Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-02-21
MUST SHUT UP
Hartford Opera House Cafe is
Forced 10 the Wall By
Judge Wheeler
A PECULIAR SITUATION

IidI IllOIu, TGU ll.--J uuBe IeOIS6
w. Wheeler has declared his belief
that there Is no merit in the notice
of intention to appeal to the supreme
court, filed by the lawyers for H. Fl.
Jennings, Jr, when Judge Wheeler
in the December term of the superior
criminal court refused to issue a cer-
tificate to the county commissioners
that Jennings's liquor license be not
revoked, this decision having been
arrived at by Judge Wheeler after
it had been told to the judge that
Jennings had been previously con-
victed for violating the law.
After Judge Wheeler had decided
not to grant the certificate,eJ John w.
Coogan and Noble E. Pierce, lawyers
for Jennings, gave notice of inten-
tion to appeal to the supreme court,
and Judge Wheeler was asked to
make a finding of facts in the case.
There was no count in the complaint
charging prior conviction against
Jennings, but this fact was brought
out at the hearing by question
from Judge Wheeler. Judge Wheel
er denied the request of Mr. Jen-
nings's lawyers for a finding and he
says that he has been at loss to
ascertain the meaning of the appeal
until it came to his knowledge that
the county commissioners had re-
fused to revoke the Kcense pending
the appeal. Judge Wheeler further
says that in his opinion the appeal
was taken only for the purposes of
delay. George A. Conan, the clerk
of the court, delivered to the county
commissioners yesterday morning a
copy of Judge Wheeler's memoran-
dun. 1t is as follows,
Memorandum Upon Request of De-
fendant For Finding.
1t having appeared to the court
that the defendant had been convict
ed for the same offense for which he
has now pleaded guilty, | was of the
opinion: First. that upon the facts
as they appeared to me, and second
upon the law, I ought not to issue
the certificate prayed for, and in the
exercise of my discretion | refuse to
issue 1t. Since seeing this request for
a finding few days ago, have been
at loss to ascertain the meaning of
the appeal until 1t came to my know
ledge that the county commissioners
had refused to revoke the defendants
license pending the disposition Of this
appeal am of the opinion that the
appeal herein taken is only for delay
and that the administration Of JUS
tice requires that the trial Judge
should refuse to file a finding in ac-I
cordance with the request of defend
ant Jennings, and that the procedure
and processes provided by the law
should no longer be stayed by such
an appeal and that execution should
issue forthwith.
Request for finding denied.
G.. w. WHEELER, Judge.
After the commissioners had re-
ceived copy of the memorandum
from Clerk Conant they got together
and discussed the matter 1t was
then discovered that they had never
received u notice of the conviction of
Jennings. OF course the commission
crs knew that he had been convicted |
by their reading about IL in the news
papers, but as It also had been re-
ported in the newspapers that Jen- I
rings had taken an appeal TO the su- |
preme court, or had given notice of /
lis intention to appeal, the commits
siuners did nothing.
Such situation as that presented
by the Jennings case has probably /
county commissioners in this state.
There is statute which requires that
notices of convictions under the laws
regulating the sale Of liquors in the
superior court be sent TO the county
treasurer. SO that he can sue on the
bond of the licensee. This statute
,lso carries with il the general obliga-
ion that the county treasurer shall
-epOrt the fact of the conviction to
he county commissioners. There is
mother statute which says that the
,lerk of the superior clerk shall re-
,ort convictions in the court To the
COUNTRY commissioners.
The commissioners are expected
q take action in the matter to-day. If
lac license is revoked. a. IL must nee
'ssarily be under Judge Wheeler's ac-
ion. the Hartford Opera house can
lot again have liquor license as long
IS the present law exists. as it is
Within ID feet Of "A church. aud Mr.
surety on his license bond Z
) liable for $500. which goes To the
onnty treasury.