The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-13


favor Of Drury the trial no
Of 5syou no s aaa the
evidence to pssod .sesealsai TO the rsh S q 'is
tits case the Board had not refused. hut sim
ply ssn duty X. 70 upon ' tho
which nave governed the decision Of Palmer ".
rsnsSce traveller Is aos TO be barred the
# thin .ass a nS, ever aay As gs
ben by for vs. Grtsa
The xe, q 1901 he proved hs. ne pad s Ss
SaaS and ss4" zeal 1espsc,ys cS%%is.easrs
held that the license the required
F. ssa a. nasS rs John
New YORK; but he Ind tasen n, esns. from comms
sioners Of Excise. he required to 40 oy he act
no, protected Sy tl Mayors license because
neSarsa n @e 70 @s e,t Sas Il 2 lhs
the aet Of 1897 sne Uou IRON nvi n sanas
though BY All The acts on his part testified 20
CONDITIONS ron exAsrIso ncsss.s ,,.
section o. t te aGs pran,ir the rame
aud that hey sna no. be issued until ,s n
tie sixth the conditions the exist
% 81 ssS sas IN
that II the Commissioners grant any license ny
deeanor 10 hod that the net Of clerk ~ giving q re-
applcatien under operates as provisional
license III The Board shah determine whrts or :" ys
very plain Of statute Such cannot be
does not parport 70 i've any right sen while
the application Is psndins IT, l.rm ahy 'ufh
required license granted and It i given upon
within days from us date when the license II .ran.ed
10 call Ills alice nse would be TO dsorl language
something which the neither expresses nor was
49, IiE plLAY Or Tue TIE coasis s,Ipsa .r.r.v
unreasonaby act upon the application; aud according
70 a he m ,sy '9 ny n did ac Th aS
OF dny, u 4 was such not License nor can ne people
sell 90 liquors s mn h interval he acted
and !" noa Of the rs sn i ens paby
have Is 70 he onnd IA the Com. may sse
: HOTEL LIcKssEs
Tho Commissioners of Excise not to be condemned
for as w aae oes %
& sa Tns ~S a app.
either Keep q propose TO keep al linn. tavern
s1 ,ssss .se
hotes Their sign'festion - extremely we'll set
sceommcaation Of travellers which the
80 ssys and es and q pa
lodging entertnnment reasonable aud
ter ana OF aoi Juggling and
70 nsr @ ana % Or a nre o m re
receive and traveller unless his house bo
tagons infectious disease and who is really to pay or
ages and to an Indictment At tue common law Tor INSIDE
mssaor Thompson vs. Lacy and other eisson M,
the 1887 will clearly be seen when We what
license sell sprituous liquors by the drink Section q
the , to s S 70 n h
who does NOT keep or propose TO keep an I'M tavern r
aSie ana 10 be SATISFIED Of he following
5s he has s y
hote third that he has the necessary NO
tavern or hotel required THE
travellers At the place where .ne appic.ns fa'ss or
elares that even ,nen tue license shall not be
Inn tavern Or hcre IS necessary proper" all
any, ass ~ o e "s OF act
they shall Dc deemed guilty 81 a nisdemeanor
The seventh section dss, the naimam that in cities
datons that is three spare necessary bed
ding Tor the accommodation Of trsyeers but . oy no
tavern or hotel without tue other IS Tor the
by 1t wn be observed that duty At once
de cts and dcnt Is imposed upon the ana
ascertain The required facts and exercise sound udg-
while the Commit Ascertiung whether
oas and 10 exist uso sns any or isass a sss s
any everybody apply make tho deposit aud
period Of sale without the and tor nothing
The rule requiring deposit Of money equal the fixed
legal ono party for the
% s"u vas sus s and esm his money and the
Commissioners could refuse the license and restore the
good faith on the part OF tue II has led %
or nodded but no can
the law NO legal 50 lar a. It. affects The right
any os short OF the actual issue OF the license.
this be deemed harsh rule the harshness law
aud not in It's a.min',m'ors The remedy IN lame
ton repeal Of the statute by the legislature Court,
IL that to substitute their notions OF what the
~ be Il S@ ss thur" % Dsa
must be dismissed and the relator remanded.
nASDAnusISG rHE EXCISE CON aIssoSERs.
Judge Dttenhoeier, following the reasoning OF
Judge Davis ss shown IN tue above decision, lmme-
diatey after the rendition went before Judge Van
Hoesen In the Court OF Common Pleas and presented
petition on behalf OF James Kelley Tor an aterna
tive writ OF mand anus against the EXCISE CommIs-
sioncrs to compel them TO give him ceuse TO sell
liquor In the petit on 1t stated that Kelley owns
md has kept the Continental Hotel at No. 40 East
Houston street for the last twenty years II Is |
alleged that the house has nifty rooms, prop |
cry provided with beds and bedding It
is further stated that Mr.. Kelley has always |
had license, and that the Atm of last August he
applied TO the Commissioners Tor renewal He paid |
500 and got an official receipt therefor He also do.
lvered bond in the sum Of $780, nis sureties Justi
Tying in $500. He says that the BOND approved
lied with his moral character, aud OF his ability to
keep hotel, and that such hotel was required Tor
the accommodation OF travellers at that quarter They
OBJECT, however, to grant license, solely on. tho
ground that the cooking not done on the premises,
and therefore that the license law is not strictly
judge Van Hoescn upon this petition granted an |
alternative mandamus which is made rciurnaole TO-
morrow morning.
AaRAGSED IN uouRr
Less than twenty persons were arraigued in the |
Tombs Police Court yesterday on the charge OF selling
liquor without license, this peing the smallest /
number SINCE the beginning of the RAIDS The
nution IN the number, however, is not due TO any
abatement OF the ponce vigilance, but rather to lack
OF material such saloon keepers sell the "ardeuu'
work with unusual shrewdness. They scent police
TN. moment ne enters the door, and presto. |
Cnangcl every decanier rs under the counter and |
every glass Is empty. large number Of proprietors
have virtually closed up, tired vi oeing arrested.
There were egnt Cases o excise violation IN the |
Ffty seventh Street Court.
There were hiteen liquor dealers brought before |
Judge BixUy al the Jefferson Market Court and they
were all bued Jonn W. Jousseaux Keeps restaurant
No. l24 spring street, ami was arrested by officer
Hans, OF The Eighth precinct, TUESDAY ni,ht, Tor
violation OF the Excise Jaw. He testified |
that he found a numDer oil people IN the place urtnk
ing beer; but that they no ped ncms elves IRON two
kegs that were set up in the rear oil the saloon.
Jou~seaux saId That ne du not sell any beer. There
kegs there, II wus true. ON top OF tho kegs
slgn reading "For the benefit OF the poor; help
yourself" Under this box for inc offerings OF
the charitable. Mr Jousseaux confessed shat no
deposited less than i've cents 10 his knowledge. lie
..I. ..t4..ft