The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-07
STATE MUTUAL.
Hearing Over Grant
ing License to A,
A. Brigham.
BOTH SIDES THERE.
Best Of Feeling Prevailed
and the Proceedings
We're Harmonious.

The license commissioners granted a
hearing last night to A. A. Brigham,
proprietor of the State Mutual restau-
rant and to q number of gentlemen
representing Grace Methodist Church,
which organization has protested.
through its quarterly conference and
board Of trustees, against granting
license to Mr.. Brigham.
Col. w. A. Gle appeared as counsel
for Mr. Brigham; Willis E. Sibley for
the protesting body. There were pres
ent in addition to the counsel and full
board of commissioners, Rev. W. J.
Thompson, City Solicitor Arthur p
Rugg, A. A. Brigham. John F. CroWell,
president OF the board of trustees of
Grace Church, E. A. Brewer, +. W
Coffin ana DR.. Volney NJ. Simons.
From the statements brought out dur
ing the hearing, it is evident that the
applicant for a license considers that
the church representatives have taken
advantage of the teChniCalty in the
law in protesting against the granting
of his application, and that on the same
line, acting within the Interpretation of
the law, he enGeayOrs to prove that tn
premises described by him in his ap
pIication, aside from a portion of the
kitchen, are outside the limit which al
lows the church to protest as an abut-
ter or within the 25-foot limit.
From the testimony Of the church
representatives, it is evident that NJ
personal feeling enters into the con-
troversy, but rather that the churctsi
living up to its preCepts as regard
temperance. There has been consider
able argument as to the controlling in
tereSt Of the quarterly conference in
The church property. The fact that the
quarterly conference is the supreme
body Of the local church and may make
or Unmake the board of trustees. does
not, according to the agreement of the
counsel for both sides alter the fact
that the board OF trustees control the
church property, hold It in trust and
make all conveyances if such be neces-
sar.-.
In opening. Col. Gle devoted some
time 10 setting forth the character of
the restaurant and its proprietor and
the feeling entertained toward him by
1he tenants of the State Mutual build
building. Mr.. Gileoin EFT pubmCyk
building. Mr. Brigham has been pro
pfletor OF the restaurant for two years
ana curing that time has built up a
reputation that extends through the
city and to places outside as we'll
Col. Gle considered that if the pro-
test was legal as q matter of law and
flGht, the commissioners have a right
70 grant Mr.. Brigham a license in all Of
the rooms described in his license aside
from part Of the kitchen. If the pro-
rest is legal all it VIII accomplish is to
close the kitchen.
lie considered the protest techni ally
Illegal the statement State Mutual"
RtlIdlhg, which is tae manne~ in which
fhe protesting body describes the
premises protested against includes
the whole building. while as a matter
OF fac, the law states the premises
described in the application" Col Gile
characterized the protest as not being
worth the paper it is written on.
He cited a case which took place in
Milford, some time ago which was
ruled on by the supreme court; in this
case the license was granted to an in
dlViduaI, in certain building, the
premises not being described The
court ruled the license Illegal, and for
this reason Col. Gle thought the law
should work equally well in this case.
Another proposition was that the
present board of trustees had no legal
right to protest. A statement from
Horace Hobbs. examiner of titles. went
70 prove that there has been no trans
fer since July II, 1894. at which time a
certain conveyance was made by the
trustees of Grace Church TO the State
Mutual company. The board of
trustees, as constituted at that time,
differs in personality from the present
board, but there is no record to show
that transfer of the property held in
trust has been made.
He assumed that certain members of
the board had resigned or asked to re-
sign since the vote was passed of a
previous meeting, at which time the
trustees voted not to protest. but there
has been no transfer of title; therefore
the newly organized board is not from
a legal standpoint controller Of the
property.
Col Gle thought the matter had dou-
bic aspect. The trustees had voted once
asarecord produced at the hearing went
10 show, not to favor protest, and he
thought this vote should not be multi
fed.
He referred to the opinion of the city
solicitor regarding the rights of prop
erty owners up in the air, or in the
other directions. Col Gle interpreted
the intent of the law as meant to eff
feet a business or calling that is in any
way detrimental to no other mans
business. So fa- as distances is con-
cerned, his clients premises arc as far
removed from Grace Church as the
Bay State House, Lincoln House or
Putnam & ThuTston's. He explained
that it is not the purpose Of Mr.. Brig
ham to maintain or tolerate bar. nor