The New York herald., 1876-10-28
STARTLING PROCEDURE.

THE EXCISE COMMISSIONERS ARRAIcNRD AT THH
ToMps POLICE coURT-HAvE WE LIQUOR
Law?
Yesterday morning Justice Morgan, prcsiding a
tho Tombs Police Court, the application Of William
H. Munoy counsel for Frederick Hollepder proprietor
Of the saloon known as tho Rathskelier, under the
aats Zetug Building, issued warrants for the arrest
ofGcorsc w. Morton, Jacob H. Patterson Jr and owen
Murphy, Commissioners OF Excise, q charge Of
msdcmcanor in issuing and granting licenses
In violation OF the Excise laws OF the
State AT two o'clock In the afternoon. obe
dcncc to these warrants, Commissioners Morton
and Patterson arrested, and appeared at the
Tombs Police Court ut halfpast three Sergeant
Woodruff and Officer Murray who were charged with
the execution OF tho warrants, were unable to find
Commissioner Murphy. and he did not appear The
affidavit upon which the warrants issued Ii
foows:-
cay and County Of Veg I,ork Frederick Holen
sworn deposes and thal on the ath day Of September
ss ss xSs ss sna NJ
and constituting the Bosra Of Excie n and
grant him deeonenp license 10 sell and
Ions time ie drank the premises o the
.hat ho eponsns does not keep inn tavern
grAnsins Of said license nor At the time of ,sas
hotel the lime q the applsaoa r the
made application Tor said license he would be pro.
account OF said notice and threat hs deponent for fear
TIE same and that the said Commissioner demandsd
and received from deponsnt the sum OF 500 in the
depanent's check National Park Bank this city;
m s York; s pa :.
q s sa ss @
laws Of the state OF New Yo under the title and name
recorded PAGE Sss H. Of Revised Statues
Owen Murphy and Jacob NJ Patterson J be arrested and
dealt with according t. lay E'RrpERrcK poLrryprR
sworn TO before me this 9th day Of October is76-B
The examination room crowded with persons in
terestcd IN the disposition OF the case long before tho
arrival OF tho Cumlnss oners. AS soon as the latter
mace their appearance ana Justice Morgan signincd
his readiness proceed, the court itself there
general movement OF parties toward the Judges
desk Commissioner Morton appeared behalf Of
himself anu his colleagues and, ia answer to the for
nal questions put hm by the Court said his name
george w. Merton, aud he was President OF the
Board OF Excise. W then demanded Information from
the Court as to the nature OF the charge on which
he had arrested Justice Morgan thereupon read
the aidav upon which the warrants had been issued,
ard asked tho prisoner what he had TO say IN reply.
Mr.. Morton then entered into desultory discussion
oil tho law in very low tone arguing that the status
OF tho Excise Board in their relations the liquor
dealers had been already fixed by the higher COURTS
that proceeding entirely aud rcvolution-
ary in It's nature, ana that tho complainant, III ag
gricvcd should have avacd himself Of civil remedy
instead OF proceeding in the nature Of criminal IN
formation.
Justice Morgan said he had carefully examined the
authorities ana tho law bearing ON the casc as well
heard the opinion OF men very eminent at the Bar
and he himself satisfied to the propriety OF the
proceedings now Instituted
Commissioner Morton replied that he was only
de,irous OF maintaining law ana order in tho commu-
ntty Tar the authority OF his official position
extended and that these proceedings entire
ravcnton Of the peace and good order OF society No
person had rcceived d license from the present
Board Of Excise unless upon indub,tabe evidence OF
good moral character and adequate security the public
There was a certain class OF hquor dealers who law.
rSp n ia
Police Commissioner in the mode that they had
adopted o enforcing the Sunday laws, sought 10
tai.ate upon the Excise Board the wrongs they had
suffered from the former. Justice Morgan heard Conn.,
missioner Morton couftcousy throughout, and asked
whether he would have an examination give bail.
Commissioner Morton replied that ho willing to
stand committed would not give bail avail himself
of the writ OF habeas corpus Tor his protection Hc
was wiling to DO martyr, having conscicntiously dis
charged his duty.
Commissioner Patterson here interposed and sale
that these proceedings were altogether unjustinablo,
He added that Judge Barnard, in tho Second district
oil the supreme Court. had ndjudcated similar casos
that ho and his colleagucs acted upon the law
as they found It, aud he being ar.
ragned for any violation OF tho laws governing thom
The proceedings were suspended, and Commits issIon-
ers Morton and Patterson retired into the Judges
room to consult. Alter delibcraton OF hour or
more they decided to ask for examination and 1t
Tor Friday, the 10th OF November In the
Morgan Tho parties under arrest therefore eft tho
court In somewhat beiogged state the proper
course pursued in present aspect OF their re-
atlons to the liquor dealers represented by Mr.
Hoender. The latter gem ileman dIscIaims any malice
toward the Board or any OF Its members but is only
dcsirous IN this proceeding OF asccraining his exact
standing as merchant and OF having tho law den.
nitciy passed upon IL is SAID by many leading awyeri
tnat the Excise laws OF New York State,
a, they now exist are loosely drawn III the inter.
ests OF political parties. as they happen to prevail fol
the timc in the State Legislature, that there
gal protection Tor either tho public the dealer.
They conflict with each other every year, and the in
tcrcsts OF the public al large demand their thorough
revision and uniform aud impartial law enacted
which viii be beyond all cavil o either the fanatcal
the lawIess.