of intoxicating liquors on Sunday, the 9th day of April, 1899, in violation, as it was alleged, of the Act of Congress of March '3,1899, entitled “An Act to prevent the sale of intoxicating [238]*238liquors on Sunday in the District of Columbia,” (30 Stat. 1013). Upon a plea of not guilty, trial was had before a jury, in the course of which it appeared that the appellee kept a regularly licensed hotel in this city, and had a barroom license for the sale of intoxicating liquors therein under the provisions of the Act of Congress of March 3, 1893 (27 Stat. 563); that on April 9,1899, which was a Sunday, two policemen went into the restaurant or dining room of his hotel, took a seat at a table, and ordered refreshments, which were supplied to them, consisting of a bowl of soup, bread and butter, two bottles of beer, and one cigar, for which they paid at the rate of forty cents for the soup, thirty cents for the beer, and five cents for the cigar; and that they did not register. What other testimony there was does not appear. Thereupon the court was requested on behalf of the appellee to instruct the jury that the Act of March 3, 1899, under which the information was filed, did not apply to keepers of duly licensed hotels having a barroom license; and that, therefore, the jury should be instructed to l'eturn a verdict for the defendant, the appellee, which was accordingly done.

A bill of exceptions in due form wras taken on behalf of the District of Columbia; and an appeal thereon was allowed to this court.

The Act of Congress of March 3, 1899, in pursuance of which the proceedings against the appellee were had, is in the following terms:

“Be it enacted, etc., That it shall be unlawful for any maker, brewer, or distiller of beer or other intoxicating liquors in the District of Columbia, or other person or corporation, or the agent or servant of any such maker, brewer, or distiller of beer or other intoxicating liquors outside of said District, or other person or corporation, to sell or deliver any beer or other intoxicating liquors in the District of Columbia on the first day of the week, commonly called Sunday.
“Sec. 2. That any person violating the provisions of this [239]*239act shall on conviction thereof in the Police Court in the name of the District of Columbia be punished by a fine of not less than fifty dollars nor more than five hundred dol-, lars for each and every offense.”
And the title of the act, to which some importance has been attached in the argument, is “An Act to prevent the sale of intoxicating liquors on Sunday in the District of Columbia.”

The contention is that the words “other person or corporation,” which it seems were not in the original draft of the act, but were introduced by way of amendment, while it was pending before one of the Houses of Congress, have the effect of making the act operate as a general prohibition against the sale of intoxicating liquors on Sunday in the District of Columbia by any person whomsoever; and that to that extent this later enactment operates as a repeal of the act of March 3, 1893, entitled “An Act regulating the sale of intoxicating liquors in the District of Columbia.” But we can not admit that this contention is well-founded, or that it is supported either by reason or by authority.

If it was the purpose of Congress in the act of March 3, 1899, to prohibit the sale of intoxicating liquors by any person whomsoever on Sunday, it would have been easy to say so, and it cauld have been said even in fewer words than have been used in the statute. It is beyond comprehension why a limited class of persons, such as the makers, brewers, and distillers of intoxicating liquors, should first be enumerated as the persons upon whom the prohibition should operate, if the intention of Congress was to make the prohibition universal against all persons in the District of Columbia. To interpret the act as a general prohibition upon all persons would be virtually to attribute to Congress a purpose to enact the most vicious kind of legislation, a class of legislation devoid of honesty and designed to entrap the unwary. We can not think that there was any such purpose on the part of the legislative body; and we do not [240]*240think that any such purpose is evidenced by the act itself or by the circumstances which seem to have called it into existence.

No' importance is to be attached in these cases to mere phraseology apart from the spirit -and the purpose of the legislation in question. Consequently the fact that the act of March 3, 1893, was an act in terms to regulate the sale of intoxicating liquors in the District, while the act of March 3, 1899, was one professedly to prevent the sale of such liquors on Sunday, can not be given much consideration in their construction. Neither can we attach importance to the fact that in the later statute the word used is “prevent,” not the more appropriate word “prohibit,” if the intention had been to produce a total prohibition. In either case, prevention or prohibition of sale on Sunday is no more than regulation. The two statutes are to be taken together; and they may well stand together.

But greater importance may be attached to the fact that the words “other person or corporation,” upon which the whole argument on behalf of the appellant is based, are repeated in the statute in question, when the repetition is utterly meaningless and absurd, if the words themselves are to have the significance claimed for them. If brewers and all other persons in the District of Columbia are forbidden'to sell liquor on Sunday, what is the sense of adding that the agents of brewers outside of the District and all other persons are also forbidden?

The case is evidently and eminently a proper one in which to apply the rule of construction laid down by the English courts in the cases of Sandiman v. Brenck, 7 B. & C. 99, and Regina v. Whitnash, 7 B. & C. 596, and by repeated decisions of the Supreme Court of the United States (Alabama v. Montague, 117 U. S. 602; Holy Trinity Church v. United States, 143 U. S. 457; United States v. Laws, 163 U. S. 258), to the effect that “where a statute or other document enumerates several classes of persons or things, and immediately following and [241]*241classed with such enumeration, the clause embraces.‘other’ persons or things, the word ‘other’ will generally be read as ‘other such like,’ so that persons or things therein comprised may be read as ejusdem generis with, and not of a quality superior to or different from those specifically enumerated.” This rule, of course, is to be taken with the general qualification that it is to be applied so as to carry into effect the spirit and purpose of the legislative enactment, and not to contravene them.

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Related

Alabama v. Montague
117 U.S. 602 (Supreme Court, 1886)
Church of the Holy Trinity v. United States
143 U.S. 457 (Supreme Court, 1892)
United States v. Laws
163 U.S. 258 (Supreme Court, 1896)

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Bluebook (online)
15 App. D.C. 237, 1899 U.S. App. LEXIS 3510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/district-of-columbia-v-reuter-cadc-1899.