The Bridgeport evening farmer., 1909-03-02
FRANK IZZO ESCAPES PERJURY PENALTY BY
 DEFECT IN OATH HE TOOK
States Attorney Finds Oath Administered by County Commissioners Not Oath Re-
 quired by O'Brien Law.
Therefore He Nolles Charge Against Accused Saloon Keeper Who Then Gets Iicense-Defective Obligation . Drawn by Attorney General Holcomb Who Will Be
 Asked to Try Again.

A big hole has been discovered in the form of oath which the County Commissioners have been administer ing to applicants for liquor licenses. and the County Commissioners throughout the State are confused over the matter to such an extent that they are considering modifying the oath so that it will comply with the present law The condition which has arisen as a result of the action or States Attorney Judson in nolling the charge of perjury against Frank 1zzo of this city may result in an appeal being taken to the present term of the General Assembly in order to have the statutes regulating the manner of making application for liquor licenses changed. These laws were introduced at the 1907 session of the Legislature by M. E. IOBrien Of this city, and now of Washington, ID. C.
 Attorney Henry GreenStein, counsel for Izzo, the alleged perjurer, d1scov- cred the flaw in the oath of the County Commissioners and IZzo who appeared to have prison staring him in the face a. few weeks ago is now free man and the County Commissioners have granted license to Izzo to sell H- quors at 139 Willard street, despite the fact that the Law Enforcement So- ciety, through its counsel, Judge Mich olson, filed a remonstrance against
 
 able person in view of his being bound over to the Superior court iby the City court for perjury claimed to have been committed in the oath that he took when he applied for the license.
 Frank Izzo, a native of Italy and a resident of this city for sixteen years. had been engaged in the saloon bus1- ness at 146 Hallett street up to last summer when he sold his place of bus mess and applied for a new license at 139 Willard street.
 In making the oath attached to the hcense application Izzo took oath that place While the application was pending 1t came to light that he was not the bona fide owner. The Law Endorsement Society applied at once with perjury. In the City court no evidence was offered in defense of the prisoner and probable cause being found by the court the accused was bound over to the December term of the Superior court under bonds of $500. Before trial Attorney Greenstein en- tered a demurrer on the ground that the oath on the application of the fornity with the oath required by Sec ton 5, Chapter 265 of the General Statutes passed in 1907, and ostensibly termed 'the O'Brien Law.'
 with Attorney Greenstein relative to the demurrer and he entered a nolle. He agreed with the prisoners counsel there was no infraction of the law. The oath on the application is not the oath required by the statutes.
 The County Commissioners who were watching the outcome of the IZZo case were startled when they learned what had happened and could hardly believe the situation to be so. The oath on the application was drafted by Attor- ney General Holconb and they will to the Attorney General and request that he draft new form of oath to conform with the statutes.
 In the meantime the County Com missioners are obliged to continue is- suing the old applications for want of a better mode.
 After a warrant was issued for Izzo the Law Enforcement Society entered a remonstrance against his receiving q license, but after taking into con- the big hole in the law and the record Of Izzo, which showed he had never violated the liquor laws, or even been arrested on any charge, the County Commissioners last Friday de-