The New York herald., 1878-03-01
EXCISE MONEY.

APPLICATION FOR A RECEIvER--Ex-CoMMIs-
sIoNERs MORTON AND PATTERSON TO BR
MADE TO ANswER FOR MuRPHY's DEFAULT.
II seems that the large number OF liquor dealers
who paid their money 70 Murrhy's Bourd Of Excise
Tor prospective lceDscs and have for some Time past
been clamorng in win for license tho return of
their money have ~ last some prospect Of relief
According 10 the report OF the Commissioners oil
Accounts entire amount OF money received by tho
former Board OF Excise, which has not been APP
propriated in payment OF actual licenses granted
therefor is Sl3S, 526 S0 OF this sum $50 600
was iound to have departed with Owen
Murphy, $500 tho accountants know not where,
$40 O0ois In the Pacific Bank S2s 1921 so in the Ger
man Exchange Bank and $l9.945 80 In the hands OF
the Guy Chamberlain. Deductins the $50, ,260 which
is missing there yet remains accessible $Ss 266 60 Tor
whicn no licenses have been issued This sum 1t IS
sought to recover back have II divided pro rdtd
anong those who have paid It I'M not only So but 1t
Is also sought to hold the Two associates OF Murphy
George w. Morton and Jacob NJ. Patterson, Jr,
Jointly liable with Murphy Tor tho money he TOOK,
on the ground That the Ioss through HIM was
the result OF negligence on their part IN allowing 10
disappear by means OF official checks OF the Board
and passing OF record in the Official books To obtain
TINS relief su ut has been commenced by Mr.. John H.
,srath and John \. Bohcniaik, together with uIi
others milariy situated VINO may desire 10 come In
and share in the proceedings recover back ,heir
license money. The dcicn dants George W. Morton,
owen Murphy, Jacob N. Patterson, Jr.; Richard J.
new Board OF Excise, aud also the German Exchange
Bank, the Pacnc Bank, tho CITY Chamberlain and the
Mayor aud Commonalty
COMPLAINT.
Tho complaint sets out in iull the report OF tho
Commissioners Of Accounts, IN which the foregoing
figures gwen, aud also the OncIudirg reconmcn
uation OF the commissioners that 'the only course
which can be followed TO secure the rights oil those
VINO paid their mOnry but got no license Is 10 have
The balance OF The funds distributed pro rata 10 de-
positors under proper judicial proceedings IN which
the necessary authority can be obtained to institute
ueha q .tc
hgainst the late Commissioners 10 make good
tho deficiency as lar as they have means 10 respond
thereto
10 this is appended the ai davt Of Henry D. Walsh,
Jr winch he swears that the foregoing paper is
copy OF tho report made by the Comniss o Ac
counts the Mayor IN reference the deposits OF
moneys made ny applicants ior licenses with the
and believes the defendants, Murphy, Morton and
Patterson IN order u defeat any recovery OF the de-
nciency OF tho deposits referred to, arc endeavoring
up their property By Transfer or otherwise.
RECEIVER To d. APPOINTED
Armed with these documents the representative OF
Mr. Strahan appeared be ore Judge Donohus ycser-
day applied partc Tor an order directing all the
defendants in The complaint TO show cause why re-
eciver Of the moneys referred to IN such complaint
should not DO appointed.
Judge nOnohuc granted the application and made In
the premises an ordoi as iolows:-
Upon the summons and complaint in this action aud
upon the affidavit OF Henry D. Walsh. Jr the exhib
thereto ls, the aeiendas SHOW cause on Friday
counsel can he heard why receiver shouia
,hsreso d Se snas peenea m" eerei T. ~ sad
plant deposited with their applications for "
the pnintis and all other persons who mad APP
plication tor licenses oetwesn the ls Gay 81 May 1876 and
Murphy and Patterson. Commissioners OF Excise
Board OF hxeise, IN so lar as these funds have
not returned to the persons who depositcd tho
the rejection OF their applications applied in pay
lees Tor licenses granted and issued sad
ssioners them and that said funds be di-
vded between and paid to the parties VIII found
have made such deposits and such as may be declared
emitted according their respective rights IN
terests therein and why such other relIef DO
granted to the plaintiffs as may bo jnst
The matter will come up for arrument bafore Judge
Donohue IN Supreme Court, Chambers. this morning