New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-14
TEN THOUSAND LIQUOR SUITS.

TEN THOUSAND LIQUOR SUITS.
In the Spring of 1857 an act was passed estab-
fishing Board Of Excise in this city, and Robert
D. Holmes, William j. Haskell aud John Kerr
were appointed Commissioners. Their duties were
very plain To sit daily for not more than fifty days
in each year. for the purpose of granting licenses
to cell sprituous liquors to all properly qualified aP
plicants. For a time business was very slow.
Nearly everybody thought, or pretended to think,
that the law was unconstitutional while perhaps
not single individual dreamed that it would be
carried out if ever so just and legal Rum rules
Ney.York. and will not be put down in hurry.
The Commissioners were to have SO per day each;
and to increase this compensation, their first dodge
was to extend their fifty days under this or that
pretext until they sat en- permansnee. Still the
business was dull, and neither money nor other
profits were made. Not one in hundred of the
rum-sellers came near the Board, and the Liquor
Dealers Association openly recommended that no
regard should be paid to it, at the same time raising
or promising ample means for the defense of such
unlicensed sellers as might be prosecuted. For two
years the Commissioners sat at the receipt of Gus
tom which came not illegal liquor selling went on
as usual, and neither fame nor lucre came from
their solemn incubation.
But about year ago two of the Commissioners
made grand discovery. Messrs. Holmes and
Haskell, who are said to be lawyers suddenly per-
ceved that the act under which they were holding
Office provided for the punishment Of all who sold
liquor without license. True, the duty of prose-
cutting lies with the District-Attorney; but the law
gives any citizen the right to make complaint; and
the Commissioners are empowered to prosecute in
the case of forfeited bonds. But as there were
only score or two of licenses granted, there was
nothing to gain in that direction; SO Holmes and
Haskell made bold stroke. They formed an aui-
ance against Kerr, and by their two votes made
Holmes the Counsel to the Board, and resolved to
give the vast army of unlicensed hquor.sellers
taste of the law. Holmes Immediately appointed
his partner, one McKeag, as prosecuting attorney
and within few weeks ten thousand two hundred
and four suits were brought against as many parties
for violation of the Excise law. At frat blush,
although it came suspciously late, this looked like
most commendable zeal in the enforcement of the
statute; but the rapid compromise, dismissal and
withdrawal of the suits raised suspicion as to the
real motive. The Supervisors first stredthe subject
by asking for information; and in reply Holmes and
Haskell sent long special plea intended to excul-
pate themselves from bame and mOdestly suggest
ing that they ought to have help at the peoples
expense. In this special plea, Holmes admitted
that l0,204 suits had been commenced, of which
435 hadbeen discontinued on payment of costs, or in
which default had been opened; and that the costs
in these ABS averaged 50 each-making S3,9l5,
all of which had been received by McKeag the At
torney. Considering that the suits were began
only eight or nine months ago. this may be called
pretty fair wages. In reply to the Supervisors de-
mand for names, dates and figures, the Commits
sioners declined to send in the cord, as it would
involve too much labor.
These proceedings attracted the attention of the
Legislature, and on the 18th ult the Senate adopted
resolution to inquire into the dOings of the Com
missioners and to learn, if possible, why such an
insignificant number of licenses had been granted
last year. BY the initiation Of their recent suits,
the Commissioners prove that there are more than
TO- 900 liquor sellers in New York; number which,
at the minimum price for license, ought to pay to
lIcusulg poVVJVVV yCs snO sotoi ihSohio
from the Board in 1853 was only 81, l6O, nearly
all of which must have been paid back to the Com
mssioners TO satisfy their claim of % per day
In anticipation of the Senatorial inquiry, and for
the purpose of extending its range, Mr.. Kerr, the
Commissioner shouldered out by Holmes and Has
kett has exposed the whole scheme, by virtue of
which there is pendnga mass Of law suits nearly
equal to all the private litigation Of the State in
which the costs alone must reach over half million
of dollars, while the suits, if allowed to take the
usual course must swamp all the other business of
the courts. Mr. Kerr says that Haskell and Holmes
have practically created new legal department, in
addition to that of the District Attorney, who has
now several hundred liquor suits on hand, which,
for want of time and force, the Courts say they are
unable TO deal with.
1t appears that Holmes and Haskell have entered
upon this course of proceeding for the sake of the
busiress it will throw into the hands Of the legal
profession, rather than from any real desire TO on.
force the law We doubt, were there not fees,
costs, and perqusites in prospect, if these Com.
missOnep would ever have discovered that they
were public prosecutors, or would have cared