The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-15
PUSHING THE Excise WAR.

ANOTHER CRUSADE By THE TEMPERANCE ADJ
vocATEs-THE ARREST or THR BOARD OF
EXCISE ASKED FOR
Among the papers handed to Justice Smith, sitting
in the Tombs Police Court yesterday, was petition,
signed by Counsellor w. IL Mundy. ASKING Tor Q
rant tor the OF George w. Norton Owen Murphy
and Jacob NJ Patterson, Jr comprising the Board Of
Excise OF the city OF New York.
The petition set forth that the persons named. act
Ing a. board Of excise, had granted to the rm OF
Roster Bia license for tho sale OF ale beer in
quantities less than five gallous TO be drunk the
premises said act being In CONFIRMATION Of the Laws
Of 1857 section L chapter TO- Revised Statutes and by
such declared to be q misdomeanor
Mr. Mundy stated. In making the application. that
his purpose was not much to wage against
the Board OF Excise to the Hc also stated
that the firm mentioned In his petition selected
haphazard merely with view Of making such test.
Justice smith listened to tho counsciors argument.
aud replied that he would look law render
y decision to-day.
MI. Mundy, will be remembered Is tho contestant
VINO, several mon his ago. carried the question OF H.
censes before the Court VI Appeals and won uuani-
nous decision that licenses for the sale Of spuous
liquors IN quantities. less than I'VE gallons be drunk
on the premises could not DO issued to persons other
than the propretors OF inns, taverns hotels. The
decision created ut tho time considerable coDsterns-
ton among the liquor dealers. but the prospect oil
special enactment the subject legalizIng the
present licenses quoted their Tears. The Legislature
however, adjourned without remedylnY the matter.
Mr. Mundys former crusade was directed against
strong liquors, not including ale or beer although
both the latter, he claims within the decision.
His utiure to apply she law IN question ale
was Tor purpose of policy he desiring first to settle the
matter so Tar as the stronger liquors was concerned
The time now however, he claims, IL ripe Tor CRU
SADIE against ale and beo and he again carry
the matter necessary to the Court Of Appeals, and
II was with this end IN view that he makes hts appl
cation Tor tho arrest OF the Excise Commas toner's.
TIN Law IT
Az stated by the petition, the law relating TO the
granting OF enacted In 1857 permits the issuing
OF licenses for the sale Of liquor quantities less than
i've gallons 70 be drunk ON the premises, only TO
keepers Of inns, tavcrns hotels, and makes any
violation Of the same by any board of excise mis-
demeanor. Thus the law stood until 1866, wnen
Tweed Metropolitan Excise act became "a law Its pro-
Visions virtually abrogated those Of previous law
aud made lawful TO issue licenses saloon Keepers
10 sell liquors In all quantities TO be drunk the
premIses
In 1869 another law was passed allowing boards Of
excise ali over the State TO graft similar licenses
and Brookynl, which already enjoyed same priv
neges under tho Tweed Excise law before mentioned.
WHERE THE SHOE PINcnxS
In 1870 the Legislature repealed the Tweed Excise
law. the case then stood thus:-rhroughout the
State except the Metropolitan Police DISTRICT the law
OF 1869 allowing the granting OF licenses 10 saloons
In iuil force But tho repeal Of the Tweed Excise law
threw NOV York and Brooklyn back Tor their
legislation on the next preceding law applicable
20 SUBJECTIVE, the Of 1851 which forbade the
issuing OF licenses 10 saioona
In the last crusade Mr.. Mundy Obtained as said
before, decision from the Court OF Appeals that
law OF 1857 was still IN forco Al the present timc
therefore, u Is lawful outside the cities Of New YORK
and Brooklyn for boards OF excise TO gran. saloon
Licenses. but in the cities named, comprising ~ they
do the Metropolitan Police district, 1t Is q misde-
mcanor.
THU oBJxcr or THE CRUSADE
In conversation with a HERALD reporter yesterday
Mr. Mundy stated that he believed his application Tor
q warrant would be granted and the question thus de-
cidsd He expressed confidence strength oil the
position which he. acting as tho representative Of ,he
temperance people, haa assumed AMI he believed his
stronghold could be shaken by the discovery OF
any subsequent legislation or the advancement
oil any sophstry. As 10 whether the auyo-
Gates Of temperance mcant 10 keep up the
agitation IN OF another favorable decision, and
make matters lively Tor tho liquor dealers not be
Was not prepared TO As to the probable OF
tue liquor dealers ho equally reticent, but ex-
pressed hts OPINION that those 10 sue tho
least OF the money which they paid Tor their Licenses
He ascribcs the present middle TO oversight the
part OF the Legislature.