The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-12

m. n Tf y. I.l-YI - - 49,
lsc 10 make the sss.smeas ray the tolls, and perform
The other duties Imposed upon them BY ne prcvhons o.
,bs sss sha fsrisK V Ne people q his ass ier every
Is and n every case o such forfeiture
rban be the duty CT the Attorney General 70 sue for ana
collect he same by An action a. 'sw IN the name OF ne
SO All sets and parts Of acts inconsistent with tnis
act are hereby repealed. :. 49, 49,
early day, With large vote Such, at least seems
he the INDIGESTION today. Pro Rata, imagine, win be
viii be- amended BY The senate and sent down 70 the
Hoose loo late TO be acted upon by that body.
PTogrefs was reported on the New York Ts1 Levy bin
in the Senate and made the special order for next
Tuesday. The Divorce bill was ordered to third reading
The Assembly passed number Of bills, mostly Of
construction OF railroad westcheser county through
West Farms and other towns in that county
prsseptDg petitions reports Of Committees and introducing
bills nuInber Of circumstances presented against
the ps sage Of the Senate Omnibus Railroad bill. V
suggested by number Of tie members that the names IN
The bill be stricken out and that the New York CITY d.
rsctory for 1850 be inserted instead.
Mr.. Cal icct introduced abl 10 retalate the law
IN force in Phiadepha taxing New York merchants that
wit that city with samples Of goods Mr. Calhcos bill
provides that shall not be lawful for any person per-
SONS 10 sell within the city and county Of New York; or
whhn the city Of Brooklyn, by sample card, or other
specimen, any goods merchandise OF any description
acurcr or other person not having principal place
bueiness within this StAte and 70 whom LICENSE has not
been granted pnder this act and any person sha se on
or exhibit for SALE either by sample, card or otherwise,
in cities Of Ne York and Brooklyn any goods
chandse In violation Of this act such person offending
livery offence Section provides that license may be
granted by the said parties paying into the State treasury
the sum Of three hundred dollars said license 70 be good
ore year.
ONE OF TIE RICH PLACERS OF THE CITY.
THE CHARGES PRESENTED TO THE SENATE AGAINST
THE EXCISE COMMISSIONERS.
+ TIE Hov TrxS xyArE ON NEW YoIK.-
The undersigned Of the Commissioners Of Excise in
the city Of New York. having received copy Of the
solution Of investigation adopted by your honorable body
directing inquiry regard 10 the proceedings Of the said
Commissioners, deems bis duty to lay before you this
statement Of facts to the end that the investigation
question may take wider range than was contemplated
IN the original resolution.
The main part portion Of this communication was pre-
pared to be sent to the Board Of Supervisors the
~ Of New York, IN answer to resolution OF inquiry
adopted by that Board but your body possessed OF
the power, in which the Supervisors deficient, 10
majority Of said Commissioners, and herein Get FORTH
il deemed more useful and appropriate 70 transmit the
% . p
year the majority Of taid Commissioner Aes.rs Robert
D Holmes and william Jay Haskell, have
The Board; that they have commenced over
It 0 actions In the Court Of Common Peas Of said city
mars Of litigation nes1y equal 70 s ii he pVsse ss
cp Of the entire STATE involving In the ultimate taxable
cost. alone over one million Of dollars and % vast IN ss
course on the calendars, and pssnss.d 70 continue VIII
IS arst whom they are dire oacuaed 70 produce no
public benefit 10 eubserve any other end than the
me resolution Of the Board Of Supervisors Of Tie city Of
New York. TO which have referred, inquired - 10 "the
g sus wncn "a 9aFs been con Snr @
1888 and the number Of such cases which have bean
discontinued or compromised; the amount received IN
amount such receipts which has been paid 70 the county
treasury"
10 answer 10 this commune alton the dominant members
Of the Excise Board Messrs. Robert D. Holmes and VIM
lay Haske the Alb Of February last sent elaborate
communication TO the Board Of Supervisors in which the
litigation referred TO set forth the ground
for the demand for increased compensation and defence
Of the proceedings Of the said controlling members was
The undersigned cannot take the same view Of the bust
OF said commission as given by his said colleagues
NIT TO your honorable body the following statement
about three years ago the Board Of Commissioners Of
s1oe, n mt OF sad VIM Jaw Hs.Sett sna Robert
Holmes (boh members of the legal proession) and the
undersigned mot mani put on more espec
ally TO represent the cxens likely to be affected by the
operations Of said Board.
The city Of New York has repeatedly shown itself op
ana every occasion when this question has been
brought before the citizens OF New York, overwhem
legislation Of this kind. An experience proves that laws
opposed to the popular sentiment win great difficulty
10 moral offence has Sesn COM and nus q
pie dangerous 70 the supremacy Of al Law is forced upon
Inc Excise law, which the present Board Of Commits.
soDere was appointed to carry out, in ts nature almost
Probibc,y-is provisions being such, that strictly sn
a d Ss'1 no licenses could be oSs.nsd a. all
.en,imen, p stands rs much opposed Az though
the prohibition were entirely absolute perhaps more Wig
S.14oS out. few wealthy monopos IN
lieu Of The many thousands who have their capital invest
ed in the business, and pursue under the influence Of
In my Judgment the object of excise laws should be to
establsh supervision over the purity and hcathfaness
Of the articles sod and 70 conne the trade to the hands
Of responsible abiding men, who shall, TO the
tent Of their ability that abuse practced against
ne OF ns mar. WIZ SS 'n so
snd commend themselves 70 the respect and support Of
the people But when prevented from these legitimate
aims, either 10 create mouopoles il the hands Of few
favored Sellers 70 make virtuous under stress Of
legislation to prohibit the people from what the i
and must prove failures and no machinery q law can be
devised strong enoughto execute them in the midst Of
hostile communities.
AS 10 the operations Of the Board 10 this city theunder
signed differs utterly from the views taken thereof by hR
colleagues and besves that ne show TO your honor
sihout parallel IN the history Of any free community 10
der explain the Acte which he bases this belief,
viii be nscenary % recall certain transactions in the
During the years 1857 and 1885, the two first years ser
The creation Of he Board under the appointments made by
Recorder Of this city, The Chief Justice Of The Superior
Court md the sst Judge Of the Common Peas but one
suit conmenced u this city for violation Of he
r1ce law under which this Board has been created and
suit was commenced on the complaint Of private
Individual This prosecuted 70 judgment before
jury but the sheriff failed TO ooec anything under the
Execution.
II ives DO. until about April last that Light broke
CT tie two members Of The Board forming majority
supposed nature and extent Of their powers and
,beD against the protest Of The undersgned Meesrs VIM
Jay HAtkett and Robert D. Holmes passed resolution
pointing the said latter named Robert D. Homes Curn-
The Board and comforting on him alone powers -
such council 70 commence q many suits - might unto
McKesg attorney. This opened up TO Mr.. Holmes an
Unlimited field or Etgaton with costa 70 the attorney 70
De prosecuted the extent Of his activity The under
signed protested against this assumption Of more than