The New York herald., 1877-12-06
THE EXCISE WAR.
Commissioners Views Of Lii
cenSe Fees.
HOW THEY ARE DISPOSED OF
More Police instructions About the Sun.
day Traffic.

In the last phase Of the excise the Com mission
seemed to nave been placed . serious disad
vantage Recorder Hackett stated In tho Court o.
General Sessions on Tuesday that
The alidavits which have been presented In mitlga.
tiou OF punishment have carefully read They con-
vince me ought TO postpone the sentence upon SIM
MONS Mccanrey, Thompson, Churchill and Moore, Tor
the that they IN good faith deposited moneys
with the Excise Commissioners on their respective
applications Tor license which the Commissioning rc.
ceived, aud the parties believed they not Offend
ing by selling, and were right SO 10 believe by the
action Of sworn officials Every day that the money
was withheld from these by the great treasury
the city New York intensihcs the wrong which the
Commissioners have substantially done these men.
will, therefore, discharge them on their own recogni-
zance.
A HERALD reporter yesterday called ut the Board OF
Excise in relation this matter and had long
versaion with Commissioners Morton and Patterson
about the receiving OF deposits and what ~as done
with tho moneys afterwards. Several. other points,
which have been clearly understood by the public
were carefully explained
MADE.
Commissioner Morton, President OF the Board,
stated that for many years persons applying Tor
licenses required to pay the deposit when they
made the application TO insure thor compliance with
tie law and secure the city against loss Before
TINS practice came In vogue people who desired TO
open liquor store merely applied for license and
then selling rum without ever troubling them
selves about returning tothe EXCISE Board to pay for
Incense. Now, aud Tor some years back, the appli-
cant deposits his money when making application,
and receives the following receipt, which does not
give him the right TO sell lquor:-
OFFICE OF BOARD ExcIsE.l
- has deposited with the Board OF Excise the sum Of
tended a his aps o
:. the laws Of New isrk and reg
ana ss. beer a., -, ... ,ons,,,.n .s,,,,.
shall oe returned to tnis office within ten days from
the date hereof when the license will be issued to tho
to
amount deposited TO be returned
Commissioner Morton here called attention to ths
fact that at time or occasion this receipt ever
granted as permit TO so on and SELL II merely sig
nlded that the had deposited money. which. IL
should sntl.ls him 10 llconse to soil liquor But 30.
they would consider his and 20 INTO the
animation ana premnaries necessary TO tho ssuing OF
such license tho applicant should die his bond In the
Office II did do this he could get license
and his money would remain In the Germania Saw
Bank until The treasurer pa u into the city trea
sury The ten davs named In tho receipt arc needed
by the Board, Commissioner Morton sad for the con-
sideration OF the application and the investigation OF
the applicants standing and fitness for AN Affirmative
answer TO his request Al any timo succeeding the
Aspiration oil the days he qualify, give bonds
&c, aud If worthy will get his license But the Com
mssioners declare tnat the TACT OF his possessing
receipt Tor money which has passed into the handS
OF the city does not give him the right
sell liquor Tue police arrest ana punish him Tor
dong 50 at any moment prior to his receiving the
4 coMxox ERROR.
A great many people. Notwithstanding all the pro-
thus claimed 70 have beon taken by the Com.
mssioners go away with the belief tnat having paid
thoir money and got their receipt Tor IT, they are all
right and can 20 ahead with the trade. "rhis," said
| Commissioner Patterson, sis all wrong. We
mercy OF Judicial board, vested with the power
| to grant privileges 10 sell II they act
without these privileges It IL the duty Of the police to
look alter them We have nothing to do with finding
whether they DO or do not viosts the Excise law
| In this respcct.'
| Commissionar Morton next said that the Commits
| sioners ot Excise have mover determined 10 stop
taking money in deposit from applicants for licenscs
| They have always returned tho money 70 persons
whose licenses have not been granted whom they have
for It. The practice oil receiving this deposit has
existed for years for the reason above stated and the
pays the to the Boards credit into tho
| city treasury ut The proper time.
PRISONERS HEDGING.
In relation to the when excited the Recorders
sympathy Commissioner Morton that TOUR Of tho
had pleaded guilty to the charges preferred against
them, aud two OF these, Moore and Churchill, had not
| filed thcir bonds yet Their applications were made
| November "a and 20 The other two applications were
the first two the Commissioners had dealt accord.
| ing TO the process above explained; the two
| latter have only held their receipts q day
| or Two. Moore ana Churchill have only TO
blame themselves tor not having iicepses They did
comply with the law. IL supposed that the four
| prisoners applied Tor licenses when they found they
were gong 20 suffer for not having had them before
They may, too, The Commissioners suggested, havo
shrewdly surmlsed that such course would have
cured them mitigation oi thor sentences.
THk GRAND JURY AT WORK.
The Grand Jury continued their investigation yes-
terdsy OF the excise matter with view oil procuring
an Indictment against the Commissioners Several VI
the inspectors examined 10 the mode Of In
spectlng the different establishments Tor which appli.
cations had been made for licenses Mr. Don0hue,
the chol CLERK OF the Board OF Excise, In at
tendance. Tho investigation will be resumed to-day.
SUNDAY LIQUOR SELLIN0.