The Portland daily press., 1886-01-23


benefit of the latter's health, and the skating
| had helped his wife.
Benjamin Fenley testified that he had suf
| fered with rheumatism for six or seven year
and had received benefit by skating. Is nov
able to work but was not while suffering
with rheumatism. Formerly he was practf
| cally cripple. The rink is patronized by
| good people. Witness had also visited Con
gress rink and found it orderly.
Mr.. A. ID. Smith had often visited the
Bijou Rink; had seen polo played there The
| people going to the rink were orderly and
| the place was conducted as well as the best
rinks in other cities. Would take his wife
and sister there for an evenings amuse-
| ment.
Captain B. J. Willard had visited the
| Biiou frequently, and found people of good
| character there. Had never seen ANYTHING
| immoral there. Had taken his wife with
| him to this rink. In reply to question by
| Mr.. Hale, witness said that he had visited
| the Congress rink once and had found it per
Mr. VIM. II. Willard testified that his house
was about quarter of an inch from the
rink, he should think. Uaughter9 There
through which the family Of the witness
were in the habit of looking, and they had
never seen anything improper in the rink.
Mr. NJ. w. Higgins testified that both he
and his wife often visited the rink, and
never had seen anything immoral there Had
was opened. Had skated there and had
never seen anything out of the way.
The Mayor said that the evidence was good
and the character of the witnesses would be
considered, but recommended that MIR. Mar
wick proceed to some other portion OF his
case as it was growing late.
Mr.. Warwick then read the published
testimony of the following prominent men as
to the beneficial effects Of roller skating: Dr..
D. W. Bliss, one Of Garfeld's physicians !;
A. 7. p. Garnett, DR.. A. +. King, DR.. u. ID.
Barker, Rev. DR.. Domer, DR.. Reed, Presi-
dent Cleveland, DR.. Hendrickson, DR.. CUT
" AT this point Alderman e,.uaaber said
that he thought that while the testimony
was good there had been enough of it intro
duced to establish the point.
The Mayor thought that it was admitted
that roller skating was beneficial to some as
as well as injurious to others.
In regard to the question of the deprecia-
tion of property, Mr.. Warwick instanced the
case of Mr.. Willard who had bought and
very much improved property adjoining the
rink, DR.. Lamb, who had erected house at
the corner of Newbury and Pearl streets,
Mr.. Kennard, who had erected a fine double
brick house at the corner of Pearl and
Federal streets. In regard to the danger of
fire, Mr.. Warwick said that his building was
heated by boiler enclosed in brick in the
basement with an open space all around,
while adjoining houses were heated by three
and four stoves. Electricity is principally
used in lighting the rink Insurance rates
on the rink are per cent per annum while
those on the house of Mr.. Willard are II per
cent for three years. Mr. Warwick rested
his case at this point.
THE FALMOUTH RINK.
p. J. Larrabee, Esq, said that he repre-
Sented Mr.. DeWolf of the Falmouth rink but
had not thought that testimony was to be in
troduced, AS the charge was general, how
ever he thought that the testimony given
would apply to all the Kinks.
On suggestion of Alderman Russell, Mr..
DeWolf was sworn and testified that his
rink was smaller than the Congress rink,
having accommodations for 200. The ages of
his patrons ranged from 10 to 60 years. No
complaint had been made to the proprietor
in regard to the rink. He had heard of no
ill consequences arising from people visiting
the rink. Most of the patrons come from the
vicinity None of the gentlemen who are
supposed to have preferred charges against
the rinks, spoke to witness about the rink
prior to the hearing The rink had been
kept open for dancing after the skating ses-
sions, the witness being advised by Mr.. Lar
rabee, his counsel, that he could do so with
out violating his license.
Marshal Andrews said that he should like
to question the witness. In reply to the
Marshals questions, the witness admitted
getting licenses to keep his rink open after
10 O'clock He denied that the Marshal had
told him that if he kept his place open after
10 without license his place would be
closed by the police. Witness said that Of
ficers Stevens and Thrasher, who had form
erly been on the beat including this rink,
had asked for his license when the rink had
been kept open after 10 o'clock, but that
officers Eaton and Hussey, who are now up
on the beat, have not done so. Witness
learned that he had been granted a license
through the newspapers, and inquired of the
City Clerk if that was the fact. He had not
4l..1f i u ~ -
visions. He did not know that the special
licenses to keep the rinks open after 10
O'Clock were granted by the Marshal in
writing.
The Marshal stated that the officers now
fRssued IS 1edf Orders that this should be done.
At this point recess was taken, subject
to the call of the chair.
THE ARGUMENTS.
At the resumption of the hearing, Rev. DR..
Bashford, in behalf of the petitioners, said
that at the previous hearing, the gentlemen
representing the petitioners had asked for a
private executive session, being under in
Structions to do so. Since that meeting,
however, they had effected another arrange
ment under which they were at liberty to
to file their additional evidence in writing
with the City Clerk, to be made public by
the Board or kept private, as they might
think for the best. AT the last meeting %
cases in which injury, moral or physical,
had resulted from the parties attending the
skating Kinks, had been cited and the Board
referred to the persons who had furnished
the information. Since that time IL addi-
tional cases had been brought to the atten-
ton of the petitioners, making total of "a,
four of which are of physical injury, the re-
mainder being of moral harm. The evidence
introduced at the hearing had surprised the
petitioners, Positive evidence was being
met with negative testimony. 1t was true
that many of the witnesses were persons of
credibility, but some of them were employees
at the rinks. They simply testified that
they had not seen anything improper.
DIR. Bashford thought that testimony to the
effect that bad people were turned away
from the rinks, enforced point raised by
the petitioners. 1t was to this mingling of
the pure with the impure that objection was
made. Capt Knowlton, when before the
board at the previous meeting, testified to
having turned one woman away three times,
but how are the rink managers to know
every person who comes to the rink with the
purpose of evil? Since the last meeting,
investigation among the schools had
been made by DR.. BashfOrd and Mr.. Tash,
and the teachers were found opposed to the
continuance OF the rinks. Dr.. Dole had IN
rinks. The petitioners have made no can
Vass to secure the names of citizens opposed
to the rinks. In ten days the proprietors of
the Congress Rink secured 502 names to their
peLltlOn 10 OuSet Iue 40 SlSldbuI6b W tu6
petition against the rink. DR.. BaShf0rd
called the attention of the board to the fact
that at the former meeting Rev. Father
Linehan had declared that if it was neees-
sary he would bring a petition against the
Kinks bearing the names of 5000 Catholics OF
Portland. DIR. Bashford had no doubt that
the Protestants would sign the petition with
equal readiness.
After DR.. Bashford concluded his remarks,
Mr.. Hale spoke briefly. He said that he
presumed that all were present for the same
purpose-that of preserving the good order
and well being of the community. His
client, Mr.. j. III. Groves, and his partner,
Mr.. Conway, bear good characters and are
reputable citizens. This hearing was of the
nature of trial, and before the property of
these citizens was shut up it should be posi-
lively proved that the rink was a nuisance.
Not one little of legal evidence has been in
troduced to offset the testimony of the neigh
bors and property owners who have adpear-
ed here to say that they believe the rink to
be properly conducted, and request that its
license be continued. Mr.. Hale then said
that what they proposed was that the board
establish such regulations as they might
deem proper, to properly police the rink and
have it closed at SeasOnable hours. The
way to prevent harm being done to people
by meeting in places of amusement is by
raising the standard of morality in the COM
munity
DR.. Bashford stated that about two-ffths'
of the cases cited bV the OetitiOnerS were