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Show ucisE"ra UTOPIAN GARDENS City Commission Is Unanimous Unani-mous in Voting Against "Soft Drink" Privilege. POLICE GOT WHISKY "Joe" Dinkelspiel Says Chief White Approved of Late Dancing. Unanimously and on one roll call the city commission refused yesterday to renew re-new the "soft drink" license of Joseph Dinkelspiel for the Utopian gardens, formerly for-merly the West Side Automobile club, and revoked his restaurant license for the place. On the witness stand in his own behalf, be-half, Dinkelspiel said that Chief J. Parley Par-ley White had told him after the advent of prohibition that he could see no objection ob-jection to the continuance of dancing at the Utopian gardens beyond midnight to 4 or D o'clock in the morning if the dancers and management were so inclined. in-clined. Asked when Chief White had expressed ex-pressed such opinion, Dinkelspiel said that it was on an occasion in August, when -Chief White and Mrs. White vrere his guests at dinner at tlie roadhousc. He explained that the chief regarded dancing as rendered harmless by the advent of prohibition. Again Dinkelspiel testified that when he heard last fall of the denial of his license he sought explanation of Mayor Ferry-"He Ferry-"He said to me," testified the proprietor of the roadhousc: " 'Joe. I wasn't at that meeting when your application for a license li-cense was tabled. I was out of the city. But don't be concerned; you'll get your license, Joe.' " Had "Assurances." The road house proprietor insisted that he had not opened up the place until after the injunction placed against it had been dissolved and he had been given assurance that the city was disposed to rest with having discontinuance of operation opera-tion under the old management. Dissolution Dissolu-tion of the court injunction followed transfer of the property. It was at this time that the city commission delayed a.ction on the application of Dinkelspiel for a license, finally granting It after the court had dissolved the injunction. Dhikclspiel declared that he had assurance as-surance of favorable action by the commission com-mission before he ever made application for a license last summer. lie said that he saw Mayor Kerry personally and that emissaries hrbught him assurance from the other commissioner. "How could one have brought a report re-port from me. which you say" was not adverse, when no one ever asked me about the matter?" questioned Commissioner Karl A. Seheid. "Well, I am just saying what the report re-port was that I received," answered Dinkelspiel. Scheid Is Insistent. "But how could you have received any sort of report as to how I would stand on the matter when no one ever asked me a.hout it, neither an emissary sent by you nor any one who might have carried car-ried a message to you, not anv one at all?" "Well, he might have just told me without with-out seeing you," was flic final answer of the madhouse proprietor, who refused to divulge any name for his informant. He testified that Commissioner Herman 11. Green had told an emissary that the court Injunction against the place would have to be dissolved before he would consider voting for a license to reopen it. Quietly Commissioner Green asked that the record of his vote be produced on the mailer of Dinkelspiel's original application. ap-plication. Tt was found recorded against the granting of the license. The question .of previous assurance of favorable attitude 011 the part of the commissioners com-missioners was put to Dinkelspiel bv Chief Wilte. It was before Dinkelspiel finished talking along the. precipitated line of his understanding at the time of opening the place that he told of the chief's expressed opinion that dancing might properly continue until morning. He said that his business at the road-house road-house had always been after tho theaters and tho uptown cafes and cabarets closed. Policemen Witnesses. Policemen witnesses were put on the stand to testify to the finding or liquor on the premises, a full pint of whisky a salvaged highball and two empty bottles constituting the exhibits of evi'-dence. evi'-dence. Commissioner C. Clarence Neslen obtained ob-tained from the roadliouse proprietor an admission that his lease, on the property was contingent upon the continuance of his license and that his principal loss would be in depreciation of fixtures if lie should be forced to close. With the conclusion of the hearing Commissioner Scheid orfered a motion that the original a.ction of the commission commis-sion refus:ing renewal of the "soft druik" license for the place be confirmed and the restaurant license he revoked Five ayes greeted the motion. |
