Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1894-02-26
PROTEST
Which Has Been Filed With q
County Commissl Oners.

Which Has Been Filed with the
County Commissioners.
TO the Editor Of the JOURNAL AND COURIER:
As an appendix to the recent history of |
our county commissioners which had the
pleasure of giving to the public through
the press last week, permit me to lay be-
fore your readers the following protest
which has Just been fled with the commits
sioners against their hasty and, as We be-
lieve, illegal action in granting a transfer
of license to place against which pro-
test bad been made by the neighbors and
others as an unsu,table place. Although
frequent inquiry had been made of the
commissio- ers by these interested with
regard to the issuing of any license for
this place, the transfer was granted with
out notification to the parties interested
and without giving them a hearing. 1t
was also given without the advertising re-
qu,red by law. For the application for
this transfer was made on February -.
The transfer was granted on February 20.
Section BOIL requires that q "similsr sp-
nlication" in the case of a trans-
fer of license shall be made as
sis required of the PERSON to whom
the license was originally granted" The
original application must be advertised for
two successive weeks "before the same
shall be acted upon by the county commits
sioners." This transfer has not been go
ADVERTISED, and We hold that the action of
the commissioners 10 illegal as well as an
injustice to the citizens who protest against
the licensing of q notorious place.
The publication of such facts. and the
ak ~ TO fnf mt int 10
of the doings of these sutocrstic little bod
les may possibly serve to interest the peo
pie more generally in the whole q uestion
concerning their functions, responsible
ties, and legal limitations, as well as the
method of their election.
NEWMAN SMYTH.
To the County Commissioners of New Ha-
ven County.
Gentlemen: I desire to call your atten-
ton to my letter of January 4th, 1894, pro-
testing, in behalf of the Citizens Law and
Order league of New Haven. against the
granting of license to Christian Fries to
sell intoxicating liquors at 9e9 Grand
avenue, and against the granting of IL
cense to any other person to sell liquor at
this place. In consequence of this protest
by the league the application of Fries was
withdrawn.
It having come, however, to my know
ledge that q transfer was on February 2Oth
issued by your board to George Bitter, per-
hitting him to remove his business from
4l9 Orchard street to $50 Grand avenue, 1
again protest, in behalf of the Citizens
Law aud Order league of New Haven,
| against the granting or transfer of q license
authorizing any one to sell liquor at said
$50 Grand avenue. And IN this conneo-
ton, would respectfully call your atten-
ton to section 3083 of the statutes, in
| which it Is expressly stated that, in ca. Q OF
| any objection to the granting of hcense,
| county commissioners "shall not grant
| said license until after hearing" In the
| opinion of the professionals this clause ap-
| plies with equal force to the transfer OF
| an old, or the granting of a new License,
| The grounds of our objection to The
granting, or transfer, of a license permit
ting the sale of Intoxicating liquors at this
place are these:
| /. For several years the place has beer
known as a disrepusable place and the re-
sort Of lewd and dissolute persons.
Q. The proximity of the place to manu-
| featuring establishments where . large
number of men and boys are employed
renders this an unsuitable place within the
intent and meaning of the law, for the 10
cation of a saloon.
8. After the protest against the licensing
| of this place was presented to the board
and prior to the application for transfer,
| mission for the advancement of gosps
temperance work was established in th'
adjoining building; and the location of I
saloon In such close proximity to the mis-
zion would be a continual temptation t,
the men who daily and nightly gsthe
there, and great hindrance to the worl
of reform.
| For these reasons We ask you to reseinc
your permission for this transfer, or Al
least to grant us a hearing before fnsll,
ssnctioning it.
In conclusion beg to call your attention
to the recent decision of Judge Robinson
of the superior court, in the appeal case o
W. E. Sessions against the decision of tn
county commissioners In granting licsas
to Andrew J. Brennan of Bristol, concern
ing Environment" also that of Judge g
W. Wheeler, in the Michael case, as t.
what constitutes equitable place" within
the intent of the law.
Believing that you will be ready AM
willing to heed this protest made in tn
interest of good morals and for the publ
welfare, am, in behalf of the Citizens
Law and Order league of New Haven,
Yours respectfully,
L. A. BAeCoCK, secretary.
Feb. 90, 1894.