The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-08-25
People Will Get Liquor Anyway,
Declares Head OF the Resorts
Excise Commission.
STATE BOARDS LEGAL
EXISTENCE ATTACKED
Lawyer Patterson Disputes 1t on
TechnicaIity-Chief Smith
Declared Untrustworthy.
Especial to the Evening star.l


Forts excise probers received two dis
tinct shocks today at their second ses-
sion of the inquisition into excise con-
ditions In Monmouth County. The
statement of the president of the local
excise board, that the present law
would never be enforced along the
coast, had hardly been digested, whan
Samuel A. Patterson, a well-known
lawyer, attacked the constitutionality
of the commission, and declared that,
legally, it had no existence.
A third sensation was the statement
by George w. Thompson, president of
tho local excise board, that the local
board could not trust evidence of vio-
lations to Chief OF Police Smith, of AS
bury Park.
"1he Secretary OF State failed to puE-
lish in the pamphlet of legislative enact
ments the joint resolution of the House
and Senate creating the excise COM
mission" declared Mr.. Patterson, who
represents several brewing and bottling
establishments. Hence it cannot legal
ly exist"
"ConditiOns could not b. worse in
Monmouth county, .wss 'r. Thomp-
sons declaration. 1.-THE seacoast never
and never will be. I think liquor IL
censes should be granted"
Afraid to Trust Chief.
Early testimony, when the State eX-
else probers took up again their in
vestigation of local conditions today,
brought out the statement from George
w. Thompson, president OF the Excise
Commission of Asbury Park, that he
and his fellow members were afraid to
trust Chief of Police Smith, of this
city, with evidence they had secured
showing where liquor was being sold
last summer in local hotels, for fear the
chief would Tip off the offenders"
Had you any proof of the chiefs un-
trustworthiness? asked ePter Backes,
counsel for the probers.
NO" said Mr.. Thompson, but the
commission considered the matter and
decided it would not do to tell him OF
the places we were watching"
"How do the conditions now compare
with what they were at the time of
which you were telling?" he was
asked.
Everybody Selling.
T think now," said MIR. Thompson,
''thst practically everybody is selling"
81 wish you would tell me-, Mr..
Thompson," snid Mr.. Baci<es, "whether
you think the sentiment of Asbury Park
mt the present time ts for against
the granting of liquor licenses"
al think II Is favornble."
"What is your hest Judgment, that
licenses would or would not improve
conditions here"
81 think that conditions could not be
any worse than they now within
license. This shore district was never
intended for temperance section, and
never will be. The people who come
here insist upon having liquor, and will
get II one way or anotber.'
Mayor Appleby. of the commission,
cross questioned the witness concerning
the insinuations he had made against
Chief of Police Smith,
did Smith ever refuse TO carry out
your Instructions" was asked.
mo, we never instructed him. We
thought that 1t was his business to get
the evidence, and when he didn't do It
we did. He wanted us to turn over our
evidence, but as | have said. the COM
mission didn't think best to do tnat."
The validity and power of the State
Excise Commission was attacked today
by Counselor Samuel A. Patterson, Of
Asbury Park, representing several bot
tiers and wholesale dealers In liquor,
who contended that inasmuch as the
Secretary of State had failed to publish
In the pamphlet of Legislative enact
ments the Joint resolution of the House
of Assembly and the Senate of New Jer-
sey, creating the Excise Commission,
It's functions were absolutely Illegal and
unsupported by the state, and would
remain so until the Joint resolution in
question was formally published.
Deal Mayor ON the stand.
When William II. Hogancamp, mayor
of the borough of Deal, took the stand
he testified that as far as he could as
certain there were no violations of
excise laws in that municipality. He
was Immediately informed by President
Fisk that liquor was regularly sold on
Sunday by Charles Smith. proprietor
of the Roseld Inn, in Deal, and that the
evidence against him could be placed
in Mayor Hogancamp's possession IL
he would take action and bring the
matter to the attention of the Mon
mouth county grand Jury. He willing
ly consented to do so, and thanked the
commission.
James M. Ralston, mayor of Allen
fcout,uued ou Second Pawc.)