The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-08-24
EXCISE LAW CAN'T
Be ENFORCED, SAYS
JUDGE ]. {. FOSTER
Head of Common Pleas Court De-
clares II Will Never Be Re-
spected in New Jersey.
SENSATION SPRUNG In
PROBE AT ASBURY PARK
Bishops Bill Called Unfair to Sas
lo0nmen and Entirely
Too Drastic.
SHOULD BE MODIFIED
AND | THINK IT WILL"
Conflicting Testimony Expected
n Investigation OF Ocean
and Monmouth Conditions.
SHOULD BE MODIFIED
AND | THINK IT WILL"
Especial to the Evening star.I

ASBURY PARK. Aug. 24.-'The
Bishops law will never be fully re-
specled nor entirely obeyed in New
Jersey declared John e. Foster, judge
of the Monmouth County Court Of
Common Pleas, today TO Governor
Forts excise commission, which is IN
Yestgatng excise conditions in Mon
mouth county.
''tt fs aimast absolutely impossible to
enforce the present excise law govern
ing this phase of the liquor question.
j. frequently violated despite all thnt
The officials do, anu will never be
fully respected nor entirely obeyed, In
asg ,pinien.'
the law should be modified he con-
tinued lit should be changed and not
be made SO drastic. In my opinion 1t
IS ud1air 10 saloonmen."
Nevius Corroborates Foster.
Judge Fosters remarks were eorrob-
grated by Prosecutor Neyius. who de-
clared that he doubted if twenty-three
men could be found in Monmouth
County who would form a grand jury
to return Indictments against violators
of the law.
ion that there should be no prosecution
of hotel proprietors who serve drinks in
their dining-rooms when meals are or
dered, but could not be made to say
that he had ordered his force of
eighteen detectives to disregard din
ing-room' violations.
In his testimony in regard to the
methods he pursued in granting
liappcaS Iu1Oe TpgtaP caf1 fbat whom
application for renewal OF a license was
laid before him he Immediately asked
if there were any objections. II not,
unless he had received information ad-
vising the contrary, he would grant it.
Nevertheless" said he. Il do moi
pass upon the necessity of a saloon.
do not think a saloon is necessary il
Il country community. Their proper
place. in my opinion, Is only in large
city If I had my own way and abso-
lutte control of the law, / wouldn't
grant a saloon license In Monmouth
county. | believe that the sale OF
liquor can be decently handled in 9
restaurant where people of respecta-
bility congregate."
Concerning Mortgaged Hotels
The judge did not mention names,
Of the granting OF licenses to hotel men
who did not own their own property OF
who were burdened with heavy mort
cages.
Il believe that a hotel man mort
gagged should be restricted to q certain
amount If he Is granted license" he
said.
Attorney Peter Baclsus, counsel to the
-fo-ef &I.t- u
there were any breweries in control OF
Monmouth county saloons. Judge Eos
ter replied. ives, no doubt, there are.
but he had ) accurate information.
When ASH 7 by Mr.. Backus IL the
licensees had any working agreement
with the court giving them the privi-
lege to serve liquor with meals on Sun
day, Judge Foster emphatically replied:
THE licensees have one understanding
with me, and that is If they violate
their license In any way the same will
be revoked by me without argument"
Henry NJ Nevius, prosecutor of Mon
mouth county. In his testimony, under
severe cross-examination. admitted that
his statements were not founded upon
his general experience as a prosecutor
with the grand jury, but upon three
instances when he did not have suf-
ficient evidence to make the occasion
for true bill of indictment. The
prosecutor, IN answer to Mr.. Appleby's IS
examination, said that no grand jury
since he has been prosecutor had failed
to bring in an indictment when there
was sufficient evidence to work upon.
During his preliminary examination
this witness volunteered the informa-
tion that he did not look for any par
ticular violations unless they had been
called to his attention. He said: "The
greatest trouble we have is with the
speakeasies. In order to wipe them out
and prevent other violations of the ex-
else law my office has had employed al
summer eighteen detectives, who make
weekly trips throughout the country.
Conditions on the shore can only be
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