The evening times., 1895-09-24

son, that the Portner. Flats cannot be
classed as an ''estab1sbed hotel," as
contemplated by the excise law, but the
application OF Mr.. william T. whelan for
bar license is stin pending, 1t being con-
cedesf that the applicant has the right to
| establish" the place at any time, II he
elects TO do SO, and it is ascertained
that !sIr. wbelan Is rapidly shsp ping affaiss
to- that end.
advised of the proposed change. Mr.. Thomas
w. Jones, of suite No. 2, has received a
notice, signed by Mr.. Whelan, to the effect
that he has leased from Mr.. Robert Portner.
"for hotel purposes the rooms now occu-
pied by him.
.The building will siill.be known as The
Virginia. and If Mr.. Jones still desires to
retain possession of the rooms he can make
such arrangements as may be proper by
calling at No 500 Seventh street south
west.HS. .l;,r .,,s. -
In addition, the agents OF the property,
Messrs. ]. Harrison johnson & Son, send
Mr.. Jones a similar notice, and express a
willingness to treat with him as to retention
of the rooms.
a. COMPLICATIONS ARISING.
Here arise several complications which
are calculated to give more or less interest
10 the proceedings later on. Attorney DON
aIdson stated this morning that the tenantt
have decided 10 leave the building In body
in the event that Mr Whelan succeeds IN
securing a license, and what Is, perhaps,
equally important, the Anti-saloon League
has engaged additional counsel with the in
ttention of contesting to the extreme limit
the proposition set up against the Issuance
of a hcehse BECAUSE of the nearness Of the
building 10 a private school.
The opinions of two prominent attor-
neyS have been filed, to the effect that
the amended excise law does include ho-
tells in this prohibitnry provision. which
is in direct conflict with the opinion re-
Gently filed by Attorney Thomas.
This indicates the lines upon which the
league proposes to conduct its fight.
Mr.. Donaldson will make a motion to-
morrow, at which time it is expected
there will be a further hearing, that the
papers in the case shall be at all timer
left accessible TO the attorneys and other
parties in interest.
He bases this request upon the fact that
when not In session the excise board is
often absent in the discharge If its func-
tions as a bnard of assistant assessors, and
: that the case cannot be reviewed nor
papers inspected at such times.
The case is noteworthy by reason of the
important questions at issue, and it Is
possible that upnn any decision made by
the excise board there will be a resort to
the courts.
GETS AROUND THE LAW
= The debate over Mr.. ]. A. Wynkoop's
sixteen foot wall in the rear of premises Nos
4O3 and 4O5 First street southeast, was
resumed this morning before the Commis-
sioners, with Attorney c. A. -Erandenberg
representing Mr.. wynkoop-
The circumstances in his case, as hereto
fore published in The Times, are that to
order tn prevent some of his near neighbors
from constantly witnessing what trans
pired in the rear yard attached to the resi-
denee, Mr. Wynkoep had a brick wall
erected on the line of his lots, which was
nine feet higher than the regulations per-
-mitted.
He was notified to reduce the height to
seven feet within fifteen days, and upon this
he appealed.
Several hearings have been had. Mr..
'wynko0p yesterday consulted the building
inspector about taking out permit for
the construction of conservatory, Of
which the wan win form a part, and in
the event that the Commissioners decline to
entertain his appeal, be will, without doubt,
proceed" with the work of building the
conservatory. to which there. can be no
valid objection.
The question of Mr.. Wynkoop's right
to maintain the wall inside of the line
of his own ground has been referred to
A ttorney,- Thomas. 1t Is believed the
opinion will be favorable to Mr.. Wynkoop,
and that the board win aequiesce.