Omaha daily bee., 1893-01-07
ENDED IN TALK.


Discussion Before the License Board of
Ernest STUNTS Protested Application.
The protested case of Il. Stuht who
applied for permission to sell liquor at his
drug store 1923 Mason street was taken up
by the license board last night. No decision
was reached
Three charges were noted in the protest
The first was illegal publication, as the
applicant placed his advertisement with
the World Herald, which was in direct
violation with the resolution of the board
which declared that all applications for
license should be published in THE OMAHA
BEE. The other two charges alleged that on
December Is and - liquor was sold by the
drink at Stunts drug store.
AS it was the desire of Mr.. Rosewater that
the trial proceed on the first count and that
decision on the charge of illegal publication
be pushed first and the case decided on the
respective circulate of the two papers, the
other charges We're for the time being laid
aside.
In opening the case Mr.. Simeral offered in
evidence the resolution of the board asking
the proprietors of newspapers to submit a
sworn statement of the circulation of the
morning and evening papcls. The resolution
declaring The EVENING BEE the newspaper
having the largest circulation in Douglas
county was also submitted and allowed But
this conclusive evidence was not admitted
without n fight on the part of the attorney
for the World-Herald. In fact the legal
light employed by Mr.. Hitchcock kicked at
everything that was said or done and the
stenographer was kept busy noting objec-
tions. Mr.. Simeral slid that the fact that
STUNT placed his advertisement with the
World Herald was prima facie evidence that
the applicant had not acted in good faith
and in accord with the resolution of the
board.
The World Herald lawyer couldn't see how
the resolution bound Mr.. Stuht.
In reply to the objection however, Commits
sioner Gilbert admitted that the resolution
did not bind anybody, but said that if APP
plcants wanted their licenses they would
have to comply with the rules of the board.
Both resolutions were admitted as evidence.
Then the attorney for the defense talked
for awhile about the board depriving man
of his property by refusing him license and
thought it should not prejudge a case.
Mr.. Simeral said the rejection of any
license was not depriving man
of property, but in granting one
the board merely allowed him privilege,
which. as had been shown, was only granted
when the applicant had complied with the
law.
William Dox, city circulator of the World
! Herald, was called and identified the affi-
davits filed by himself regarding the total
| circulation of the paper.
Another objection was interposed by
| Stunts attorney, and it was the straw that
| broke the camel's back The mayor said
been very easy regarding the admission of
! testimony, and | can't see why such an OBJ
! lection should he made every time any docu-
| ment which is Il part of our record, is offered
| We are running this board and don't want on
need any pointers from outsiders There
| has been too much boys play ON the part OF
the World-Herald counsel. What were these
affidavits brought here for if not to prove the
! circulation of the newspapers" Continuing,
the mayor said: Our resolution binds
| everybody who applies for license"
Mr.. Fell then swore that the ai1idavits
filed by The BEE had been made in con
formity with the law and that the figures
given did not include free or returned papers
those sold to newsboys, news stands or OF
railway trains. After the statement of Mr.
Fell, the World-lierald lawyer demanded
that the total circulation of the
sheet he represented be placed against
the evening edition of The BEE
But the board only laughed Ther
he wanted to have the board decide the cast
ON the December circulation, but Mr.. Gil
bert said the board did not ask last Novem
Der for the circulation n month ahead.
Mr.. Simeral wanted ruling on the edi
tions, and wanted to know whether the
board would follow the decision of the su
preme court in regard to declaring each edi
| tion n separate paper. The mayor said eacl
edition was, as he understood it, "a separate
newspaper
At this point the board adjourned until
p. IN. today.