The New York herald., 1877-12-19
EXCISE AFFAIRS.
An Investigation Ordered Of the
Excise Department.
THE MANDAMUS PROCEEDINGS.
Various Steps Toward Settlement OF
the important Question.

the important question.
The cold Of Yesterday seemed TO have q marked
effect upon the unhappy liquor dealers. who for the
past two weeks have crowded Mulberry street in
front OF the Excise building The attendance in the
morning was small and decreased as the day ad-
vanced. There were no new developments SO far as
The standing order is concerned, and both the
Police and EXCISE Com m ssioners say there can be
no csange For time past there have
been vague and unsatisfactory rumors concerning
swindlng in the matter OF receipts and licenses by
persons not officially connected with the Excise
Bureau None Of these rumors have been traced TO
a satisfactory explanation, but the Excise Commits
sioners have endeavored to SO conduct their Office
as TO present, far as they could, the
possibility OF tho liquor dealers being de-
frauded. In this connection the plan Of
checks adopted by Commissioner Murphy yesterday
was good ami favorably received by those con-
cerned. Some OF the dealers claim that they have
been defraudoi by people who, pretending TO have n
ucnce with the Board. have secured their receipts
cashed Them and disappeared with the money.
young man claiming to be a newspaper writer was
arrested on such charge yesterday but was dis
charged by the magistrate before whom he was taken,
he denying all intention Of msappropriating anything
and returning the money
Another source OF great annoy TIL assembled
liquor dealers has been the favortism shown by GER
tan employees OF the Excise bureau IN admitting per-
sons bywhat Is known among the anxious walters as
the 1sback door trance" before their regular turn.
There little doubt that such the case, until yes
terday when the Commissioners made effort TO put
an enectual check upon the practice. One Of the
events OF the day was the sudden and summary re-
mova OF Edward Donahoe, Chief Clerk OF the Board Of
Excise
II was rumored that Doushue's removal was due to
certain financial eularitcs, which, 1t was believed,
had been discovered but Commissioner Morton stated
that such the case. He was said TO have been
removed for incapacity and inefhciency.
CHARGES AGAINST ExCIsE COMMISSIONERS
On motion OF Alderman Morris tho following pream-
be and resolutions were yesterday ad opted by the
Board Of Aldermen in rotation to the Excise Commits
sioners:-
Is As 5 week as M s n
the Commissioners had in bank to their own credit,
IN. ] as
isr their money said money being received "
siSnsrs Of Excise. The charter Of 1873 contains
oSnmSs;sin Esll :. deposited i hs Sss,sa.ss
and whereas IN section 80 ne fownx words
vide for the accounabity q all Cloer and other
" and whereas section % makes PROVISION ior any
received Tor licences shall ,be paid over we KY and
with this section lo7 provs
ion for the Of books or accounts 81 any de-
the Mayor iu appoint Commissioners Of Accounts
Resolved That Ills Honor The Mayor be requested
have made thorough examination OF all moneys received
also examination OF the receipts and vouchers
has wh We sna s
Resolved That ~ persons hocins receipts from the tx.
appointed by the Mayor thai dates .mov.ts may
be compared with those on lie 10 the Office Of SAID Board;
Resolved That all the Testimony and facts taken shs
animation.
larilies in the conduct OF business IN the Excise
Bureau. Among other things no asserts that he
which had received alone the signature oil Mr. Chids,
chiel cork TO ths Excise Board, tho names OF the
Commissioners being withheld II is surmised by hum
that number oi other illegal documents OF similar
character may be in circulation
POWERS IN ISSUING LICENSES.
The Law Commute OF The Board OF Aldermen n which
consists oi Messrs Lewis Hurland aud Hail, have de-
voted tme to CONSIDERATION ot the Excise qucs
tio.. Their laburs were brought TO conclusion yes
terday by the Introduction OF report containing
lengthy opinion from Mr. Richard Gofman, formerly
Corporation Counsel, delivered IN 1861. This opinion
holds that the Mayor retains the power oil issuing
licensees and is contrary to the views expressed by
CORPORATION Counsel whitney, Mr.. John Mckeon, ex-
Governor Hoffman and others
The REPORT of the committee concludes as iol-
lows:-"As the learned counsel Tor the corporation,
Mr. O'Gorman, well says tae right OF the city TO The
ownership Of this franchise has never been tested
directly the courts 1t is, In the judgment Of Jour
committee, the imperative duty oil the CITY authrites
to Try now ana forever settle Tue ques. ss
State deprive lhis city OF vested pecunary rights
which held 70 be sacred and removed from inter-
ference by superior power. by every other people v
ing auy form oi government where the English
language rs spoken. This test can only be made, as
pointed out la a preamble and resolution adopted by
your onorable body 10th inst requesting HIS
Honor the Mayor to grant tavern licenses or at least
grant one, order to bring The case properly oe
tho courts. lhis action, your committee beliuve,
should at be taken by HIS Honor the Mayor, an
IN Tie hopes oi influencing him in this regard, they
respectfully recommend that your honorable body
reiterae your request. aud direct the Clerk OF tue
Board 10 transmit 10 His Honor copy OF THIS report
In discussing tue report Alderman Purroy called at
tcnton 10 tbs TACT that the Court oil Appeals in the
case Zbrowskie against the Mayor had decided that
Legislature had the power 10 modify or annul any
oil the provisions OF either the Dougan or Montsom-
cry charters. The report adopted and ordered 10
THE MANDAMus PRocsEpNGs.
Early during tue morning large crowd assembled
in the Special Term oil the Court OF Common Pleas 10
hear the argument on the mandamus proceedings IN
stituted by exJudge DitIenboeier, counsel for the
Brewers Association against the Excise Commission
Some little lime was taken up by JuoRe Van
Hoesen III dsposing OF mass OF preliminary business
but about eleven O'Clock the argument was opened ny
Judge Dtlcphoeier VINO rcad the petion oil James 81
Kelley. Mr.. Kelley states that ne owns and Keeps
hotel In Houston street, containing twenty rooms
properly furnished with beds and bedding and on
tcrtains guests numbering IRON nvo 10 twenty every
day, and has kept ths mouse Tor twenty years ne
states further. that he applied for license last June
ana deposited S7b with the Commissioners, ior which
no obtained a receipt. He says that the Commits.
soners, although satisfied that he bad compiled with
all the prerequ of the law now refuse u give
HIM license, solely on the Qrou0d that The cooking
is not done the premises. An Inn, the counsel
said, was defined to be place where a traveller is
iurntsnsd With everything he wants IL vas imma-
terial wherc be ects II, proviacd he does GET H.
POWER TO MANDAMrS
Counsel next LOOK up the question OF the power
OF the Court 10 mandamus the Excise Commis-
soners, and in this connection he referred 10 the
case oI the People Perry (30th OF Barbour, 3l6
which was decision oil the General Term, written
by Judge Harris In that case, ho said It was de-
cded that when all the requirements OF the statute
had been complied with he is entited 10 recover
his rights, which can be eniorced by mandainus.
After reanDg tue decision counsel said that the
ent directly within The scope Of thst decs.
ion and the refusal oil the Commissioners to grant
the license was simply mistake oil law, which II was
The duty OF The Court 10 correct Other decisions on
The question OF the power OF the Court 10 andamus
were also read Juage Diiennocior SAID that no was
aware that there were two three Special Term de-
cslons going TO show that the Excise Commission RS
mad had unlimited discretion, but these we're Simply
Special Term decisions IN country districts, ana we're
III direct opposition 10 the PLAIN ana decisive opi
yhn Il