East End Ex-Service Men's Ass'n Liquor License Case

Disenting Opinion by

Ross, J.:

I would affirm the order of the court below.

The trial judge found the “facts to be otherwise” than found by the board. In my opinion, this is just as specific as a finding that “the licensee did not refill State Store liquor bottles, did not sell liquor to nonmembers, did not sell between the hours of 3:00 A. M. and 7:00 A. M.”

The burden of proving the alleged violations of law was upon the board and the court concluded the burden had not been met. The factual issues were for the court who saw and heard the witnesses. East Side Democratic Club Liquor License Case,…