SEC. 8. Upon the approval or rejection by the excise board of an application for a liquor license the clerk shall notify the assessor and major of police of such action, and in case of the rejection of an application of an applicant who had no license during the preceding year the clerk shall also notify him of the action of the board. When an application for license by a person who was licensed for the preceding year has been rejected by the excise board, the clerk of said board shall immediately transmit to the major of police the following notice to be served upon the applicant in person or to be left at his place of business: You are hereby notified that your application for a liquor license at No. street, in the city (or county) of Washington, District of Columbia, was on the day of 19-, rejected by the excise board. The amount to which you are entitled by law can be had upon demand. You are further notified that the above rejection terminated all rights you may have had to continue in said business at the said place from and after midnight of the 19, and that the police have been directed to see that the same is closed. day of A copy of this notice, with the return of the officer making the service, showing when, where, and upon whom the same was served, shall be filed with the application. In all cases where the excise board has reason to doubt the expediency of granting a liquor license, the clerk will fill out and send the following form of notice to the applicant, viz: day of You are hereby notified to show cause on the 19, at o'clock m., at the office of the excise board, District building, why your application for license at street should not be rejected by said board. SEC. 9. If any applicant for a license desires further consideration of his application after rejection, he may file with the excise board a motion clearly setting forth any new or independent facts or reasons not cumulative, upon which he desires such consideration, together with all the evidence in support thereof. And no rejection will be reviewed or reopened for consideration unless said motion accompanied by the evidence aforesaid, shall be filed within seven days from the date of rejection, except by unanimous consent of the board. No applicant for a barroom or wholesale liquor license, whose application for license has been rejected by the excise board, will be permitted or allowed to file an application for license for said rejected place for a period of six months from the date of said rejection: Provided, That this order shall not apply to the provision of rule 9 in reference to motions for a rehearing in rejected applications. SEC. 10. Upon the rejection by the excise board of an application for a liquor license by a person who was licensed for the preceding year, and the return of service by the officer that the applicant has been duly notified, as provided in section 8, the assessor shall certify the account between the applicant and the District to the auditor, who shall refund the amount due the applicant, according to the provisions of section 17 of an act of Congress, approved March 3, 1893, regulating the sale of intoxicating liquors in the District of Columbia. SEC. 11. Every place licensed as a barroom, shall, during the hours it is unlawful to sell intoxicating liquors, be closed and the interior exposed to full view from the street. SEC. 12. No permit will be granted to a licensed dealer to sell intoxicating liquors at any bona fide entertainment of any society, club, or corporation as provided for in section 6 of the excise law unless satisfactory evidence is furnished the board that such society, club, or corporation is duly and regularly incorporated under the laws of the District of Columbia, and in the event of permit being granted the application for same must be approved by a majority of the members present when such application is considered: Provided, That before the permit is granted the applicant must subscribe to the following obligation: I hereby certify on honor that the liquors to be dispensed at said entertainment are my purchased property, and that the proceeds derived from their sale are for my sole benefit. The application for the permit must be filed at least 24 hours prior to the giving of the entertainment. SEC. 13. Licenses will not be granted in the following cases: (a) To any person not a citizen of the United States, or who is less than 21 years of age, or who has been guilty of two violations during one license year, of the act of Congress, approved March 3, 1893, regulating the sale of intoxicating liquors in the District of Columbia, and amendments thereto, or the laws for the prevention of gambling in said District, and at any time thereafter convicted therefor; or to any person guilty of two violations during one license year, and at any time thereafter convicted therefor, of selling or giving away liquors to a minor, to an habitual drunkard, or to an intoxicated person after request by such person's wife, mother, or daughter, in writing, not to sell to such person, or to any premises where gambling has been allowed, or which are or have been used as a bawdy house, during said year, or of selling liquors on Sunday, or after midnight and prior to 4 o'clock a. m., or of selling liquors without license, or of employing or permitting to be employed, or allowing any female or minor under 16 years of age, or person convicted of crime, to sell, give, furnish, or distribute any intoxicating drinks or any admixture thereof, ale, wine, or beer to any person or persons, or of permitting the playing of pool, or billiards, or other games in the room where such liquors are sold. (b) To any person to sell liquor within 400 feet, measured between the nearest entrance to each, by the shortest course of travel, of a public schoolhouse, private school, or house of religious worship, except in such places of business as were located and licensed on March 3, 1893, or previous to the erection or occupation of such schoolhouse, private school, or house of religious worship. (c) To any person keeping a place where idle, noisy, disorderly or suspicious characters congregate. (d) A barroom license to the proprietor of any grocery, provision or confectionery store, and in all cases of premises adjoining stores, licenses will be denied where there is an entrance or opening between any such store and the licensed premises. (e) To any person employed in any capacity under the District government, or to any person who by reason of any other employment or business will be absent from the licensed place during business hours, or to any person not an actual resident of the District of Columbia. (f) To a hotel that has less than 25 chambers for lodging guests except in places having license for the preceding year. All orders and instructions issued by the excise board shall remain in full force and effect until annulled, altered or amended by action of the excise board, and the clerk so notified in writing, initialed by a majority of said board. WM. P. RICHARDS, Chairman, MATTHEW TRIMBLE, Excise Board of the District of Columbia. SEC. 250. Any final judgment or decree of the court of appeals of the District of Columbia may be reexamined and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in the following cases: First. In cases in which the jurisdiction of the trial court is in issue; but when any such case is not otherwise reviewable in said Supreme Court, then the question of jurisdiction alone shall be certified to said Supreme Court for decision. Second. In prize cases. Third. In cases involving the construction or application of the Constitution of the United States, or the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority. Fourth. In cases in which the constitution, or any law of a State, is claimed to be in contravention of the Constitution of the United States. Fifth. In cases in which the validity of any authority exercised under the United States, or the existence or scope of any power or duty of an officer of the United States is drawn in question. Sixth. In cases in which the construction of any law of the United States is drawn in question by the defendant. Except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases arising under the patent laws, the copyright laws, the revenue laws, the criminal laws, and in admiralty cases; and, except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases not reviewable as hereinbefore provided. Writs of error and appeals shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the circuit courts of appeals to the Supreme Court of the United States. SEC. 251. In any case in which the judgment or decree of said court of appeals is made final by the section last preceding, it shall be competent for the Supreme Court of the United States to require, by certiorari or otherwise, any such case to be certified to it for its review and determination, with the same power and authority in the case as if it had been carried by writ of error or appeal to said Supreme Court. It shall also be competent for said court of appeals, in any case in which its judgment or decree is made final under the section last preceding, at any time to certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for their proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon said court of appeals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. SEC. 252. The Supreme Court of the United States is hereby invested with appellate jurisdiction of controversies arising in bankruptcy proceedings, from the courts of bankruptcy, from which it has appellate jurisdiction in other cases; and shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia. An appeal may be taken to the Supreme Court of the United States from any final decision of a court of appeals allowing or rejecting a claim under the laws relating to bankruptcy, under such rules and within such time as may be prescribed by said Supreme Court, in the following cases and no other: First. Where the amount in controversy exceeds the sum of two thousand dollars, and the question involved is one which might have been taken on appeal or writ of error from the highest court of a State to the Supreme Court of the United States; or Second. Where some justice of the Supreme Court shall certify that in his opinion the determination of the question involved in the allowance or rejection of such claim is essential to a uniform construction of the laws relating to bankruptcy throughout the United States. * * * * SEC. 254. There shall be taxed against the losing party in each and every cause pending in the Supreme Court the cost of printing the record in such case, except when the judgment is against the United States. SEC. 255. Any woman who shall have been a member of the bar of the highest court of any State or Territory, or of the court of appeals of the District of Columbia, for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of such record, be admitted to practice before the Supreme Court of the United States. SEC. 299. The repeal of existing laws, or the amendments thereof, embraced in this Act, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding, including those pending on writ of error, appeal, certificate, or writ of certiorari, in any appellate court referred to or included within, the provisions of this Act, pending at the time of the taking effect of this Act, but all such suits and proceedings, and suits and proceedings for causes arising or acts done prior to such date, may be commenced and prosecuted within the same time, and with the same effect, as if said repeal or amendments had not been made. * * * * * SEC. 301. This Act shall take effect and be in force on and after January first, nineteen hundred and twelve. Approved, March 3, 1911 (36 Stat., p. 1159). 81254°-11-30 |