The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1898-01-28

represented by counsel; with one exception.
no point has since been developed In his case
which was not brought out at that time. AT
the close of the hearing the Commissioners
called your committee into their room and
asked for time for fuller discussion of the law
points of the case. They were agreed that on
general grounds of public honor and right the
license should be revoked. But they were
advised by counsel that there might be some
question as to the legal character of the pro-
ceedings a of their legal right to revoke.
For these reasons the board asked for time,
and appointed a new hearing for Wednesday,
December. END. At this time Alfred Mills
Esq. appeared and argued the case on its law
points. and with the result that the Com
missioners announced themselves satisfied
that the law gave them power to revoke Con-
ways license. in the exercise of their judicial
discretion. They were advised, however. by
their counsel that before doing so they should
send notice to Conway and call on him to APP
pear in person or by counsel and show cause,
if he had any. why his license should not be
revoked.
This notice was sent by the Boards own
clerk and the third hearing was had Wednes-
day January 18th. Not a single new point
was introduced at this hearing. The old
ground was covered with the same result as
before. The old law points and cases. with
one or two new cases added. were gone over
Nothing more need be said on this point than
that when the hearing was closed the Boards
counsel advised them that, in his opinion.
they were fully competent to revoke the
license and that all the conditions of the law
were complied with.
All this was to any sane and rational mind,
involved in the notice sent to Conway after
the previous meeting. What other meaning,
under the circumstances above detailed,
could that notice have than that the Board
- 4. L. L.
yoke. on giving sufficient notice. and that this
notice sent twenty days in advance was suffii-
cent notice.
When your committee went to the third
hearing they. had right to assume these
points settled. The Commissioners ha settled
hem Their own counsel took this view and a l.
vised them after this third hearing was closed
that they had full legal power to revoke, and
that the formallt1es of proceedings had been
complied with.
In giving their final decision no statement
was read. Commissioner Sturgis made some
verbal remarks. He did not base the action
proposed On doubt as to the legal power of the
Board 10 revoke. He called Conway's offense
a crime. He sad the Board might have made
a mistake in granting the license, and just
after that proceeded to move that the petition
be dismissed.
1t appea red then, fellow citizens that we all
bad been mistaken: that Mr., Sturgis. Mr. We
Collum and Mr.. Miller were not smarting
under any sense of having compromised
their honor by their hasty action in
refusing to hear evidence; that they
did give more wei hit to Conway's
personal word than to the Indictment of the
Grand Jury and that they were willing to as
sumo the responsibility of having licensed
man who three days later went to Jail on his
own confession.
1t appeared then that the sympathy of the
Commission was all for the man, who as their
spokes man assured. us had committed "a
charged them with the solemn responsibility
of seeing that the always dangerous and peril
Gus business of selling intoxicants Ia com
mitted to men who do not commit crimes or
keep diSorierly houses.
Ii these commissioners had had as much re-
spect for public interest as they had of sympa-
thy for Conway, we submit that they would
have kept out of trouble in the first instance
BY finding a way for hearing the evidence on
which Conway had been already Indicted be-
fore the Grand Jury. And once more we sub
NIT that if these men, with ali their profes-
sions of desire to deal justly had had
proper sense of their responsibility and of
their functions social security against the
confessed dangers of an unrestricted liquor
traffic, they would have given the public the
benefit of any possible doubt, revoked the
license and let the whole case go to the Su-
creme Court Should the defendant choose to
appeal ito as his counsel threatened to do in
case his license were revoked
We should have been more than glad to
have argued it there AS the case now stands
the only practical appeal seems to be to an ell
lightened public sentiment
TO sum up the case then petition was
their own action on the ground of deceit or
fraud in the evidence on which the license
was granted.
In evidence of this fraud and the other facts
in the case, on official &c Fl I'd copy of the pro-
ceedings in the Indictment. sentence and
raignment of Conway, of his plea were pro-
duced to the Board.
AS to the legal points, they were argued
fully, and when the second hearing closed the
Board and its counsel were agreed as to the
power to revoke.
Notice was sent To Conway twentv davs in
advance of the third hearing on this assump-
ton that the Board had power and were pro-
posing to use it.
In the final hearing not point in the case
was changed. The Boards counsel advised
them that they were competent and free to
act and to vindicate the justice, the dignity
and purity of the law.
Against the final action of this Board In re-
fusing to do this we now raise our protest and
through you appeal to the intelligent public
opinion of this community.
Dated MoRRIsTowN, N. j.. Jan. %. 1885,