The New York herald., 1878-08-14
THE EXCISE MONEYS.
SLOW PROGRESS OF TIE INVESTIGATION BE-
FORE THE REFEREE-rHE LIQUOR DEALERs

SLOW PROGRESS OF TIE INVESTIGATION BE-
FORE THE REFEREE-THE LIQUOR DxALERs
Still. HUGGING THEIR RECEIPTS. ~
The pecunisry problem presented tho city OF New
York ana the old Excise Commissioners through the
defalcaiion Of Owen Murphy Is apparently still Tar
from being toriy solved. The proceedings
before Referee Potter No. 81 cortland street creep
from day day, owing In part 70 she peculiar con-
ditions under which persons who paid moneys without
receiving licenses believe they are expected 10 ne
their claims, but chiefly TO the fact that op-
posing counsel are still at variance as to
the manues IN which the consolidated actions
should be conducted. At the sitting yesterday the
lawyers representing ths various interests ~ issue
we're in sitsadance The procesdisss, however. were
confined 70 IN informal discussion between counsel
on both sides and the referee In the private once OF
the latter 80 that what transpirsd 10 mainly known
to themselves NE George W. Morton, whs was ex-
pse.ed 10 testify regarding the moneys taken on ap
plicati0n for licenses 10 the old Excise Board, was
late and his arrival It found that he was un-
able to give the Information sought The referee vas
dssirous OF sieitipg from Mr. Morton the amount OF
money thst had been refunded 70 parties
after their applications Tor licenses had been made
aud unfavoraby considered. This the ex.presdsnt
Of the Excise Commission dIsclaimed all knowledge
Of, as no hsd had nothing Whatever TO do with the
It was accordingly decided that this information,
which the referee s now waiting ior will have be
determined by a thorough ovsrhanlng OF tho books
and records in the Excise Department and IN exam
inatton OF tho subordinate attaches OF that ONCE.
Under instructions OF tho referee experts have been
engaged for days past asoerianing from ap-
pcaton, chcck and receipt books need by the old Ex
OF ov.n Murphv the s names Of sness wSs naiS
moneys on application tor licenses which they never
nd n VIII a had al nO
funded wnere no license was issued and those 70
whom licenses were granted, made out but never de-
ltvered. list In POSSESSION Of the referee shows
that the investigation thus lar has resulted In the
discovery OF thiryeight OF the last mentioned class.
who applied TOR aad ~ere refused licenses VIII reach
iuiy 320, 000
them applying Tor license was refunded there are
N. oa Ens
pts present average OF $50 or total
Of The fund now awaiting a,s,s,Cus,en under
since the proceedings before Referee Potter began
each oi the lsoo parties alluded 70 has been formally
notified Of the 0roor OF tho Court In regard 10 1ing
their claims, yet up TO yesterday the whole num-
Dor Of persons hling , soeh claims with .he
or Of COURSE by ,ho form Of snidsvit
agreed upon BY the referee. and which, II SUD-
to essse,sh his claim 70 state under oath Whether he
had continued to do business on the authority Of hts
receipt as snouSn en- ~. w'rs esn:s rhis mSas o.
those holding receipt: have app:rchtiy soncIudcd TO
losc their money rather than place themselves on
record a. t:stiying that they had viulIy violated
the Excise law. t4l rsv
Mr. Harrison, who represents George W. Morton
and jacob NJ Pattsrson Jr, the plaintiffs In the INT
tatory action Is understood to DO favor OF giving
tho city possession Of the probably large surplus
and ABOVE the deficiency occasioncd by Owen
Murphy's departure, whils Mr. Tomlinson, who is
also counsel lor Mr. Morton. 10 In favor OF division
OF the money pro rata among the liquor dealers 20
whom, no asserts. IL rigntiuliy belongs Thus tho
strange spectacle 10 Witnessed Of Two lawyers ap-
pcsrng Tor tho same client and both holding directly
opposile views 10 the best manner in which the
interests OF that client may % conserved.
II was understood yesterday that lawyer con.
nected with tho Corporation had known In
comm need suit for violation OF the Excise
Law agsusI liquor dealsr holding OF tho reeeips
given by the o0 Board Tor money psio application
Tor license that Was never granted. Aftsr CON-
mencing the suit u 10 asserted that tho lawyer
alluded to wont 70 tho alleged deiihqusns and ,n-
formed him that tho action would be discontinued
II the liquor dealer would agreo 70 pay 70 tho
city money he might recover his shass or the
cxciss fund at present awaiting dtsIrbutsn. and that
the proposition was accepted. II was iurther int-
mated thata similar proceeding has been carried
extensively IN order TO prevent the fund IRON eot-
ting back into the hands Of its original owners.