The Bridgeport evening farmer., 1911-01-25
MANDAMUS is
 SOUGHT FOR
 COMMISSIONERS
International Silver Com. pany Alleges Unlawful Transfer of Dunn
 schat License

The International Silver Go. through States Attorney Stiles Jud- son, has instituted, in Civil Superior court, mandamus proceedings against the County Commissioners, Whitman s. Mead of Greenwich, Simeon Pease of Fairfield and John Brophy of Ridgefeld, enjoining them to hold hearing upon the application of Chas. Dunschat for a transfer of his li- cense from sos State street to 3S3 Bun nell street, and on the remonstrance against the transfer by the Interna- tional Silver Co.,, and others. The pe- titioners ask for the hearing before February 5.
 The Commissioners on Dec. 23, 1910, granted the transfer to Dumschat. Now the petitioners want the hearing re-opened.
 The petition filed with the clerk of the Superior court states that Dun1s- chat made application for his transfer on Dec. 9, 1910. That on the 23rd of the month Commissioners Pease and Brophy, in the absence of Commis- sioner Mead, granted the transfer, though a remonstrance had been filed with the Board against the applica ton, on the ground that the place was unsuitable, being a manufactur- ing and residential section. The pe-
 
 unsuitable for saloon, as there are two other saloons on opposite corners, Bunnell and Williston street, that the petition of John J. Burns of 750 Rail- road avenue who made application to transfer to the same place was de- nied by the Comm ssioners as the place was unsuitable, and that the ap- plication of Richard Lombard for his Bulls Head license to be transferred to 1532 Seaview avenue, one block from the present location, though al- lowed by the Commissioners, was va cated by the Superior court, to which tribunal an appeal was taken, on the ground that the locality was both manufacturing and resident al district
 The petition states that "Commis- sioners Pease and Brophy. with Knowledge of the ruling of the Su- perior court, with knowledge of the prior decisions by the board that To- cation was unsuita ble. without inves> tigation of any kind, and without waiting a reasonable time for the ar- rival of Commissioner Mead, attempt ed ito exercise powers and discretion vested in the board of county com missioners and without authority from that board endorsed upon the license a permit to make a transfer.
 "Commissioners Pease and Brophy in attemDting to exercise discretion and powers of the board of county 2 ser1isisonets acted illegally, arbi- trarily and in disregard of the rights ot the International Silver Co. and other manufacturers and proper y owners of that vicinity, and that the acts of Commissioners Pease and Brophy were void and of no effect D
 The petitioners furth 1T state that they made application for rehear ing to the commissioners on the ground that the premises at 383 Bunne1 street were also occupied as 2, dwelling house and therefore against the statutes of the state. These facts they cltim were shown to the commissioners but they refused to grant a re-hearfng.
 Attorney David s. Day, who is the counsel for the International Silver Co, was given an opportunity by the county commissioners to show on what legad grounds the case could be reopened. The hearing was held at which were present, Attorney Day. Attorney F. A. Bartlett, counsel for the applicant, and the county commis- sioners with their counsel, Attorney ames A. Marr. The commissioner on the advice of Attorney Marr con- cluded that there was no legal ground on which to open the case and re- fused to do so.
 When questioned concerning the matter, the county commissioners to- day stated that at the present time they did not care to say ;~cything in regard to the matter.