The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1910-01-18
The Martin License Refused.

The Martin License Refused.
When court opened on Friday morning
: Judge Horner announced that he had d.
termined to refuse the application G
James Martin for renewal OF his licens
to keep hotel in Mount Holly. This wa
the case that was demonstrated against b
the Law and Order Society. There wa
considerable surprise at the decision of tn
court, but Judge Horner, in an extende,
opinion, gave his reasons for his action
He filed his opinion in the clerks Office
and it is given in full as follows:
THE applicant, James Martin, has pre-
sented to the court an application, in du
form, for license to keep an inn ant
tavern; the application appears to b.
signed by the requisite number of free
holders recommending the granting of tn,
license.
''As against this remonstrance is flee
charging violations of the law. and tina
the inn and tavern was not necessary.
Upon proofs taken, it appears that the
applicant is the owner of the property
which is of considerable value, and has
for number of years In connection with
his father, now deceased, and on his OWE
account conducted the business Neigh
bors and reputable travellers have ap-
peared and testified as to the general good
conduct of the place. In behalf of the
remonstrants proof was offered to show
the sale of liquor in quantities of more
than one quart at single sale and to In
toxicated persons.
Whether person is intoxicated or not
seems to depend very largely upon the
viewpoint of the observer, and on this
phase the testimony is quite conflicting.
As to the sale of liquor in larger quantities
than one quart at single sale, there was
evidence of sales. The proprietor and his
bartender enter specific denial of some of
the sales, and general denial as to the
others, but upon review of the whole
testimony and after mature deliberation
the Court is of the opinion that the re-
monstrants have, by preponderance of
PAOOA oA0 OCJOA0 q ACooOA0OAO 0OQOty
proven this charge.
''The applicant had enjoyed license
for several years, and certainly knew that
he had no legal right to sell In quantities
of more than a quart 1t has been the
practice of the Court for some time past
to impress upon license holders the fact
that SO long as they obeyed the law and
the surrounding conditions did not mater
tally change. the license would from time
to time. be renewed; but they have been
expressly charged that license would be
refused or revoked if violation of the
law was shown. To suspend the enforce
ment of these oft repeated declarations,
at this or any time would make the dictum
of the Court farce and subject the Court
to the contempt of not only the people of
the community but of the license holders
as well.
I'm this respect it may not be amiss to
say that the Court has received the I'M
solicited testimonials of number of re-
putable citizens and neighbors, as to the
worth of the applicant and the manner
and way in which he has conducted the
public house, but these well-meaning citi-
zens overlook the important fact that
the license holders enjoy special privileges
and are required to observe the law, and
also overlook the fact that the Court, in
passing upon these matters, is guided by
the same rules of law and evidence, act
ing upon the same oath of Office, and the
same ideas of fidelity to duty as it is in
passing upon controversies between citi-
zens or in actions brou ght by the State
against citizens, and while a refusal of
the license may be pecuniary hardship
to the applicant. yet the refusal is not
brought about by the caprice of the Court
but by the overt acts of the applicant.
Nor may it be amiss in this respect to
say that there seems to be peculiar pub
lie opinion somewhat existent as to the
obligation of an oath, and the penalty for
disrega riding it is these kinds of cases. 1t
is beyond comprehension that reputable
citizens will countenance directly or in
directly absolute and downright perjury
in cases involving the sale of liquor, when
as matter of fact and law, perjury in
these cases is just as much violation of
the laws of God and man as In any other
case, and should subject the offender to
the same punishment and to the same pub
lie and private disgrace as would perjury
in any other matter
"The result of these findings, as is evil
dent, leads to the refusal of the license,
and such is the order of the court"