The New York herald., 1877-11-20
THE EXCISE.
No Warrants Yet Issued for the Arrest
Of Hotel Keepers.
JUDGE DAVIS BOMB.
The Commissioners To Be Indicted it
the Law Is Not Obeyed.

certain morning journals that they were 10 DO aIrcseu
yesterday tor violation OF the EXCISE law. AS the
HERALD has already stated warrants have becn Is
sued Tor the arrest OF bona .fde hotel proprietors
Mr. Mundy, counsel Tor OF tho societies now
fighting tor tho enforcement OF the law. called
upon Judge Fammer at The Tombs Police Court one
day last week presented several such warrants for
tho signature OF the magistrate The latter, however,
manifested no desire TO append his name In hurry,
and laid the matter over until next week Tor consider
alton. This Is his 'oa'' week, and he
has promised not to sign tho warrants-ii
he decides 10 do at all-before Monday
next largo crowd attracted to the
Tombs yesterday by the publication of the sensa-
tional reports alluded to- and much disappointment
was expressed at the non-appearance OF Mr Dol
monico and his confrcres Much indignation was ex-
pressed by tho hotel proprctors at the publication OF
the statement that they to be made prisoners
Mr. r. J. Alien, of the Astor House felt
particularly apgrieyed at the report as he had
on Sunday closed HIS bar, not because he believed
himself bound by law to do SO, but simply TO avoid
any possible unpleasantness. Tho question, no re-
marked, was causing great deal OF dscpssion ana II
tho law orbddng the sale OF liquors at bar on sun
day tho statute books, nothing was left but 10
carry 1t out SO wishing TO be considered good and
law abiding citizens Mcssrs. Allen Dam, after con-
sutng, decided TO close their bar and serve their
guests in more subdued manner in an upstairs
room.
LAW.
The conference committee of ton appointed by the
societies In tho liquor selling interest is hard
at work upon the draft OF Excise law to be pre-
scnted to the Legislature when II meets Consider
abo difficulty is experienced in framing law which
shall be satisfactory TO all parties concerned for sne
interests OF the bosr brewer tho retail liquor dealer
and the wholesale merchant to consider
able degree conflict, II is probable that
$. Bellows formerly President of the Vino
and Spirit Traders ASSOCIATION, will be adopted by
the committee. Mr. Bellows proposition is 10 charge
the present tee OF $25 for each license granted how
small may be the business Of the Applicant aud
percen extra upon all sales above fixed amount
per year. This, II Is thought Will to great extent
cquazo the revenue SO that the man who sells 900
worth oil liquor in year shall not have to contribute
as much TO the Excise as one who sells 100 timos
much.
SALOON xxRPERs IN TROUBLE.
Justice Duffy, at the Tombs, yesterday granted war
Tor the OF ten saloon Keepers tor violating
the law, and the SPECIAL Agent OF DR. Crosby's So
clety Tor me prevention OF crime made complaint yes
cnaei Iahey, Robert Regan, W: W Churchill, jacob
Cole. l. Thompson, Pa.rlek Nolan, Amor sstz,
Ed. McCahrey aud p. Crosy Tor selling nquor
without license All those named were held to bail IN
for exan,inat the arrests were made through the
Twentyourth Ward Auxiliary Society for the Preven-
ton OF Crime. ~-
FIVE persons were arraigned bcore Judge Morgan,
atJcGerson Market Court, yesterday, Tor violation Of
the Excise law and held in $l00 bail each TO answer.
No. GA East Fourteenth street; w. II. staui OF No.
612 Hudson street; Frederick Smith, Of No 400 West
street; Henry Goebel, OF No III West Twcnty-sxih
street, ana Henry Meyers OF No. 10 thompson street.
JCDGE DAVIS CHARGE
The most important event OF The day, however, for
the hquor dealers the action OF Judge Davis, In
the Court oil Oyer and Terminer. The members vi the
Grand Jury for the November Term of the Court were
sworn IN, with Mr.. john h. Hall as foreman. In his
charge 10 the jury the Judge, afer calling atien-
ton TO the usual statutes winch by their
terms have made customary to take
special note OF them proceeded to discharge
against the liquor traihc 10 this city bombsheil, inc
flying fragments oil which not only the dealers but the
Commissioners who licensed them may have occasion
TO dodge. Referring 10 violation OF the Excise laws
he this class OF had been called TO ha SPECIAL
attention by delegation IRON an organization called
.rne Society tor The Prevention ol Crime.n These
offences had not been often specially called to the at
tention OF grand jurles III any de.a. Indeed, tho
pressure Of criminal business IN ibis county had to
large extent substantially deprived the District
Attorney OF tue power OF investigating the minor
offences oil Violations OF the Excise law and misds-
meanors generally. But he thought mistaken
policy had prevailed that respect An experience
now OF more han twenty years oi judicial life had
taught him that more than scveu-cgnths OF the
crimes committed in this country which involved
personal violence were traceaDle 10 the use Of ntox
eating liquors, aud, beslies that very large per-
centagc Of every other class OF crime. Judge
DAVIS then called attention 10 the decisicn
OF the Court OF Appeals that the several subse-
qucnt &C about liquor license had kept In force
ali the provisions OF the statute OF 1857 BY that
II
authorities, to confer upon certain parties, Tor COM
rensation by them pad certain privileges and rights
IN respect the sale OF intoxicating liquors. What
was monstrous violation OF the rigbs OF these
parties reserved By their license than to allow er-
sons without license IN their immediate neighbor-
hood to sell liquors regardless OF the iawY ihc on
iorccment OF that law would, IN his Judgment so tar
TO prevent this grea. increase and constant influx OF
crime, invading our Tribunals ana virtually prevent
ing the administration OF justice.
WHAT THE LAW DEMANDS.
While the privilege oil selling liquors conferred by
tha MI n frnfsn snS nay nrA
also subjected TO restraints which they
quired 10 obey, and Tor disobcdicnoe they are pun
isaabe. One requirement Is that they shall close
their bars aud make no sales between one and i've
O'Clock each morning Another is that no liquor
shall 10 sod 10 any Intoxicated man. man Is in
toxicated when he is 50 lar under tho infuencc of
ardent spirits as 10 change his normal condition
10 an extent TO affect his outward conduct. Tue
statute also prohibits the sale of intoxicating liquors
TO any person under the age OF eighteen. The Dis-
trict Attorney would tell the jury tnal OF all those
ragncd courts OF justice Tor trial Tor crime,
large number are unaer the ago o eighteen, ana II
not unirequonty happens tnat Of that number very
many poor boys pleading in palliaton of their
crime say:-.l was drunk when | did this" SO
also with respect 10 apprentices, though over
eighteen the prohibition oil the statute exists.
WIVES or DRUNKARDS.
Another provision of he law winch ne was sorry
more freely exercised was that which permit
ted The vile ol drunken man or his child or his
friends. when they knew ne was liable to expend his
earnings in drink, to 60 10 any seller Of liquor,
whether licensed not, aud iorDld further sales to
that man. In tnat way, " the statute was known,
Judge Davis believed that thousands OF poor
who were suffering daily from The
abuse OF drunken husbands could to cx-
tent protect themselves # they werc aided
by the enforcomeut oil the law. But he wished siow
particularly call their attention as TO who may be
licensed under the law, and what licenses may or may
not bo issued. As 10 sprituous gushod
from orswsd or malt liquors, there are but two kinds
OF ltncensesonc tho druRgtsts or gr0cer's license,
for the sale Of quantities less than Ave gallons not to
be drunk On or about the premises; The other for
the vending oil distilled spirits on the
premises Of the parties licensed. No person can
have such license, under The statute, except no
keeps or purposes to keep an Inn, tavern or hote
aua license shall be granted except where sucn
Inn required for the actual accommodation OF lrav-
oilers.
LIABILITY EXCISE COMMISSIONERS
Tho commissioners who shall grant licenses con-
Tary tho provision OF the act by statute made
guilty OF misdemcanor. Then ioos provisions re-
qurng all keepers OF nns taverns or hotels 10 keen Ia
the house ut least three spare beds, &c. There
would appear by tho records that there arc
5000 inns IN tho city OF New York tnat the
Board Of Excise Commissioners have seen ut TO
license Who were the travellers to be accomIno-
dated? 1t easier 10 define who was not traveller
under the statute. Those gangs OF rowdics Who go
fofta Iltpg la