The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1907-02-05
Will File an Annea1.

Burlington's Co6Acil chamber was
packed Tuesday night with ministers,
lawyers, saloonkeepers and citizens of all
classes to hear testimony and argument
before the Excise Board on an application
for liquor license in the new Auditorium
Building. Shortly before 10 o'clock the
board adopted resolution in which it was
said that because certain facts had not
been brought out by the petitioner, in
conformity with the provisions of the new
Bishops liquor law, there was a lack of
Jurisdiction.
Those who demonstrated against the
granting of license filed out of the room
smiling at the victory they had attained,
but whether the boards action will stand
will depend entirely upon the construction
placed upon certain features of that statute.
The lawyer representing the applicant an
nounced that he would appeal the case for
his client and get a decision from the
courts defining especially that provision
in the law which regulates the distance
which saloon must be from a church or
public school
In the case tried Tuesday night, the APP
plicant, Charles NJ Lanning, produced
evidence showing that the entrance to his
proposed saloon on Front street was more
than 200 feet required by law from the
fence of the Broad Street Methodist
Church. This fact was not disputed by
the remonstra1t, but the Bishops law was
quoted and insisted upon by F. A. Rex, of
Camden, their attorney in which it is
should be 200 feet from the Enclosure of
the school or church to the building in
which liquor is sold before a new license
can be granted.
The attorney for tanning quoted de-
cisions in other States in which it has been
held that the entrance was contemplated
when such legislation had been passed,
but the board took the position that they
were not sitting to interpret the intent of
the Legislature, and since it had been adj
mitted that the rear of the building was
within the prescribed distance they would
not reject the application, but claim lack
of Jurisdiction
1t is generally understood that this
course was taken in anticipation of an APP
peal, so that. in the event of the courts
decision being in favor of the applicants
contention, he would not be in the
position, when he applied again, of having
been rejected. This decision, being the
first of its kind under the Bishops law,
will be looked forward to with interest by
both sides of the liquor question through
out the State.
In addition to the remonstrance filed by
the pastor and congregation of Broad
Street Methodist Church, the Presbyterian,
Baptist and other Methodist parishes filed
objections. They were all presented, and,
in addition, the rather amusing feature of
preachers and saloonkeepers being allied
was presented when it became known that
five or six liquor dealers had Joined in the
movement against Lanning because, it
was said, of possible injury to their
business. In fact, it was said, that these
saloonkeepers had furnished the attorney
who ostensibly represented the church re-
monstrants.
The case has been an agitating one for
several months past, and because of the
fact that the applicant was backed in his
petition by more than 100 prominent free
holders and the opposition thereto of all
the clergy and majority of their con-
gregations has given it much local interest