New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-08-20
ANSWERING THE Association
EFFECTIVE REPLY OF THE EATONTOWN
TOWNSHIP COMMITTEE
APPARENT IMMUNITY OF THE MONMOUTH PARK
pEOpLE-JUsTICE BEAsLEY REFUSES TO
MODIFY Az ORDER-IIs REMARK
AHLE OPINION


Trenton Y j. Aug ~ (SpeciaD.-The Eatontown
Township Committee has filed its return TO the writ
of certiorari which the Monmouth Park Assoca-
zion secured to review the action Of the committee
in imposing a license fee of 5000 on the assoca-
ton The papers were filed with the clerk oil me
Supreme Court at this place to-day
In the return the committee makes several eX-
tremelv serious objections TO the validity oil tne
writ which was served. In the first place the
committee declares that the service was bad. ana
that this in itself is fatal to the writ. According
10 the plain statute law of New-Jersey' the COM
nittee says that the writ should have beeh served
on the Town Clerk. who is the legal ccSton'al 81
the papers. Instead of that course being taken III"
writ was served Oh the individual members OF the
committee.
4 MORE SERIOUS OBJECTION.
Tho other objection is much more serious and far
reaching. The committee says in fact that there
&c M resolution now in its possession or before IL
such as is called for by the writ. The reason OF
this is that the resolution has already beeh re-
moved to the Supreme Court by writ OF certlorarl
II will be remembered that the Law ana oiner
League secured a writ Of certiorari for the puf-
nose Of reviewing the action Of the committee IN
,rar,ing the license on that writ the resolutions
In question were removed to the Supreme Court
Consequently the committee says mat the oin'r oi
chief Justice Beasey is for the removal OF some
thing to the Supreme Court when Is areauS oe'
fore that court. What answer the dsSoc'"'io 4"
counsel will find for objections remains TO be
,
In v,ey Of the fact that the committee had such
q oood answer to the writ, II Is thought somewhat
strange that after being driven 50 nara py 'he
association IL did not take the bit in IT'S teeth anu
refuse to 90 any farther 1t is believed that II the
committee had revoked the much-discussed license.
which was granted in such haste last February
public sentiment would have supported II IN
Tho ogbt against the association. Ii that had been
done racing would have had to he continued the
remainder Of the season without authority OF law
II racing should be continued under such crcuni'
stances 1t would seem from the plain readng OF te
law that not only the officers OF the associauoh'
but the bookmakers and others connected win me
track would make themselves liable 10 me ana I'M
prisonment.
/ II would have required good deal OF courage
on the part of the members of the committee 10
take this action. They recognized the iact mat
they would be prosecuted TO the fuil extent ol 'e
law and the influence which the association may
he able TO have with the courts. NO douot
strenuous effort would have been made to commit
,her IN nrison for contempt of court But the law
abiding part Of the State OF New-Jersey "ouI" pe
with them and il is not believed 'ha' Pupne
officials could be locked up for doing their pam
duty.
TIE LOT Of THE COMMITTEE NOT HNrr''
Ever since the license fee of 5000 mas peen u''u
discussion the Township committee h"9 ~
! twaa, the devil and the deep sea" II got ltseli
into hot water nv it's own dilatory tactics. ana al
lowed the association to steal march on IL Dy It's
own slow way Of doing business. After seh'ile
notice after notice to the association that '''e "
cense would be revoked unless the zee was par"
the committee at last spurred on by pubic ophio"
met to revoke the license
But several days before the meeting worn "a'
sent 10 the association carefully giving all dea'
as 20 the time and place of holding the mee''hs
Acting upon this information, the assocn,,'o.
promptly secured a writ Of certorari from 'hie'
| Iustice Reasey of the Supreme Court. whose sor
&c one of the counsel for the racetrack people T"
! their numerous litigatons
| This certiorari served on the members oi o
committee the eve OF the meeting al VIM"
mas proposed TO revoke the license IL oruere'
,hat tbe minutes OF the meeting Of the committee
a, which the license fee was imposed be taken .
| the Supreme Court for review. According 10 w
practice In New-Jersey, certiorari - Sens'A''