The New York herald., 1876-12-12
TESTING THE EXCISE LAW.

HoLLENDER's CASE AGAINST THE EXCISE CON-
MIssIoNERs DIsMIssED-JUDGR MoRGAN's DE-
cIsIoS.
Judge Morgan, at the Tombs Police Court. ycstcr
day rendered his decision in the OF George W.
Hocndcr, proprietor OF barroom and restaurant,
against owen Murphy, Jacob NJ Patterson aud George
W. Norton, Excise Commissioners, for having Sep.
tember IL or this year. Illegally granted
him q license 10 sell ardent spirits in guam
titles less than Ave gallons 1t was claimed
by the prosecution that tho statutes prohibited the
sale OF strong and spirtuous liquors by other than
hotel inn or tavern keepers in quantities less than
Ave gallons, and that Holendcr not being in any
OF tho prescribed catcgorcs the Commissioners had
acted without authority OF law and were guilty of
misdcmcanor. The argued by A. Oakoy Hall
for the defence and Dorman B. Eaton for the people
Judge Morgan's decision is regarded as very im-
porIant one. The following are lis chief points,
MoRcAN's DECISION.
Considering the great imporance Of this case both a
ter and as il affects public large especially
community have examined With great care the several
s ,ass !. the
cy. The complainant is the proprietor Of rcstau
rant and .anor ors . called sar y tho build
building. and he seeks by his mplant to ix the
IN HE sI.cSssss s%s,s sSs.! :ss.iSs:
h hsy license .ss easH 10 s liquors :. his % S
Mth.n the aaaer.y o. The aw TIE aad"1a 1
is no. win The The and
without authority against provisions the
eanor under the very words The statute: bnt II with
issued is they have been performing an authorised
4y 4as @ Which ya's ou: Ss receive no ssn.s
shall bo granted to any one who does not keep
hotel required travellers
f. ss pDr ss s hs nssn ss IT..
hrs arrohibiion against granting except
he 70 keep an inn tavern or hotel and not then
accomn,oaaan OF travellers. The law declares
proposing keep inn. hotel tIiere an inn
'assrn Or h9.si i defined sse r.dco,,v .o >,
1857 Without expressly repeating that INV y whdrsw iss
% D se s =.
r 10 grant licenses any u good moral
attention 0 ANY person. for the words persons
wo pf1poss Z, ssep n a. a Or hG's e., l. a.u
full force ut the time Of the granting Of the license tho de-
% % sSa Of hs s' sassss pa.
the foregoing act OF 1856 repealed and the law Of 49,,
ing and pivotal part Of this ease; The law OF ls7c
so far as te same is inconsistent and IN concs Ameas
the provisions OF the latest statutes boards Of excise
ton is iha, section Of tho Laws Of 1870
s,tsr section r extended the powers Of the Excise u"m
issioners 70 grant license 60 any lne LEGISLATURE
other ~ Ssrsulsrs f we'll settled rule sasa,ors
construction that legislative
construed together except that where por statute IL
the purpose general trese except
where there is irrecnncabc conflict between any Of
the former iers the pressden,s gwen BY counsel
desire state that it is satisfaction arrive ai
the conclusion tha, the defendants here have done
the scope Of their legal powers should Le sorry have
discovered that the Conmsi WHO collected these
misde that their conduct instead Of being
worthy OF approval was exposing them to punishment The
complaint Is dismissed.