New-York tribune., 1876-11-22
EXCISE COMMISSIONERS ARRAGNED.
.,,n,,. rn,.1 rrnnA A nARGE nF IssIISl LICENSES


THRIR !RIAL UPON a CHARGE OF ISSUING LICENSES
ILLEGALLY.
Examination in the case of the people, on
eo,nplau OF Frederick W. Hoander against the Excise
Comm! !ssiouers George ". Morton owen Murphy, and
j. ~ Patterson IT, held yesterday afternoon IN the
room of the Clerk of Special Sessions at the pombs be-
fo,s Police-Justice Morgan. Dormsn B. Eaton and
Meme Iefendorf acted as counsel the commission
ers; and A. Oakley Hall and ". II. Mundy Tor the Dis
Attorney. Among other persons present were e.
G. chnls Clerk OF the Board % Excise oliver Golfer
snd James Morton Of tho Brooklyn Temperance Broth
crbsod. Two witnesses were cxamined-ar Cmlds' 'Who
recognized the license granted by the Boald
OF Rxeise to +. W. HOnaneer for tho
sale Of liquors to be drank his premises under the
sfaats Zeitung Building. and certified that the license
was regularly issued by him dcr the direction OF the
board and aIr. Hoander, who testified to MS meihod
OF obtaining it, aud stated that under the license ne sofa
auors to lie drank his promises, ana also III small
quantities 20 be carried his saloon in bottles but
that lac was not innkeeper or AoteiAeeper Nh HAIi
then briefly stated the complaint against tle c0iills-
sioncts 10 DC based the law which gave to the com
inissosieFs the power to grant only Two classes OF
Ioesses the sale OF srons hGaofa "a small quantities
--ono class to botel-keegors Tor the sale OF sueh
,ionors 10 be drank on the premises, and another
class 70 any persons of good moral character.
VINO were prohibited from allowing the liquors SOLD
drank othcr ia thelr places Vi business " n ~
Joining buildings rooms owned 10y tDcn. hf. HAL
further STAYED that the Law authorizing the nhtcass ol
licenses REQUIRED tnat tno ne pts' iis of 1,ri az
iGir premises beds Tor the ol
ers lie argued from these grounds that the ciioh OF
tnc Excise Commissioners, N granting hccss 10 per
SONS pot oTekecpers FOR the sale OF strong liquors III
small oaantes, 20 be drank ON the premises, Was a
violation the law aud chat the cOnial sOers must De
l,.id responsible for IuIsdelneanOrs IN Otllce.
Mr. Dicfcndorf for the defense refcrrd ~ iehHih 70
the laws passed az varions tmcs 10 Regulate 1e sale OF
Intoxicating liquors, and to dcine the powers ana d
ties 0f tue Excise Commissioners lie stated tAt under
the Excisc law OF 1857 hc condition OF ihngs spoken
o. ~ Dir. Ha was In force but NY an ac OF the iss
laue passcd in 1866 the Excise Commissioners IN the
Hic.ropohtan Police District exclusive OF Wcslchester
Co,mtv were authorized TO grant licenses Of the first
class 70 any persons OF good moral character whom they
should deem proper Tor The business Ills extension o
te privilege granting licenses, he argued, had bccn
subsequently applied throughout the whole state by sro-
sequent enactIneuts This line OF argument was sup
ported by Mr. Eaton and opposed by Mcsars iial ana
Munay who argued that the extension ot privilege va"
restricted by the law of 1870 70 tbo granting OF
licenses sale OF liquors not TO DC drank on fc
premises OF the dealer Tue arguments consumed over
fyc hOnrs aud when they flushed Justice Morgan
announced that ne would reserve ms decision unt u
subsequent day.