The morning times., 1896-03-13
SPIT BETWEEN counsel
DOnneIIy License Case Caused
a Slight Unplaasantness.
IT WAS AGAIN POSTPONED
Mr.. Foster and Mr.. Mattingly Had
Slight Misund nderstanding, but Every
thing Was Smoothed Over-Appli-
cant VIII Garry the Fight Through
To the Highest Power.
EXCISE HID To COME.

EXCISE HID To COME -
The excise board. al the request Of after
ney for MIR James Donnclly, The Four
teenth-Street grocer, again postponed the
hearing upon the lattcr's application for
wholesale liquor license from O'Clock
yesterday afternoon until next Saturday
week at 80 y. m, but not until the dis
cussOn had drawn from the opponents
OF the application the declaration that
should the rights of the protcstants he
diSregarded the ease would be carried
to the Commissioners, thence. If neceS-
sary, To the President and Congress, and
the issue is therefore likely to attain national
notoricty.
AT one point in the debate strong feeling
was manifested ana Attorney Mattingiy
felt called upon to characterize a remark
made by Hon. John w. Foster as uncalled
fOr-after Il brief pause he Went further and
said it was not only unCa!ied for but an
grntlemanly. This was soon explained,
so that Mr.. Mattlngly withdrew his epithet,
it appearing hat nc had labored under a
misrepresentation of the eX-ScCretarys
meaning.
Mr.. Foster was opposed to the post
ponemcnt. He said that upon Mr.. Mat
tingly's plea of insufficient time TO acquant
himself with the facts it would only be
necessary for Mr. Donnelly 10 employ
another attorney, if he should feel that
he had not e)nc able enough and come To-
the next hearing with the same request
This Mr.. Mattingiy construed as Il rcflcc-
ton upon himself. ana he resented ii i'll
the manner indicated.
NO PERSONAL REFLECTION.
Mr.. Foster said he could easily submit
to remark OF that character, under the
circumstances, but disclaimcd any intention
| to personally reflect. His explanation
demonstrated that very different con-
Structon could be placed upon The original
observation, and serenity was Immediately
| restored.
Mr.. Mattngly opened the discussion by
! suggesting a Coftinua nee, and Mr.. Ma
! thaniel Wilson, attorney on the other side,
| strenuously resisted the application for a
| postponement. upon the grounds that the
matter at issue was merely a question OF
| fact, ana could be easily determined in an
| hour.
| Mr. Mattingly said he did not suppose
| the board would proceed with the hearing
! prior to a decision on The proceedings be-
| fore the court upon the bill filed for an
| injunction by the other side. He did
| not consider it proper for the board 10
! ignore the court proceedings.
| To this Mr.. Wilson responded 10y 81 wing
| the attorney for the District had dcmurred
! to the bill, and bad himself declared in a
! formal opinion that the issue was a matter
| OF fact, TO he determined by the excise
| board. In order that there should be no
| impeachment 10 the preSe Mt hearing, he would
| order the bill in court 10 be dismissed. send
ing the notice by special messenger, and
| again asked that the case be proCe eded
| with. rI
! NEEDED MORE EVIDENCE.
The opposing attorney insisted, however,
| that he could not go on. He stated that
there was important evidence to be secured
that would require time, and at this
tiuncture Hon. John ". Foster asked for
| permission to make 4 statement, as, in
| case OF postponement, he could not be
| present at the hearing.
| He proceeded to say that he had pur-
chased property in the neighbOrhood of
| Mr.. Donuclly'S place at time when there
We're no saloons there. There was no APP
| plication from Mr.. Donnelly on file then,
| nor when the law of March 3, 1893, was
| passed, and upon that point the case
/ rested.
Mr.. Foster added that there were many
things he would like 10 say i'll he presence
! Of the attorney for the District, but III
| his absence he would say only that upon
| a previous occasion before a former eX-
| else board ii had been shown that the APP
| plicant had been arrested thirty-One times
| for violations of the law. and that he had
not know hat this arraignment had ever
been contested nor the facts diSproved
MIR FOSTERS POSITION.
1t is, therefore. notwithstanding Mr..
| Thomas opinion, not alone a matter of
fact but also as to whether or not Mr..
| Donnelly Is a proper person to hold a
| license. 1t is more that that, he said, 1t
| is a matter for he discretion OF the board
! whether or not il is necessary TO burden
| n residence section with an Objectionable
| saloon.
There are now four places selling liquor
there.
The Mexican government, Gen. Foster
| said, had been prevailed upon to locate its
legation in that square upon the assump-
tion that it would remain residence sec
ton.
| Attorney Wilson referred TO the opinion
rendered by the Districts Attorney, as
irritating, when he had cast 4 doubt upon
the authenticity of plain abstract of the
! records of the excise board and had de-
clined TO pass in Judgment upon the mat
because Attorney Madigan had by oral
argument presented a different phase.
This brought Mr. Madigan to his feet
He said he wanted it distinctly understood
that ne was not posing as an attorney. He
appea red as the applicants friend, to save
him the expense of employing an attorney
He could, however, prove the truth of what
he had said to Mr.. Thomas.
The board finally granted the continu
ance.