The Jersey City news., 1899-11-15
SAUERLAND UPHELD.
Nevin Says the Saloonkeeper
Has the Right to
Sell Liquor.

Police Justice Nevin, this morning, in
the First Criminal Court read his opinion
on the Sauerland case which has attract
ed much attention the last few weeks.
About November Anton Sauerland de-
cided to open a saloon at the corner OF
Erie and Fourth streets The neighbors
in the vicinity objected to the saloon and
filed a remonstrance with the Board of
Aldermen. Notwithstanding this fact
Sauerland applied for license and de-
posted the necessary $3.50 with the CITY
Sauerland opened his place of business
and proceeded to sell liquor.
Chief Murphy Immediately had the
proprietor of the place locked up charged
With vi selling liquor without a license. The
case has occupied much time in court;
Sunderland also erected storm doors by
permit of the Street and Water Board
For that he was arrested on a charge
of violating city ordinance. he was
tried before Police Justice Potts. MI.
Sauerland was guilty and fined him SO.
The rial for liquor selling was peIore
Police Justice Nevin, who today gives TINS
I'm the matter of the case Of the Mayor
and Aldermen of Jersey City VS.. Anthony
Sauerland, charged with violating cry
ordinance, in that he and his BARTENDER
sold liquor without a license, on Satur-
day, November 4. The evidence in the case
shows that said Sauerland. some days
made application to the Board of Alder
men for license to sell LIQUOR at the
place in question. paid the license lee anu
received receipt therefor; that for come
time after his place was not ready ana
that he finally opened upon the SATURDAY
night in question and was promptly ar
rested for selling liquor without license;
that it has been the practice in this city.
owing to the Inability Of the proper CITY
officials to meet the extraordinary tax
allow applicants for liquor licenses to do
business upon receipt, such as they ob-
tain at the City Clerks otflce ,a when me me
paid; that the practice held good through
out the rest Of the year; when an apphs
cation for a liquor license is made ana
the fee deposited the applicant is allowed
to do business on the receipt until ac-
ton upon the application be taken by the
Board of Aldermen and His Honor the
Mayor: that the only exception to this
rule is made in the case of applicants
against whom or whose lace remon-
STRANGE has been filed with the Board OF
Aldermen: that a remonstrance was fled
against Sauerlands application; and that
before opening up he had notlned the po-
lice of the precinct and had his recelpt
vised by the sergeant In charge or the
precinct when he called at the station
house. -, -
this case brought out. 1t is evident at
once that the ordinance regulating the
licensing of saloons, ETC., was then
violated by Sauerland, in that he had
no license and sold liquor The thing
left for the determination of the Court
is the gravity of the violation Ine hrSt
under consideration is that If the defendo
ant, Sauerland, be guilty, so are the WV
or O00 saloon keepers guilty OF the same
offense annually in the month OF jury
The rule which has been made allowing
business to be done on the receipts Tor
license fee paid to the City Clerk has
been made as matter of conveyance to
the city authorities, the saloon keepers
and the public.
far as the police are concerned, all the
applicants can only be regarded IN one
way-equally-the only consideration for
the Police Department IS, has the ap-
plicant a receipt or not2' If there pc any
interference with a saloon keeper In the
matter of allowing him to enjoy the ao-
vantages of the rule IN question II
amounts to discrimination, and following
out the situation then arising to logi- |
cal conclusion might amount to persecu- |
ton.
'While the rule is a reasonable one for for |
the public convenience the position taken |
by the police that In cases where re- |
monstrance has been fled-that individual |
applicant is denied the privilege OF 1ln the
To concede that such discrimination |
should be allowed would be TO- acknoW-
ledge that the functions of the Mayor and
the Board Of Aldermen can be usurped by |
the Police Department. The statutes con-
stitute the Board of Aldermen, and they |
may be the judges OF the htness or un-
fitness of an applicant and of the advis- |
ability of granting or denying the appli-
cation.
sfEither the rule must include all appli- |
cants or none The merits of the remon-
STRANGE filed do not enter into the consid- |
Grafton of this case and cannot concern |
the police department unless the law be
violated.
saThe judgment of the court is that SEN
tence be suspended"
Chief Murphy this morning, when in
formed Of the opinion rendered by Justice |
Nevin. said:-'If Sauerand attempts to |
do business without a license the police |
will again place him under arrest