The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1911-01-24

On Thursday Judge Horner refused tc
grant license to John Forbes, who had
applied to reopen his Water street saloon.
The Judges opinion was as follows:
The applicant fled at the December Term,
1910. petition in regular form praying for the
Water street, Mount Holly. The petition was
signed by the requisite number of freeholders
As against this petition remonstrance
filed and afterwards a supp Elemental remon-
STRANGE, which presented to the Court the ques-
ton of the fitness of the applicant to have a
license and the necessity of the place for the
accommodation and convenience of the public.
By the records of the Court it appears that for
several years prior to January, 1910, the appli-
cant had license. AT the December Term,
1909 he fled application against which a
remonstrance was fled and before the matter
came to hearing the application with
drawn
Considerable testimony was presented and
the case ably argued by counsel.
the main consists of the Evidence of AGENTS of
the law and order league of N. J.. iwho in
November and December of 1909 visited the
place of the applicant and there observed and
participated in various violations of the law
Their testimony is denied by the applicant in
toto and other testimony presented tending to
1mpeach tie testimony OF these agents; but
certain of the testimony of the applicants
witnesses confirm and corroborate the testi-
mony of the law and order agents.
After carefully reviewing the entire testi-
mony the Court reluctantly reaches the con-
clusion that there was proof of violation of law
by the applicant while he was enjoying a
license granted by this Court No other CON
clusion Is possible, as the proof is overwhelm-
ing. This is not based alone upon the unsup-
ported evidence of the law and order agents
because on some points. before stated, their
testimony is confirmed by the testimony of
witnesses produced in behalf of the applicant
In addition to this in the year 1908 the Court
was, in an informal but nevertheless convinc-
ing way, advised the way and manner this
place was then conducted by the applicant and
in accordance with custom the
advised of these conditions and cautioned to
desist and advised and warned that if proof
was presented of repetitions he could not ex-
pect to have his license renewed or continued
1t is worthy of note thas as this memoranda is
prepared and as there is before the Court side
by side, the testimony of the law and order
agents as presented in the case and the inform
al report made to the Court in 1908, that there
should be such marked similarity.
Supplementing the petition of the applicant
there were two other petitions numerously
signed, one by residents of Water treet and
the other by people OF standing in the com
munity, presented to the Court, recommending
the granting of the license. 1t is believed BY
the Court that their petitions were signed, in
the main, out of personal regard or sympathy
for the applicant who has been long resident
of Mount Holly and by his pleasant demeanor
and obliging way, made many friends. If this
was personal matter the Court would with
out hesitation, accept the endorsement of these
reputable citizens and defer to their apparent
wishes, but it is believed and is fact that these
petitions were signed before the testimony was
taken and while the petitioners had little if
any knowledge of the proofs presented or the
facts laid before the Court. Matters of this
kind must be decided, not upon the within or
personal inclination Of the Judge, but upon the
facts as presented under oath and law.
Accordingly for the reasons allowed stated
the license is refused. Any other action. in
consideration of the proofs, would deservediy
subject the Court, to its own public contempt
in view of the oft repeated declarations of the
Court as to the way and manner in which
holders of licenses should conduct their places
1t is not necessary, at this time, to pass upon
the question of the necessity of the place.
JOHN G. HORNER
Iildere