Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-13
AGAINST THE LICENSE
A Pretty Strong Neighborhood Objects to
Q Liquor Store
John w. Foster Declares
License to Mr.. DonnelIy.

The !ong-standing question whether Mr..
Dcnnelly, the grocer at the southwest cor
ner Of 14th and l streets, should have q
wholesale liquor license was the subject Of
hearing before the excise board yester-
day afternoon. Mr.. DonEellys 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. Mattingly appeared for Mr. Donnel-
Iy. vino was himself present
The point at issue was whether Donnelly's
application for license was on file March
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
we're proven under the law he would be UNI
der the obligation OF getting signers on his
application. which he could not do, It Is
said. Mr.. Matt.ngly said that there was in
existence notice from the excise board to
Donnelly to appear before the board on
March 3, and he also stated that Mills
Dean. who was formerly Donnelly's attor-
ney, had knowledge of the matter, but be-
irg raralyzed could not set the matter
straight. Mr.. Wilson insisted that the rec
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
neishbors. 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 a
persecution of an inoffensive citizen. Moth
ing was further from the truth. When he
tIr. FOSTER purchased his present resi-
dehce there was no licensed liquor saloon
in that vicinity, and there had been none
for number of years. But since 1882
Tour places for the sale of liquor had been
granted licenses by the authorities within
a short distance of his residence. and on
or Immediately adjoining the corner of l
and i4th streets. In 1894. learning that
Donnelly had applied for a license a pro-
test was filed against granting ii upon the
ground that his place WAS within 40 feet
of a school house, and because he was an
unfit person to have license. This
monstrance was signed by Senator Chand-
ler John w. Thompson, the late widow of
Chief Justice Waite, L. II. Painter and Mr..
Foster. There had already been filed a
statement showing tina; 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
and restaurant business when 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 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 msap-
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 he 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 a license. but at the
same time he should claim the right to show
that the applicant was not fit person to
have a license. 1t was finally agreed to post
pone the case until March p.