The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-13
LIQUOR LICENSES.
The Hopes Of Dealers Slip
ping Away.
TROCH'S ARREST DECLARED LEGAL
An Exhaustive Opinion from
Judge Davis.


twentyiour hours; which, II 1t coniin-
ues forty Eight hours longer, VIII have attained the
ultimate limit ana been literal nine days wonder
It is sensation which the whole body OF the people
are interested, part financially part gssronomicay.
The police are import urbabo and The work OF raid.
ing"-a word by the way, TO which Mr. Waliing
takes exception-st goes on regardless Of the MALE
dictions nprecaIions hurled from all sides. The
decision of Judge DAVIS In tho Troch habeas
corpus case strengthens tho position taken
by the Police Commissioners, Tor he holds
that tho Law OF 1897 was not dis
surbed by that Of ten years later, and that
since il upon the book II is the PLAN duty Of
the authorities to that 1t enforced. In the de-
cision The Excise Board may hnd some little consoa'
ton and it's gentle will be all the welcome
of late iayors oil the kind have been so scarce
On the hand those whose business has been in
terrupted suspen dcd--the latter cases are very
rare. however-see no hope Tor relief except IN an
equitable Law, and mis- they cannot have until
The Legislature convenes next month.
SCENES
Tho crowd around tho entrance OF the Office OF the
Excise Board was greater yesterday than any time
since the rading commenced. number OF women
attended, and not few wholesale dealers were on
hand, all anxious TO get before the throne and pay
their tiihes The usual number or Germans appeared
aud loud and unntelligbe in their complaints,
and when their feelings could longer sustain The
weight OF injustice under which they labored
they retired 10 some OF the many convenient
beer saloons drown the memory OF inflicted wrong
in roaming beer IL is indeed, an III wind that blows
good, and tho saloon Keepers III the neighbor-
hood OF Houston street very anxious that the RAID
ing may continue, they coinng money from the
thirsty crowds that frequent their places Alc and
beer licenses continue be granted, and many others
were yesterday added to the already long list The
inner Office OF the Excise Commissioners was crowded
until alter nine O'Clock last night and the air
rank with tho mingled smoke OF q thousand cigars.
lair idea can had OF the which tho work
OF the Board is done from The following interview
with Commissioner Murphy
sMr. Murphy, what has the Board done to-dayf"
ave don't know what DONE" the
Commissioners frank and laconic reply.
Some little mixing OF what WAS done in the Board
reached the outer world II tells truly Jour
OF the Inspectors Of the Board dismissed Tor
porting avoraby applicants that were VIGOROUSLY
unworthy OF Excise privileges.
Mayor Ely yesterday called on Commissioner
Nichols headquarter but the subject OF
ference not known. Some wseacres who profess
10 get .tips" claim that Nichols lecturcd by the
Mayor for letting his resolution, which was intended
to protect the liz Dealers be so easily disposed oil
IN tact Tor having aided IN defeating II. Commiss
Ernardt was absent all day from headquarters.
MAYOR AND rAMMAAY.
A new point has arisen IN the discussion as TO the
removal oil the Police ana Excise COMMISSIONERS. 1t
is now contended that Mayor y has no mower 10 re-
The latter officials IL appears that they
County officers appointed under general act OF The
Legislature. Inc method oil their removal does not
appear all clear, and Mayor Ely has asked the opn
ion OF the Corporation Counsel IN relation 10 The
Ter. This opinion Will probably be rendered to-day.
A onmittee OF wholesale liquor Dealers consist
ing OF Mossrs. Robert Mackie, Z hares Renauld Will
IAN NJ Fieiss, &. Mex. Loeser ana Johannes Lie
man, called upon the Mayor yesterday tor the pur-
pose OF asAing him 10 presde at tneir Stenway Hall
meeting. Mayor Ely declined, on the ground that
IL would be considered oiliclal Improperly Lis
part 10 preside AT gathering Of SUCH character
while The present controversies were sgitated
the lammany Hall Committee on Organization will
meet on SATURDAY next AZ Jour =. ~, 70 make ar
rangemenis Tor mass meeting on the excise
troubles. Prominent speakers arc TO address the
! gathering
raocH nABEAs CORPUS.
An exhaustive opin.on MAS yesterday given by
Judge DAVIS, OF the Scpreme Court, IN the habcas
corpus proceedings instituted by ex-Judgs Ditlcn-
hocier on benaI oil Augustus w. lrocn Darkeeper Tor
Cal orqemanu special IN Icresl atlacaod he case
beng brought 10 test The legality OF the wholesale
arrests Tor selling liquor without license. In
nouncng nis decision from the Bench Judge DAVIS
stated that he had gwen the subject careful
investigation, and as he ued the law applicable
to The case he could pursue only one course-dismiss
the writ and remand the prisoner Tho opinion Of
Judge DAVIS 10 gwen below IN iull:-
OPINION or JUDGE DAVIS.
The relator was arrested w officer d the police with
titles to Oe drank The enises without having n
examination Was committed Tor bail answer
Is 81 s @ ono na ny his
inasmuea us IL is not specifically declared OF
IL presented 10 aud considered tue Court Appeals
held Without dissent sa the sss Of spS sIa o,o sa as
wines without eens IL less quantitIe taan i've gallons
ment both, though not among the oreuces specially
ISL rhat aseisiou Vas followed by tha .,,,n
Court in IN " The People 60 y r. ses il watch ne
learned Judge who Delivered The opinion alter suggesting
indgiduai DOUBTS, said, Ne bound 10
re,pe' ine question again came Ine same trou
thai tho orsare was n,ssemeancr paisnaoie a. be-.
scriDsa ~ Inc provision u The devised statutes e
not otlerese providsa And IA People smith
which he Caa o. has s Il certain s"as u
the provisions " lne aet 1917 are IN su orce conyc
auirraea. decons are couaed 10 snow
teat the question controversy Dy The curt
or POLICE TO ARREST
1t urged nad no power to
maze we rIss ~ y a process = M power s1.re'sy
the auy 10 rrest ali persons iound actually
Engaged Ia ths commission any offence
The as,ice shows thai mo O.
isIOr actually engaged IN selling ,pritu1u
liquors 10 be drank the premises pness statue
Is unconstitutional (Which 40 one GAINS Ihe officer could
NOT iaaiaD 10 otheswse "a the discourage duty
II maze 10 statute toe his protr ton.
crnes committed ana - taGe the
enenaer before magistrate he police Jasnee acquired
" officer bscoarrs ms duty 10
such examination .he offence W, ceary proven.
ACCOUNTABILITY ~ sARrhSptAs.
IL sbOwa teIator bartender o me
EAIl Ordeuann, and suca made the luis
disputed. ~ Il
urdemWnn had license. ss required Tie act 1901
ia relation OfusMann ~ defsnce.
the doctrne. 'resp0ntents superior,
criminal cases 80 protect agent
though the express direction hs
Yer. In mlsdemeauars there are All
prneipa In he ofonte. and hence
b. direction kn0wedge VI las aster qaor
violation VI tho statGo botn inactaO4c Tor the
ii ~ the reiator that eitncr
IN iAct had license zach required o. the act " 1851
shOsH examination mat
g
where ne kesps hole. bEvns twenty-five rooms ana
twenty-five beds aud travellers transient
persons and has dodgers nuAlly
EECkirT COMMISSIONERS
lie dated tue yncs Vi The Board OF
Excise gno ,, 1915. me toll ,wins isfm:-
&c Odemann has deposited the Board Of Excise the
OF $40, 2snding ne ascisson application and IN
tended Tee iOT aitrnse his DAY applied Tor by hiin
" OF CIV YORK authorizing
regulating tho 81 spiriuoas liquors.
wines Ale Anu beer.
fns receipt given the express condition that tho
shA. DO retained t!s onco villain nom
the date thereof shen license Will the
plicaut II the Bvso tclus. grant the