The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-21

up NJ any time allerWh1u' -,
''Suppose the application is advertised
on March 10, as In the Doyle case, the
hearing is on April 3, and it is not acted
on until November, would you consider
that sufficientY
81 don L know Of a case where action
is not taken at the hearing. We some
times lay applications on the table at
those hearings"
"When YOU lay an application on the
table how are the remoDstrants TO know
when IL Is 20 he taken up againY Don't
you give them a chance TO be heardY'
''We do not except when they come in
and ask for it. Then we always give them
hearing"
advertised on March 10, would like 10
know what action was taken on it?"
"The action will be shown by the re-
cords.
The records were then examined
and Mr.. Mccarthy discovered that the
hearing had been postponed from April 3,
the original date. to April 4. Mr.. Paine
examined the record ana said it did not
4. There was no hearing on April as
that was election day and legal holiday.
MRS. M'MLLAN's PROTEST.
Mr.. Mccarthy" you tell by re-
ference to the record when action was
takenY'
"Ihere was a remonstrance presented
by Edwards IL Angel, attorneys for
Mrs. Mcmillan, aud the suggestion was
made that some other liquor dealer was
using that remoustrance TO keep another
dealer from coming into the district. We
laid the application on the table and il
remained there long time. In clearing
up the table later we came across the
DOYLE application. / suppose it passed
% Ind NTH
OF Edwards a. Angel. We voted to grant
1t. 1t was an oversight that it had laid
there so long. The next day we received
remopslTance from Edwards & Angel,
claiming that Mrs. Mcmillan owned a
majority of the land within two hundred
feet OF the location ana stating that the
board could not legally grant the license
could not find that Mrs. Mcmillan was
credited with any land. / returned TO the
office and Mr.. Burnham came in. L
brought the matter to bis attention and
told him i could not see that sne owned
any property there. Il guess you are
wrong about that, he said, and be went
and got the map. He found that the land
IN question stood in the name of Mrs. Nc
Millan's father, but that he was dead and
that she was his sole heir.
"We had to revoke the license"
"When did you vote to grant that
license?'
"On Nov. Is. We had made a mistake,
hut we were honest In it and we credited
it as soon as we discovered it,"
MR.. MCCARTHY WANTS THE PROTEST.
Mr.. McCarthy-s'When was the remon-
straDce presented?"
"About the time Of the advertisement
and before the hearing.'
"By whom wassit presented?"
"By Edwards Il Angel"
"Was it writtenW
eyes, typewritten."
Mr.. McCarthy--"I would like to have
that remonstrance produced. And Mr..
Nixon went of to get II.
"has that the only remonstrance pre-
sentedr continued Mr.. Mccarthy.
"Later on, after we had waited to grant
the license, there were one or two"
"Did Bernard Doyle have license for
that place in '94?''
"No, SIR"
$50 while you voted to grant that IL
cense the certificate was never issuedf"
I" No sir, Ii was not issued"
son April a you say no action was
taken?"
"No action was taken"
"Was the application laid on the table?"
al can't say.''
"Would you have record OF 1t IL it
wasp
Not necessarily. Sometimes a record
is made and sometimes not
sin such case do you readvertise?"
"No, sir, we don't feel obliged to-
"This hearing was advertised for April
4 and the matter was laid on the table for
il up and grant 1t without giving the re-
monstrauts notice or chance to be
heardp'
"If they came in and asked the board
they would get a hearing. We give every
one an opportunity to be heard just as
we did you, Mr.. Mccarthy. You appeared
in case and you found you could not at
tend on the day OF the hearing and we
postponed ii to accommodate you.o
After some further questions OF the
same general purport Mr.. Mccarthy asked
Mr.. Paine II when the remonstrances
represented more than one-hslf the land
within 200 feet they should be given a
hearing.
"No, sir, replied Mr.. Paine, ''the mat
ter is then out our hands. 1t Is only
when less than majority OF the land Is
represented that we consider a remon-
STRANGE, and the board uses its discretion
as to whether 1t will grant or not"
In answer to other questions Mr.. Paine
explained the reason why no record notice
was given after an application was laid
on the table. When an application is ad-
u 10 subsequently klNtn.
Remonstrants have notification to APP
pear II they desire. Each application is
taken up and those who wish to appear
against 1T are called 20 do so. Ii Is only
nfter this is done and after all the remon-
strants have been given an opportunity to
be heard that the application is laid on
the table. from which 1t may be taken
by the commissioners subsequently and
acted upon.
The questioning on this point was long
and tedious, but IL did not result in any
material change of Mr.. Paine's statement
as given above and Mr.. Mccarthy closed
his direct examination.
MR.. PAINE CRoss-ExAMINED.
Gen. Wilson began Mr.. Paiue's cross-ex-
animation by saying: 81 wish to refresh
your memory relative to an opinion by
the city solicitor on the effect of vote
by the board and the power IL had, and
desire TO ask If written opinion was not
given by Mr.. Colwell growing out of some
difficulty on Dorrance street?'
81 think our chairman had some dis
cussion as TO what was the latest period
Of time at which a remonstrance could be
filed SO as to apply to a certain applica-
tion. Mr.. Colwell gave Mr. Sprague n
written opinion and II was to the effect
that remoustrauce must be filed on or
Eafpra na ~ hafCra