Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1909-04-01
NEWKIRK WENTZ
REFUSED LICENSE.

NAAoOi ioduluS al EXHAUSTIVE opinion
concerning the entire matter in an i'm
partial, forceful and judicial manner,
Judge Royal P. Tuller this morning
denied Newkirk Wentz a license to
keep an inn and tavern at Greenwich
Piers.
In concluding his opinion Judge
Tuller says:
After a careful consideration of
the testimony for and against the ap-
pi1cation 1 am forced to the conclusion
that the applicant has not sufficiently
borne the burden cast upon him, and 1
md as fact that he has violated the
law in continuously selling, or permit
ting to be sold, in his hotel, intoxica-
ting liquor in excess of that permitted
by his license; in permitting the sale
OF intoxicants to drunkards and to
men visibly under the influence of
liquor; and in encouraging tippling
and drunkenness by treating his
patrons and offering attractions not
permitted by his license to increase
his patronage. The result is that this
application for a license to keep an
inn and tavern in the Township of
Greenwich must be refused.
Judge Tuller's opinion had been
very carefully prepared and met every
suggestion that had been made in the
case. He went over the entire story of
the now somewhat celebrated case
| and says Every man however, who
approaches the Court for the granting
| of privilege which permits his in
| vestment in a business, subject to pub
| lie regulations agrees by the act to
place himself within the pale of these
regulations and in consequence makes
himself subject to the Judgment of the
court to which he must apply for a
continuance of the privilege. That
his is merely privilege is well
| settled.
Judge Tuller then quotes from au-
thorities showing that alcoholic stimu-
lants are recognized as property and
emit ed to the protection Of thu law,
but he also quoted authorities showing
that it is a settled principle that every
organized community has right to
see that the owners titles to this prep
erty shall not work injury to the
equal enjoyment and safety of others.
The Court then says:
'This application then resolves itself
into a question whether the applicant
has, under the permission heretofore
granted him, so used his property as
to conform to the police regulations in
such manner as not to deprive others
of the equal enjoyment of their prop
erty nor make that use injurious to
the community
Judge Tuller touches the suggestion
that the verdict in the disorderly case
against Wentz has any influence in
the matter of this application fo1
license. The criminal case does not
make Wentz liable for the action OF
his agents unless the jury is sat isfeo
beyond a reasonable doubt that these
acts are done with his knowledge OF
consent. In civil matters the rule Of
the law is just the reverse. Civily the
principal is responsible for every act
of his agent.
Judge Tuller does not infer that Mr..
Wentz is not a temperate man. Or
the contrary he thinks it is shown that
he is total abstainer, but as to wha1
occurs at his house, he must be re-
sponsible The Court as follows re-
viewed the testimony of the remon
strants:
Frank Pugh. the father of Mrs.
| Wilson, was person of intemperate
habits, and was on Friday nights ano
, Saturdays, frequenter of the bar in
the Greenwich Hotel; his daughter
was often compelled to go to the hotel
to bring her father away when he was
in an intoxicated condition, and or
two separate occasions she knew of his
having purchased of Mr.. Hustled al
the bar what is called quart of whis
key while he was in. an intoxicated
condition. She further test ities that
on one occasion last spring she saw
one of the oystermen make twelve
| trips to the hotel during one Saturday
morning; that when he first went
there he was sober and when he re-
turned the twelfth time he was in
such an intoxicated condition as to
cause him to reel and stagger. The
testimony of William Sloan is to the
effect that he purchased six bottles of
beer OF David Warren in the kitchen of
the hotel in May or June of 1908; that
Alfred Leonard bought five bottles at
one time and eight bottles at another
time of the barkeeper, Mr.. Hustled.
Harriet Schillingsberg bought three
BOTTLES Of haar of 1oast ouca q xuaak