The morning times., 1895-11-22
FIGHT AGAINST 4 LICENSE
Fourteenth Street Residents 0p-
pose DonneI|y's Application.
LEGAL PROCEEDINGS BEGUN
Uriah Painter Files Bill for a Re-
straining Order Against the Excise
Board-C6ntends That as Donnelly's
Place Was Unlicensed for q Time,
His House Becomes New Place."

The effort to prevent James d. Dom
nelly from procuring a license to retail
liquor at his store On Fourteenth street,
between and streets, has taken the form
of civil litigation, bill in equity having
been filed in the name OF Uriah w.Paintcr,
a citizen of the neighburhood, against j.
Harrison Johnson, James A. Bates and
Samuel T. G. Morsell, who constitute the
excise board, Ia restrain them from ap-
proving the application.
1t is not certain that the cause will
ever be heard, as 1t was rumOred yesterday
that the papers would probably be with
drawn; but tue case is one of more than
ordinary interest, the contest being one
that has been renewed annually for sew
eral years.
Hon. John W. Foster and Mr.. John W.
Thompson were before the excise board
about ten days ago, arguing NJ OF only
as against Mr.. DOnneiiy, but against Others,
upon the plea that there are four places
within a short space in that square where
liquor can be- purchased, and that as the
street is largely occupied by residences,
there is no occasion for a multiplication
OF the saloons. one of the places, Mr..
DOnnelly's, is grocery store. another
wholesale dealers establishment, the
third Il drug store, and the fourth regular
saloon.
L YIN . VI II LtoN 1 f-so aN %
The point raised is that Donnelly was an
applicant for a license prior to the passage
OF the present license law, his applica-
ton was rejected and the money returned
to him; that afterwards he renewed his
application under the new law and was
again rejected, and that the refund OF
money included the entire amount of the
license fee, showing that he was prac-
ucally out of business.
II InI h.,. hnf sfn fr-gh hnf - q
as dealer, the protestauts say, only the
pro rata share OF the money would have been
returned to him, and that therefore, be-
ing not established" and his place I'M
licensed for a certain period, his house be
came 4 new place under the law, and the
provision prohibiting the sale of liquor
within four hundred feet OF school
should apply.
Mr.. Domelly's original license, under
which he now seeks renewal for 1896,
was granted upon an opinion of Attorney
for the District Thomas, who held that
Donnelly's place was not excluded nut
on the contrary, under the amended law,
he was entitled TO the license as having
had an established business PRIOR TO the
enactment OF the present statute.
POINTS IN CONTENTION.
II was twice before Attorney Thomas.
once under the old law, and upon technical
point then raised. To the effect that as his
place was not established" prior to the
creation of the school-Emerson Institute
he was not entitled, but the amended law
changed the conditions in his favor, and
upon the last presentation the attorney de-
cided he was eligible"
The residents on Fourteenth street, in
the vicinity of Mr.. DOnnelIy's place or
busines. made a fight against his applica-
ton last year. and renewed ii this year,
upon the contention. as stated, that in the
eye OF the law. his place was practically
and to all intents and purposes closed, ana
that his rights were thereby vacated.
The proJestants are represented In the
suit filed yesterday by Attorney Nathaniel
Wilson.