The evening times., 1895-09-18

The application of W. T. Wbelan for
license to retail liquors at the Portner
Flats was again the subject of discussion
before the excise board t,-day, upon Q
motion made by Attorney L. j. Donaldson
to refer the case to the attorney for the
District to decide whether or not the build
ing can be properly classed as a hotel.
Mr.. Donaldson made lengthy argument,
going over the papers in detail and reading
each affidavit TO show that the lease made
to Mr.. Whelan is not genuine.
II pronounce 1t To be bogus case"
said Mr.. Donaldson, .'and have filed affi-
davits to prove 1t to be such.
"The occupants of the suites now rented
are householders, with all the rights of
tenants under the law. No one of them has
been notified to vacate.
KNOW NOT wHELAN.
''Their leases are obtained of the agents.
Messrs. J. Harrison johnson & Son. and not
of Mr.. Whelan. The tenants do not know
Mr. Whcian in the transaction, nor do
Messrs. johnson & Son, except as possible
renter.
"Mr. Whalen does not occupy the prop
erty, and has no intention OF utilizing any
part Of it, except he shall succeed in OBJ
tanning bar license. The law gives 'es-
tablished hotels certain privileges, but
/ maintain that this is not an established
hotel. nor was 1t ever intended to be con-
Quoted as a hotel until Mr.. Wheian de-
sired it as place to sell liquor.
1.-The house is not designed as a hotel, mol
can it be converted into one without altera
iops that will in a measure change its
construction. There is no connection be-
house except by a front door on the Sew
eDth street side.
TENANTS NOT RECOGNIZED.
Tenants of flat are not recognized
In this matter" said Mr. Johnson; .'they
are monthly tenants"
''NiDety-nine out of every hundred rent
ers in this city are monthly tenants" re-
piled Mr.. Donaldson, land they are sub
Ject to the same rule of monthly notice
to yacate."
Mr.. whelan. who was present, was heard
in his own behalf. He read q statement
in which he insisted upon the protection of
his rights under the law. He submitted his
verified receipts for rent to prove that he
had entered into an agreement to lease the
barroom and said that he had ar ar
rangements with bis agents to pay over the
rents of the fiat to Mr.. Portner, instead Of
10 himself.
Tenants have not been notified to va
cate because he preferred to await the de-
sision as to the license. He admitted that his
lease was conditional, but maintain ined that
this did not affect the case. He said any
insinuation that bis was not a genuine
was mere bald assertion, un-
supported by fact.
Attorney Shoema ker- had previously
filed request for a continuance of one
week, but without deciding either of the
points raised, the board brought the hear
ing to close.
SIGNED WITH THE SMITHS.
The agents of the Smith Crematory Com
pany have signed an agreement with Con-
tractor Warfield, giving him the guaran-
Iced required, and their proposition was
placed before the Commissioners to-day
Mr.. Warfieid has no other company in
view, and IL is possible that no other will
be considered
The Commissioners are expected to make
4 choice this afternoon or to morrow, and it
IS predicted that within a week there will
De active work begun upon the construction
IF plant.