New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-08-20
ACCEPT NO OTHER WATER AS A SUBSTITUTE.

supposed 10 act a stay Of all further proceer''s
in the particular case in which IT is granted al
though this is not thoroughly we-settled doctrine
in all cases. The committee determined not 10 ''Ne
any risk at that time however
The Township Counsel. James Steen, went 10 s'e
Chief Justice Beasley the next day and asked MN
If the certiorari acted as stay He said tha' he
thought IT did although he not absolutely Ger
tain on that point. At the same time the '"'e'
Justice admitted that William II. Nrcdenbursh' VINO
secured the certiorari. had applied for what III
New-York practice would be an Injunction re-
straning the committee from taking any fur'her
action This he had refused Why he refused
the injunction. by which he might have removed all
doubt about the intention of the court in that
respect. in view OF the fact that Mr.. Nredenpurgh
applied for one not explained Nor was any
reason given for Mr.. Vredenburgh's application ior
an injunction, If the certiorari acted as one.
JUSTICE BE,sLEY sTANns FIRM.
Efforts were made to induce Chief Justice Beasley
to modify the order which he had made so that
the township could at least have the controversy
passed upon by the courts before it was too late.
But he was obdurate. 1t shown to him that II
he persisted in allowing the matter to take the
ordinary course. he woud absolutely defeat all
redress which the township might have by mere
eX-parte order. granted without even SO much as "A
notice to the other side. The fact was shown also
that the committee could not for license
fee. and that the only way payment could be en-
forced by revokng the license, unless the fee
was paid. None Of these considerations had any
effect on Chief Justice Beasley. He is in the
neighborhood of eighty Of and he has had
too much experience to be governed by any except
strictly legal considerations.
Later some testimony was taken. in which It was
shown that the service Of the papers was de-
fectve. They served on the members Of the
committee. when by the laws of the State OF New
Jersey they should have been served the Town
Clerk. who is the legal custodian of the papers
This fact pointed ont to Justice Beasley. on
another application to set aside the certorari
While half admitting that this good objec-
ton still. Justice Beasley refused to interfere
and left the Monmouth Park Association in control
of the situation He remandei the whole contro-
versy to the Supreme Court when 1t meets in No.
vember.
no REDRESS FOR THE TAXPAYERS.
This simply meant that the Monmouth Park
Association secured valuable license without
paying cent for IT, and that the taxpayers Of
Eatontown had redress. Although the Town
snip Committee has begun to feel the disguised
public sentiment Of the people OF the township.
and realize that it must do something to remove
the suspicion which has been cast upon it. still
it is evidently afraid OF the association. Already
there has been talk Of finding some means OF
furnishing the committee for allowing the Inter
ests Of the taxpayers to BE- greatly prejudiced
by it's evident consideration FOR the feelings Of
the officers Of the association
for the reasons mentioned. and others
equally as important 1t was thought that the
woke the license at all n.zaris But the
members undoubtedly were afraid Of bring
have demonstrated the fact that they could do
Just about as they wished to do with an entire
State.
COULD Az md 0TMENT DE sEcrRED1
Just what the association would have done had
the license lren revoked is clear. That racing
would have been continued up e. the end OF the
season is quite probable. The officers OF the as
ISOLATION confidently asserted that they had no fear
Of indictments. even If they should continue the
racing after the license was revoked. They are
said to have tod their friends that they had prac-
ticaly been assured immunity from anything Of
that sort no matter what the Township Com
mittce might do.
From a remark which chief Justice Beasoy made
when the first application was made To him for
some relief from the certiOrar, the confidence OF
the officers Of the association seems TO have been
well founded While talking about the possibility
Of the committee rcvokiug the license and whether
or not such an action would be- contempt the
chief Justice told Mr. Stocn that he thought II
would be- Then he turned around and said on his
own account without The subject being preached
to him:
- would not charge the Grand Jury 10 find an
Indictment AGAINST the association. even II It did
continue racing after the license was revoked
WHY hr thought II necessary 10 give this piece
OF valuabl" Information masked, DE did not eN-
plain. Judges and courts almost uniformly r"iusc
II give opinions ON Hypothetical cases. for the
reason that the particular cases Inquired about
might possibly come before them They Recognize"
fact that II is dangerous to give an opinion IN
ill both sides Of the heard. ana all the
| facts and circumstances ar" carefully weighed. But
Justice lcasicy WAS evidently governed by no such
considerations. II h" had wished to dissuade the
township authorities from continuing the fight by
demonstrating TO them how useless II was ne coulH
not have found better argument.
The whole controversy over the license fee has
been incXplcabc. at least 10 those outside OF the
| association Why the ratetrack people allowed such
"A big disturbance to he caused 10y so small "A sum
may possibly be explained by "A remark which has
been credited to Mr.. Walcott. He Is reported 10
have said. in effect that he had already paid
enough for the privileges which IN" association en-
joys and he did not intend 10 pay any more.