Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-13
AGAINST The LICENSE
A Pretty Strung Neighborhood Objects to
. Liquor Store
John w. Foster Declares
His Opposition to GRANTING
License to Mr.. DOnnelly.

The !ong-standing question whether Mr..
Dcnnelly. the grocer at the southwest COR
ner of 14th and 1 streets, should have a
wholesale liquor license was the subject of
a hearing before the excise board yester-
day afternoon. Mr.. DonEelly's place is in
the neighborhood where ex-Secretary of
State John w. Foster. John w. Thompson
and Senator Chandler live. Here also lived
the late widow of Chief Justice Waite. Mr..
Nathaniel Wilson appeared as attorney for
Mr. Foster and the other property holders
who object to Mr.. Donnelly's having a
license, and Mr.. Foster and Mr.. Thompson
were also present before the board. Mr..
w. F. Nattingly appeared for Mr.. Donnel-
ly. who was himself present
The point at issue was whether Donnelly's
3. when the act regulating the sale of liquor
in the District went into effect. The rec
ords do not show that it was. and IL this
ere proven under the law he would be I'M
der the obligation Of getting signers on his
application. which he could not do, 1t Is
said. Mr.. Mattingly said that there was in
existence notice from the excise board to
Donneily to appear before the board on
March B. and he also stated that Mills
Dean who was formerly Donnelly's attor-
ney, had knowledge of the matter. but be-
ing raralyzed could not set the matter
straight Mr.. Wilson insisted that the rec
ords showed that Donne,ly was not within
the law, and that on all the facts in the
case he was not entitled to a license.
Mr.. Foster said that IL the case was to
be postponed he might not be able TO be
present. ard he therefore desired to make
a statement in his own behalf and of his
nefghbors. He said there appeared to be
an impression about the offices Of the eX-
else board that the opposition to the grant
ing OF this license was in the nature of q
persecution of an inoffensive citizen. Moth
ho frt,f "ha, h.,
CMr FOSTER purchased his present resi-
dence there was no licensed liquor saloon
in that vicinity. and there had been none
Tor number of years. But since 1882
four places for the sale of liquor had been
granted licenses by the authorities within
short distance of his residence, and On
or Immediately adjoining the corner of 1
and l4th streets. In 1894, learning that
DonnelIy had applied for a license, a pro-
test was filed against granting it upon the
ground that his place WAS within 40 feet
of school house, and because he was an
unfit person to have a license. This re-
monstrance was signed by Senator Chand-
Ter. John w. Thompson, the late widow of
Chief Justice Waite, L. H. Painter and Mr..
Foster. There had already been filed a
statement showing that Donnelly had with
In the last few years been before the Police
Court thirty-one times and fined twenty
one times for violating the liquor laws,
and that he had testified in court that he
had made $4,000 year out of his liquor
anu restaurant business wnen he held no
license
Notwithstanding these facts. the excise
board granted the license. In view of the
situation, Mr.. Foster said, this proceeding
was not persecution, but an effort of the
resident property holders to secure some
respect and protection for their rights and
to prevent their neighborhood from being
turned into "a whisky row." He believed
the excise board had acted under misap-
prehension of the facts, and now that the
&C rect state of the case was known he had
confidence the board would do their duty
ard reject the pending application. If not.
the residents would be forced to appeal to
the President and Congress for redress.
Mr.. Mattingly said he wanted the case de-
cided on its legal merits. without question of
the applicants character. To this Mr.. Will
son said he was confident of preventing
Donnelly from getting license. but al the
same time he should claim the right to show
that the applicant was not fit person to
have license. 1t was finally agreed to post
pone the case until March 81.