New-York tribune., 1874-12-04
TIE LIQUOR DEALERS VAR.

sIGISMgND sCHwAB ADMITTED TO BAU-PR0P0SED
DISPOSITION or SIMILAR CASES.
The decision of Judge DOnOhue, upon mo-
on made a few days ago before him, in Supreme Court,
Chambers. for the release upon bail of siglsmund
scuwab the LIQUOR dealer convicted OF doing business
without license pending review OF the proceedings.
was given yesterday granting the motion. The import
ant points in the opinion as follows:
The defendant In this has been convicted OF the
ofienses OF selling liquor without license and
fenced by the Court before which he was tried 10 90
days imprisonment and fine Of $500 On that sentence
the Court as understand ITS language, while taking
the view that the conviction was clear, made the sen
had been testing his legal rights.
The prisoner to review that conviction and
nrs. and that in the meantime he be admitted % bail
Tho power OF the Court both stay the proceedings
and TO admit to bail is not denied
The only point raised by the Attorney Is that
under the discretion vested in the Court this power
should not be exercised In favor OF this prisoner and
he presses this strongly on the ground nat others are
violating the law, and II they think they can escape
punishment the law Will be violated with mpunty: this
act is not new act the oiiense Is not oiense.
and that the want Of its prior enforcement does not fall
on the prisoner as o., new, new oienSe' HIS
concerned, Is precisely as the law
bad Just been passed. ana It does not seem to
should be refused. Nor does it to me that he
should be deprived OF stay because Others who
violating the law and who eau be reached. tried and
punished, will be encouraged by his act
think the prisoner should be admitted to bail in the
In regard the disposition OF the cases Of
a similar nature to that OF Schwab Assistant District
Attorney Rollins said that ho had ready for
trial. He said that the connection OF Schwab showed
that the Excise law law for all, and showed what
an immediate effect II had had All except one OF
those whose had been placed upon the calendar
had taken out licenses since the decision rendered
He had therefore felt that nOle prosequi might en-
tered In such cases. But he had heard that
some counsel still advised tho liquor dealers
that the law might be successfully contested,
and In view OF this new defiance OF tho
law. ho would move for trial the Of all persons
who still attempted to evade It, Judge Barrett said IL
would be some hat nconvcnient to turn the Court
"a mere collection bureau, but the suggestion not
intended TO hinder In any way the operations OF the
District Attorney. Mr. Rollins said it intended
prosecute every dealer who had not taken out license
there would probably be number Of them before the
Court tomorrow.
CONFERENCE WITH THE EXCISE COMMISSION.
The German saloon keepers held spirited meeting at
the Germana Assembly Rooms yesterday afternoon.
The President opening the meeting denied truth
OF the statement made by the In court
that tho saloon keepers had passed resolution
take out any licenses After long discussion resolr.
ton was finally passed 10 appoint committee confer
with the Excise Commissioners and request them TO
allow the saloon keepers reasonable time 10 take out
licenses and 10 Impose reasonable fee The committee
composed of Messrs Sauer, Nachtmann Uase Aschen
bach, Frickc, and Yung meeting will DO held next
Monday To hear It's report.
The delegation called upon the Board OF Excise in the
afternoon. Geo. W. Sauer spoke earnestly upon the ue-
cossy OF reducing the prices OF lower grades OF
licenses. Tho Excise Board favored % lower rate for
licenses In some cascs and said that by May next
considerable reduction In the prices might be expected