Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-11-24
counfv Courts.

Last Wednesday, at the afternoon ses-
sion, the trial of the indictment charging
Oliver B. Moss with maintaining a dis
orderly house at his boat house at Reeves
Mill pond, was begun and terminated Fri
day noon in verdict of not guilty. Mr..
Moss is business man of Phila., who owns
farm near the pond on which he erected
boat and club house where, with friends,
he went for recreation Many witnesses
were examined on both sides. among those
for prosecution being owners of an adjoin-
ing boat house, who acknowledged having
accepted the hospitality of Mr.. Moss and
his friends For the defence, numbers of
Select and Common Council, of Philadel-
phia, men of high business and social
standiDg, testified. A I'll. Swsckhamer
was counsel for Moss Starr for State
Ga Monday the remonstrants to Washing
ton Park license were given hearing be-
fore Judge Jessup. ExJudge David j.
Pancoast and s. S Iszard appeared for the
remonstrats and Fred Rex and ]. Boyd
Avis for the licence
In granting the license a year ago, the
Court restricted the sale of liquors at the
Park TO the "brick house," which is the
hotel proper, although the applicant prayed
for general license for the Park property
This restriction the management ignored,
and sold liquor from numerous stands over
the grounds of the Park.
This fact formed he basis of the remon-
STRANGE to a renewal of the license, and it
was promptly admitted by Mr.. Rex, coun,
sci for the Park, who added, We are will
ing to abide by our actions, and in doing
SO contend that we obeyed the law
Mr.. Iszard, for the remonstTants argued
that the applicant bad violated the
Inn and Tavern act, quoting the act OF 1916.
Mr. Rex, in reply, said the application
was made under the law Of 1891, designed
for corporations of this class, and imposes a
higher fee for the additional privilege. 10
reference to the Courts construction OF law,
be said THE law seeks to regulate the
the liquor traffic This Court sits as an Ex-
cuse Commissioner. 1t is the law that say 5
what a license shall be, and not the Court.
This Court has no legal right to trammel or
restrict the licenses. You cannot say
grant you license to sell in the next room
or under a chestnut tree. Such PROPOSE
ton is ridiculous. The law decides that"
Mr. Rex here read a decision of the
Superior Court of Pennsylvania on abuse
of judicial discretion and continuing, said ::
"We contend that our license was granted
by the law, and The Court went away from
the law when it abridged it. This Court
cannot construe that a law should be 80
narrowly constructed as to say that 10000
people could be accommodated in a small
room The Court must carry out the law
which we have respected"
Ex-Judge Pancoast, in closing the argu-
ment for the remonstrants, said the appli-
cant had been driven to admit direct
violation of the law. They ignore the
Legislature, and seek TO establish a new
law. They boldly claim the right to set
up as many drinking places as they see fit.
regardless of what the Court may say. By
their acts they have made themselves
keepers of disorderly houses and violated
the Courts order and the law"
Judge Jessup took the case under ad.
visement, and will render decision OH
Friday.
CHAPTER CXL.
Following is the Act of 1891, referred to
by Lawyer Rex in his argument in the
matter of Washington Park license:
A further Supplement to the act entitled 'An
act concerning inns and taverns," approved
dred and forty-six.
1, Be it eaacled by the Senate and General
Assembly of the State of New Jersey, That any
corporation duly Incorporated under the laws
of this State for the purpose of establishing and
managing picnic and pleasure grounds or for
the purpose of conducting and carrying on the
business of hotel keeping or for keeping an inn
and tavern or inns or taverns. may be granted a
license to keep an inn or tavern by she body
having au horitY to grant such license within
the county, municipality or township where
such inn and tavern is proposed to be kept
O. And be it enacted, That the application of
any such corporation for such license shall be
made, so far as the same may be applicable,
pursuant and conformably to the requirements
of law regulating applications of individuals for
license to keep an inn and tavern.
3. And be it enacted, That any corporation
keeping or conducting an inn and tavern shall
be, in all things and in all respects subject to
the same requirements of law, liabilities duties,
pains and penalties as are individuals engaged
in the same business.
4. And be it enacted, That this supplemental
act shall take effect Immediately
Approved March 81, 1891.