The New York herald., 1877-12-11
THE EXCISE HAVOC
No Nearer Settlement of the
Great Problem
WHOLESALE ARRESTS CONTINUED.
Some Little Hope for Liquor Dealers
RepOsed in the Mayor.
GRAND JURY PROCEEDINGS
The Argument on Habeas Corpus Be-
fore Judge Davis.
WHOLESALE ARRESTS CONTINUED.
GRAND JURY PROCEEDINGS.

The CONDITION OF anairs under the present aQmtnig
ration of the Excise law continues to be the absorb
Ing topic for very considerable element OF the CONF
munity. Some things OF interest were done yester
day to help to adjust the present dsgraceiu tange,
but no decisive step was taken. The state OF affairs
Is much the same 1t has been since police
menced making wholesale arrests, and promises TO
continue unchanged until the Legislature shall have
convened and something Is done to procure the pas
sage Of a reasonable Excise law. Some hopes
ertaned OF Mayor Ely's power step In between
the helpless dealers and the police, but the.
from which it was believed his power would flow in
the premises 1t is now thought has been long
dried up from disuse and tho assumption
by the Legislature OF the powers formerly delegated
TO Mayors. Frcm casual exam ion OF the statutes
and the old Montgomerle charter Mayor Ely thought
Saturday he might be able TO invoke the power of
that old charter, and II he found no would be pro-
tcctcd in the act hs Intention was TO Issue licenses
under It, He then called the Corporation Counsel TO
his aid md submitted the matter TO his Judgment.
Yesterday HERALD reporter called on the Mayor to
ask what decision, If any, had been arrived at In Tho
course OF the interview the Mayor was handed let
ter which proved 10 be communication from Mr..
Whitney. II stated that lar hasty
examination would show, the Mayor had not
the power to act under the old charter
and added that soon Mr.. Whitney could obtain
the time he would make moro complete examina.
ton Of the books and give full opinion. AS the
Mayor read the letter he remarked that under present
circumstances he could not say what he would d. He
feared he could issue any test licenses he de-
sired, and all he could say that the Of his
being unable to interfere, as now appeared be tho
case, would only the moro enectually provoke that
portion OF the community mercy OF law and
probably hasten legislative action. The Governor he
knew would not interfere, and SO the police would
10 u lho nDnra.
citation OF it
THE EXCISE DEPARTMENT
The about the Offices OF ,he Excise Depart
ment was one Of active, elbowng crowds Of men and
women squirming through open doors. jostling
through halls and passageways and blocking up the
sidewalks. The Board in session the greater part
oil the day. and ale and beer licenses being
fast possible IL understood before nightlan
that some sixty Of these had been issued to persons
holding receipts Tor money paid on account OF licenses
license for which this ice Is paid has IN many In
stances bcen applied Tor At tho specific time and
either grant refuse It, but has still hold
on to the money promising 10 givo the matter early
attention. Now that rush of business is precpit
pn the board by those already arrested as well the
who have thus lar escaped arrest but desir
Gus OF complying with the law the difficulty o prop,
increases, and with II the peril and apprchensio OF
largo number of inonensivc people who complain that
they being driven to the wall by the police merely
z through the iaut OF the Excise Board The EXCISE
Board adopted the following resolutions presented by
Commissioner PaIterson:-
Whereas the Grand Jury this county criticised
he action Of Board accepting license
sprtuous liquors ale and beer ut the time OF making
.sh epsasonn and before the g.Sa.i.s Of the license
eeiyed until such sue" license has been granted;
Board from applicants for license until such license has
Rsssived That no license fee will be received by this
Board for the sale OF ale aud beer
While tho HERALD repor ter was copying the resou-
Dnno n rms pinfG IN 1catnn Pur
terson entered the room, and AT the suggestion of
Commissioner Morton, ordered the clerk not to give
The clerk, hearing this, snatched the portion
copied from the writer's hand. saying ne must obey
that the concluding portion OF the final resolution
provided that applicants for ale and beer licenses
would be sold on The premises indicated Two
Eolel licenses, II was understood, were also issued
yesterday, and bonds without number filed.
Among the visitors TO the Board the propriet
OF several large downtown restaurants Mr. Delmonico
nclnded. His application for license, II was under
Stood had been mislad and he remained In the Excise
office the greater part Of the day awaiting the result
Of search Tor II.
POLICE HEADQUARrgRa
A visit 10 Police Headquarters was next made, with
discovering hat Instructions given
by the police authorities The reporter was
that arrests would conrnue to be madc wherever
any one was found selling liquor without
license The captains OF the different precincts
have notified that they will be held responsible
or the endorsement OF the Excise law In thor pre-
sncts. These were the general instructions under
for the enforcement OF the law, although exactly what
tnat law every one seemed TO DO in doubt Inquiries
NJ the different precincts ELECTED the fact that this
rigid responsibility follows the order all the way down
from captain scrgeants and from sergeants patrol
All OF the poicsmon are held respons slblo
for the en- OF the Excise law on their beats
When asked whether the patrolpen had been given
copies OF the Excise law tho police authorities replied
that they mad not, and intmated that the question
was rather superfuous They were presumed 10 know
what the law was and this presumption sufficient
..rigd responsibility" Thus, eaoh policeman is
thrown upon tho exercise OF his own judgment :
whether the law s bong complied with or not
Ex-sHERIFF o'BRiES's VIEWS.
There was rush OF prominent citizens to the
Mayors Office u MISSION Of inquiry as 10 the proba
rests. Several liquor dealers and politicians
among the number. Ex-SherlG OBrlen, Ex-Governor
saiiod during the AFTERNOON. Mr. Emil HolIender, a
prominent liquor dealer, stated that he was about TO
take out beer liconse and gvo up selling liquors Tor
The present He asked the Mayor how long tnis state
affairs would in his opinion Mayor Ely thought
The trouble might last until the 18th Of January when
the Legislature would probably take some action.
Ex-Shorin O'Brien came TO the Mayors office be-
half OF number OF liquor dealers. who bad solicited
his influence in the present emergency. He emphati-
cay the course certain branches OF the
city government In this connection, and sad:-l do
not think greater outrage could have been perpe-
Irated upon business than the recent action OF
The Police Commissioners In arresting liquor dealers
VINO have paid their money Ior licenses and
number Of these gentlemen have come TO
me and asked me TO do what l could
here urge upon Mayor Ely the necessity OF doing all
In hrs power TO assist the liquor dealers In their en-
barrassment. l have assurances that the gen tenan
viii do all ho possibly can In this direction. Many
poor will be ruined by such treatment They
have entered into agreements with their landlords TO
pay large rents, ana now they dnd their business
stopped enlirely, although The Board OF Excise has
taken their money. isel very much for these peo-
pie am total abstaincr myself neither drink
nor SMOKE but do not believe in the utility OF q
prohibltory liquor law. II can mover work advan-
tagsousy. There are thousands oil reputable and
hignly respectable persons IN this city engaged In tho
hquor trafc. All OF this class are probably much
opposed to drunkenness as am myself They desire
10 conduct their establishments respectfully
and look TO the Law Tor protection. In-
stead OF protection they met with
persecution. IL Is scandaious that tnoy should be
arrested al night whom they have no opportunity OF
getting bail The police Justices too, should permit
them 10 20 their own recognizanccs without lore
Ing 10 give ball In cases where II Is exceedingly
questionable whether any legal offence has been all
com mmi,ted" Ex-Governor Holman gave II US his
opinion that the Mayor had no power to issne
licenses
BEYoRE THE GRAND JURY.