Five Mile Beach weekly journal., 1914-05-22
wide License Refused

following opinion:
This is an application of Henry
Witte, owner Of Hotel Adelphi-W itte,
for a license to sell spirituors, vinous
and brewed liquors In quantities OF less
than one quart in the said hotel. which
is situated In what was originally the
Borough of Wildwood and what, for
the present purpose, the court will des-
ignate as Wildwood proper. The mat
ter came on for hearing on Wednesday,
May 9th, at which time testimony was
taken. The hearing vas continued for
one week and on that date was contin-
ued for another week pending an In
vestigation OF the merits OF the case by
the court.
From the evidence produced at the
hearing and from facts obtained from
q personal investigation of the matter
Us well as a personal visit to the prem
Uses, the court views the Ease as follows:
On the part of the applicant, 1t is al
legged that the hotel in question Is to be
a first class house In all its appoint
ments; that 1t Is the only first class
hotel on the Five Mile Beach; that a
first class hotel is a necessity In Wild
wood and that a necessary part of a
firstsclass hotel Is its right to serve its
guests with intoxicating liquors. 1t Is
further alleged that the right to main
tain a bar Is not sought but that what
is popularity called a sideboard OF cafe
license is all that is asked. And fur
ther that to refuse this license would
be an announcement on the part of the
court to the world that this territory
would be dry and hence the building
OF large hotels In Wildwood would be
prevented.
On the part of the remonstrants 1t is
maintained that no necessity for the
license exists; that Wild wood proper
is and always has been free from the
sale of intoxicating liquors; that a
large part of the property in that sec.
tion was purchased with that under
standing; that the hotel Is located In
the best residential section Of Wild
wood and that a license granted to it
would not only be detrimental to the
morals Of the community but would
depreciate property values as well.
At the very outset the court desires
to make two observations regarding
the question vt issue. In the first
place we think that 1t cannot be dis
puted that there Is much more In
volved than the mere granting or re-
fusing to grant q license to the par
ticular applicant. The case raises the
much broader question of whether
territory heretofore claimed to be and
maintained az dry territory shall re-
main dry II whether the door shall be
opened for the granting of licenses
therein al they are on the other parts
of the beach.
In the second place the application
must be viewed as a regular inn and
tavern license carrying with 1t the
privilege Of selling Intoxicating drinks
in any lawful manner. There are but
two kinds of licenses known to our
law, wholesale and retail and any re-
strictions placed upon the applicant
by the court could not be enforced dur
ing the continuance OF the time for
which the license Is granted. 1t ia
true that for q breach Of any condition
attempted to be imposed the court
might refuse to renew but information
concerning such a breach would come
to the court reluctantly would I'M
doubtedly be disputed and the remedy
ineffective. Such conditions imposed
with respect to any license, the court
feels, would be but temporary in char
acter. This is said without any in
tention to reflect upon the integrity Of
the present applicant for no man
could come to this court more highly
recommended than he, but what the
court considers would be a most nat
ural result In all such cases.
There is no doubt but that both the
residents of Wildwood and the travel
ing public have ample opportunity to
slake their thirst, for there are at the
present time In the city thirteen retail
and two wholesale licenses. The only
ground on which the present appli-
cant, 1t seems to the court, can stand
is the fact that his house is of such
character as to entitle him to the priv
ilege for which he asks.
After a careful consideration of all
the facts aud circumstances of the Ease
the court feels amply justified In re-
fusing 10 grant the license. 1t is true
that the house In question is of a
higher class than most of the other