New-York tribune., 1874-11-25
TIE LIQUOR DEALERS DEFEAT.

THE COMBINATION OF UNLICENSED SELLERS DIS
TURDED by TIE CONVICTION OF scHwAD-
ILLICIT LIQUOR TRAFFIC EXPECTED TO DE-.
CREASE.
The Commissioners Of Excise say that they
expected other result than the conviction OF sgs.
mund schwab who was tried Monday for selling
liquor without license, 80 long honest and unprcu
diced jury could be obtained The Court OF Appeals. n
the case be carried higher will be to affirm The
sentence below has already affirmed the cOns;itu
cnaty OF all the clauses Of the Excise law The
Of schwab Is the first one tried a criminal iDdict
ment the Legislature OF 1873 having, by eyi oBt
oversight. LETT it questionable whether the Excise
Commissioners can legally sue for the civil
penalty. The law OF 1873 gives the righs
OF suit for the people in civil pros
ecuton to the Overseers OF the Poor an Office whi,hn
not in existence in the city, the Commissioners Of Char
tiles and Correction being the only Board corresponding
to 1t. Any action taken By them Oyersoers Of the
Poor would probably provoke long Irrigation at the
hands Of aggrieved liquor dealers 1t Is ia consequences
OF this view OF the matter that the Excise Board have
had liquor dealers indicted for criminal oense the pen
atty in or conviction being term In the PtniteR
tiary. One hundred indictments, similar 10 that 90
which schwab has been found guilty are now awaiting
trial, and the Excise Boald have 800 more case, away
ing indictment by the Grant jury. iho:e VIII al 10
pressed at once and verdcts Gre hoptd FOR IN eaca
similar to that rendered IN SchwaD, case.
Commis Marshall stated yesterday that inc eSF
dence found against uniCcns UquOfGtdlcIs lsN
tecred in almost Instance b. licensed hqlof-
dealers doing bu,incs, an tn ncighboruool Tho
duty OF the Inspector aterward j. merely to REQ flqut
is really sold the premises ndca ID the fiet Oi ,Ae
place being licensed or unlicensed being easily n0cacu
by the records OF the Excise Board. The licensed cc1
ers are in nearly every instance hVuc,u fesp'c.
BILE mon, whose legitimate business Is inllpi
by the illicit traffic OF tbc uullcen,ed
dealers, and they are therefore more hk'y
than any one else 10 report the presence
OF unlawful liquor dealing In their vicinity TIels
have been about 800 licenses taken out for TIE stIem
liquor, not which has been granted 10 Ac ini4'
nous dens known as "bucket shops" concert saloons
or disOrderly houses far as the member OF rae Et
else Board aware. ana there atOai - o! the
ordinary liquor saloons Of the ely which haze nOt}e1
taken licenses The latter class has been wllus,
doubtless the conclusion Of The est case OF s'bwao
ana when the verdict rendered on Monday l. lduy
affirmed these 1000 persons may De expected 10 VIPV
for licenses. . ,.,
Siyisnund Schwab was bacd by the Liquor D'alerS
Association, OF which he Is member peLdnE tue diSu
ment on the motion IN arrest Oi judgment, Nbi,h VIZ
he argued this morning On Monday evening iist aitet
the conviction the Association met and passed cncr.
getc resolutions In regard 10 their readiness % Aeepu
The fight, but yesterday morning schWHb was hur
rendered. and his friends only succeeded Ia hhdI"S he"
hail 4 a.