The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-08
ENFORCING THE EXCISE LAW
AGRfvD JtRi PRGsENTTNG TJIE En-
fy>I SlNTlM rs SCINDII.

ra,sn-d In the Poiicc tourts-Five Hundred
sud seventy tive Held all Night In the Police
stations-A New Rush for License Papers.
rnrrts were made yesterday in two dircc-
tlons 10y the liquor dealers against the recur-
rencr " police raids like that OF Thursday
night Two delegations called on the Mayor to
invoke his influence and ex-Judge A. j. Often
hocfor nj the instance ot Henry Clausen. repre-
scnting the Brewers Association. undertook
test cnsc in the courts. The two delegations
That called on the Nnyor were from the Liquor
Dearrs Protcctiv, Union and from the Ger
man beer sellers. Mr.. Oswald Oucndorfcr ac-
compauicd the latter They set forth the cru
city OF the sudden arrests made after court
bours in view OF the fact that the same persons
bad hoer permitted to sell liquor all summer
under the supervision Of the police, having paid
their license money and taken receipts there
for Some ofth"m had even filed their bonds.
TLo Mayor snid that he had only the power Of
advi'e and cntreuty. Tut he promised to do
what i' could.
AT niout o'clock the Mayor called on the EX-
else & lmmissionors. In answer TO his indui
ries. th"y snid that they had tried to do all
they could in hehuli ~ respectable liquor deal
ers hy granting licenses whenever the law
would permit. The law however. was in dis
pute, and they had been unable to grant liccn-
pes latrlv. In many cgsos the applicants had
failed 10 nie sat sfa"tory bonds. I'VE are
sorry," President Morton said. that the police
have not Disseminated between those dealers
who have paid their license fees and those who
have laughed at the law We shall work extra
hours. and do all we can for the benefit
Of denl'r- who are now pressing us hard for
llccn-es."
With This assurance. the Mayor called at the
Polic, Central ON %. Commissioner Erhardt
was the only member OF the board in the
building.
have come" the Mayor began TO COM
plain Of the unnecessarily harsh and cruel
manner with which the Excise law has been
enforced. Many Of those who were arrested
paid their money for licenses In good faith a
few weeks ago and filed bonds which were ac-
ceptel They did all that 1t was possible for
them - do 10 Obey the law. In previous years
they wsre permitted 10 sell liquor in the inter-
val between the payment OF the fees and the
atnal granting of tn license: yet last night
thvs were arrested W tiput warning and after
Couri ulur-. 81. n spHsmoiic enforcement OF
IT, laN serves only g. make all laws odious."
Comm --.on"r Erhar't replied that personal.
" q WIS his dnsIr. that dis rimnat should
ie m io, ami TINT the law should bo enforced
WIZ .- little harsln - as possible. but that the
hiaiui = did not permit him to give any such in
hfu iO ms OH Tally TO tho police Captains. He
haid {" trust 10 their sood sense.
strur. ihr CAPTAINS to-day not to make arrests al
Ter court hours p
/ cannot, was the answer. without rem
deriic niy- II liable TO indictment"
Con- missioner Erhardt said, in conclusion.
thai ihn Mayor would agree with him that there
would hr one good result OF the raid He be-
ieNei ar wlthin month after its organiza-
upn ii' Leg stature VIII enact a sensible law
VIII WI. ,,Seryooiy eonld unlers,and.
lhat thr .aw Is not executed with unne sary
har,i gees, ana then y th'ire~ 10 caii on super;
acted lndrr II resolution OF the board. He had
gNtn ihe Captains neral insiru ,tions TO en-
,',, ~, 'n" h'w' ahd. hs superlntrndent ne was
Pot p',iniu'i 20 give direct orders as TO the
time Ht which arrests should hs made. He had
how yr endravor"d 10 hpNo the force under
stand thht arr sts should be- mad. during the
any, aud without UNNECESSARY harshncss;
TIL to-u.ution oi the board 20 have the law
nnfpi rd WIS pissed on Tues lay last. Super
lntend"nt Walliig WAS then out Of the city on a
hunting excursion. He returned to duty on
Thursday morning. and began his labors by
Eurrlhg up the llquor dealers. On his arrival
az his pnl'e he summoned all the Captains be-
tore HIM and AZ. some OF them had to ride a
ing. Ii WIS b tween and o'clock 7. NJ. when
his verbal instructions were given them. The
courts werealready closed. One of the Captains
Then We are to be held responsible from
,his llIae Tor the continuance OF unlicensed sa-
Yes the Superintendent replied. you
are"
At2 o'clock yesterday afternoon. Mr.. Henry
=,
liun Troch; barkerper arrested At 203 south
s'r'''t at o'clock yesterday morning. and his
elN. oyer. Carl Ordemann, entered Essex Mar
k,tPolre Court with Patrick English the officer
whp mate tie arrest. The lawyer told JUS
tIee smith that he proposed 10 sue, out
fore wanted 10 20 through formal
esSSamlpatlon that the facts might be on re ord
The following points were then established 10y
testimony OF Orlsmann. TrOeh, and the OH GER
an carefully written own 10y the Justir". Tnnt
vfi mann Keeps lodging house contain twcn-
81 NJ ~ ~ IA llsh.lE tf
2 last u' paid .15 to the Excise Board. and took
y rnrriut Tor ia" same: that he was told when
NJ ptld IN" money that he should be informed
wh' ih" license Was ready that he had ap
plei ilrrr times sin e Tor his license. and been
a, IT,, 'l va thal h. should have notie' when it |
VIZ Hii that Tro'h was a-ting under his or
N'F- t- BARTENDER; that TrOch sold liquor,
ani NH' me ON 'er had no warrant. This trsti-
innhy having been taken. the lawyer cOnyersci |
!yurnwrn was announ ed, as II was too late IN |
NJ" Nly 70 - ont writ 10 take the cas-" 10 |
Hat 'ufI Iru"h vas Released on parole.
IN. Brewers Association lawyer declined TO |
CIV ~, etound, "n which he should base hi, |
Np' alton Tor writ II habeas corpus. but it is |
~ ~ an rstYoi AMONG the liquor dealers that |
~" Ilih 'lpu point tp bt made Is that TrOch WIS |
.ll ST." without warrant IN case in which |
",i ~ lh"nV oi tmr To obthln one. .
Al - priD X EXCISE Commissioners Morton, |
Mui' and Iatt rson. 4ni Police Commis, |
jury ami later in the day that body made the |
io. VIM presentment before Judge Brady:
r '' and lury o the above court has Examined many
nN A. lh M" sranun. ui licenses by ule Board o TX
- t"iu esinNrs, since tie decision Of the Court VI
Ap'ai, 90 March last AFTER pau.nt and thorough in
tS'A. i+Ii. tie Grand Jury desires present
Nle court the whole system u Excise IA
ttu~- IS now hdfnlnlsur.d, 4 public scandal
ihe 'faid jury believe that IN large number IN
IL Nrs mere alpica are made ioT hOl licenses u
we ~ cs', hat the parties so spplyiug swear falsely
~ uai iAe slightest examination BY III, Commissioners
se.l ~ many cases show This to br the tact Wm' they
i u rev upon the reports Of their insp, ct1rs which
u't' 1hpHny and he endorsed NJ OIL each apple alton
e tNi nee shows uat the inspectors have not bren
b'iH .rfs but SIMPLY are expected to report "On
,,.' winch allows very great Latitude and exposes
81" ~'ore temptations IN making report which
i Jury and that one of the most serious causes
pr hurenis the TACT u taking the tee tor licenses
n NJ W applicants, and although the receipt which Is
~" W. 70, sd}s ttN are to return II Mthn ten days ani
'N h'euse, ytt We hnd that m great many
W thls do not call Tor their hccn sow luvto their
tiN"'i' ~ ufMsh bonds, required b. The law, by
~ rear of refusal ON abe part 0i the board 20 lrant
~ mon and, months aiuTwArd, has notified the par. |
b, 'H 70 ..aA togtAht Incense yet the lArths holding
- IT, lli 90 ne hoard for the money paid claim tlt
ft- 30 slntlous liquors, huiding the uceilt a. be-
t .ily, WIN, Tie police have recognized the re- |
a a lHt tnniius a right
wan '.r.in- hniiis themselves inti,iba for hotel
Il 'I ulr Niri class. tall back On an ale and heer
'W 'n openly Nluatr the law - ttlAns snrt |
~, NJ, > also Tho rNiience bclsre III. GTaud Jury
t'', i'in IN saying that tie eNasiun O the law IA
A. 49,. Is wen uhuvTnsud ny Ihe oiilciHs in The EN
'.' ltuon Of the Board 0f EScise seems mainly to
s. NY" uncl money they can tate IN, md th,lr
,n., N iie lact mat IA many eases months eMp-e |
receipt Oi the money by them before tie daris. |
A n. tn fNIf llffn