Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1907-06-13

lnX tue COlumDia HOtel llceust ctssS.
Lee Jones, colored, an old offender. was
sent to Jail for so days for stealing watch,
and Robert Lutz, of Glassboro, who has
been in Jail four weeks for drunkenness
and non-support Of his family, was dis
charged on his promise to turn over new
leaf, and pay costs.
THE COLUMBIA HOTEL.
The first witness called was John Callen,
the owner of the property, and former
proprietor, who testified TO the number of
meals served to patrons. These sometimes,
he said, numbered 90 to 30 per day. Mrs.
Callen corroborated this statement.
Mrs. James Williams, who now occupies
the house, swore that several people have
applied for meals and lodgings.
w. II. Livermore thought licensed
house was needed there.
Fl. NJ. c. Fry, of Camden, said that he
had agreed TO purchase the hotel from John
Callen for $4,000, provided the place
could get license. He had been saloon
keeper in Camden for several years, and
never had any trouble with the Excise
Board Of shat place, and was the first to
comply with the Sunday law to take down
his screens. He expects to make Woodbury.
his home if the license was granted. The
license was to be granted to George G. Red
field, and he was to manage the place for
$50 per month and board, and to be re-
sponsible for the place.
George Redfeld, the applicant, testified
that nine signers to his application were
residents of the Second and Third Wards,
and three from the First Ward.
The remonstrants called the proprietors
of Paul's and Newton Hotels, who testified
they always had vacantlrooms for transient
guests.
About twenty-five of the substantial citi-
zens of the First Ward testified that hotel
was not needed there. That whereas drunk
enness and disorder were frequent when the
house had license, now there was quit
and order, men who formerly neglected to
pay rent and store bills,n paid and were
good citizens.
John Boyd Avis represented the appli-
can't and F. B. Davis the remonstrants.
Judge Starr held the case under advise
ment until the following Wednesday.
<r,rrr nm ctfNrN
Judge Starr, in refusing the license in
this case, said his aim was to do what was
right between the applicant and the rem
onstrants. He has made memorandum of
his conclusions, and read them as follows !:
The petition filed in this matter is for a
license to keep an Inn and Tavern in the
building known as Columbia Hotel, First
Ward, Woodbury., which prior to February
term 1906 had been licensed for about twelve
years.
Upon remonstrance being filed against
the granting of the license the applicant
produced testimany to show his right to be
the recipient of the same.
From the evidence produced it appears
that John Callan, the former licensee, owns
the premises in question, and on March 30,
1907, entered into contract with one Harry
M. G. Fry, of Camden, New Jersey, by
which the latter agreed to purchase the
property and furniture, provided license
to keep an inn and tavern in the same be
obtained at the present term of this Court,
the performance of the terms of the CONTRACTS
being made conditional upon the issue of
such license.
The applicant then produced contract,
dated May is, 1907, between Fry and him
self, which recited the contract between
Callan aud Fry, based upon the granting of
the license and providing that Redtield
should make the application for the license
and for his employment as manager of the
establishment, under the direction and con-
troll of Fry, for period of one year, for
which the applicant was to receive a COM
pensation Of fifty dollars month and a
room in said hotel with hoard and furnished
by said Fry The applicant also agreeing
to transfer the license to Fry or any person
designated by him, upon request.
On behalf Of the persons filing the remon-
STRANGE it is urged that the terms of the con-
tract between the applicant and Fry make
the latter the proprietor of the hotel and
the former his employee, and that the ar
rangement is for the purpose Of evading the
statute which provides shat license can
only be granted to person who is a resi-
dent OF the place wherein the same is gran
ted for period of one year.
It seems TO be plain by the terms of the
contracts that Fry is TO be the actual owner
of the building and hotel business and Red
field is to act as his manager or agent in the
operation thereof, and the question arises
whether, under the Act, the Court would be
justified in granting a license to keep an Inn
and Tavern to an agent or servant Of the
owner Of the business.
After careful examination Of the statute
the Cours has come to the conclusion that
properly license can only be granted to
the owner or proprietor Of the business,
which is to be conducted under the terms
thereof.
By Section i Of the Act the Court is
authorized to grant license to person to
keep an inn and tavern and to sell food and
liquors in the manner prescribed by she act