The New York herald., 1876-11-22
THE EXCISE COMMISSION.
FURTHER ExAMISATioS YEsTERDA.-.aGU
MEvys OF COUNSEL.

FURTHER ExAMISATioS YEsTERDA.-.2GU
MESys OF COUNSEL.
The examination into the charge made against h
Excise Commissioners By the prol OF the Raihs
Keller OF granting licenses to sell liquor in violation
OF the law OF 1857 10 not entitled 10 thom was
resumed yesterday before Judge Morgan at the Tombs
Mr. A. Oakley Hall appcard for the complaint AMI in
the interest Of lager beer Dealers and D. b. Eaton
and Mr. Diticnh0eIcr for the defence
Casper {. chids, Clerk Of tho Commission, was
called and verified licenses shown him y Mr. Hal
Fred W. Hollandcr, one or the plaintiffs, on being
sworn Identified The license issuei u hun; he was
ne.lhcr inn keeper a tavern kceper; he asked
for Incense sell VINE and liquors; did not intend 10
keep "a hotel when he got the license; wit.
ness was not asked 10 sign u bond
on crosse examination witness defined hotcl rs
place TO live and sleep in, and inn as a kind OF
lodging house; he did not accommodate guests; all
had 10 pay Tor what thoy ordered supplied meals
$50 to 200 persons pcr day; no liquor sold 10
be carried outside the Rlthskc:lcr; little may how
ever, be taken away a the beer and ale sold is not
drunk on the preiniscs never complained OF this
Board before the Grand Jury was notified TO appear
beior. that body and went, never madc complaint
because / was informed by Mr. Munday that the
Board had right issue license 10 sell liquor 10
bc drunk on tho premises; don't think have tho
right 10 sell vine or liquor with or without license.
but do not stop IL as have license do not enter
tam man and beast, nor keep beds Tor travellers
Mr. Hail here presented the points OF law raised,
showed that an Excise Commissioner who neglected
his duty liable to indIclmcn; that the Court o. APP
pcals IN the OF Charlick and Gardner, Police
Comnis ssioncrs, had decided that police officer
liable Tor msdcmcanor II he ncglccts his duty know
ingiy aud as tne law expressly says tat iceass 10
soil wne ale and spruous liquors 10 DO drank on the
premises shall only be granted 10 hotel, tavern and
Inn keepers, they are certainly liable - indictment
that The complaint be dismisscdquoled from chapter
as Laws .o lscU, relative to tho metropolitan dis-
trict showing that the Excise Commission grant
licenses To any person OF good moral character &c.
CLder this net IL had power, he insis-
&c grant The o 1870 ss
OF tho law OF 1866, aud very clearly gave the
Commissioners power to license others than tavern
ises Hero tho counsel lard down certain
propositions Of law bearing on tho case, aud
concluded his Argument by charging the Court
slder tho intent tho law In regard the subject ut
issue and ignore all frivolous tcchnicalites Mr. Men.
day counsel ior tho temperance people, replied 10 the
argument Of the defence He began by saying that his
learned friend en- the other side had misQu0ted the
law OF 1865. Mr. Dtttcnhocicr interrupted the counsel
just 70 deny that statement Mr. Munday then
sumcd ana after INDUCING in some little autobiography
"reminiscences, proceeded to give his construction
OF The Excise law The gst OF his argument that
the commission had right to grant licenses TO sell
liquor be drunk on tho premises, except 10 hctc
Keepers nnkeepf ana Tavern @ keepers ana .naa .n,
Mr. Dormuu B. Eaton replied for the defence,
aad made exhaustive argument. the point Of whaI
he said that the law OF 1873 which empowered the
Excise Commissioners grant licenses all person.
OF good moral character without discriminating az u
whethe4S 4Shcy hotel keepers or not governed anc
abrogat& The effect Of all previous enactmcnts touch
ing the sale OF ardent spirits Mr. Hall wound up tor
the prosecution. He contonded that the Excise Com
missioncrs had plainly violated section IL Of the law
of 1851 which prohibited the granting OF licenses for
tho sale OF liquor DO drunk on tho promises 10
other than inn hotel and keepers, and that
IN doing SO they guilty oi msdcmcanor without
any regard To the question of intent on their part
There was no DOUBT IN tho mind OF counsel that the
Excise commissioners had committed offence, had
violated the law, and when the Court had investigated
the case there would be probable cause 70 hold them
for trial. Tho case ended here. Judge Morgan will
give his decision In few days