The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-26
THE EXCISE MONEYS.


FURTHER PROCEEDINGS BEFORE THE REFERRE-
COMPLETE LISTS OF THE MONEYS PAIp
PROMISED BY COMMISSIONER MORRISON
CLAIMS COMMENCING TO COME IN.
The examina,o before J. s. Potter, referee In the
consolidated actions OF John McGrath and John Bohm.
falL plaintiffs against George w. Morton and others,
defendants and that OF George W. Morton and Jacob
NJ. Patterson, Jr, against the Mayor, Aldermen and
Commonalty OF New York, the German Exchange
Bank aud the Pacific Bank, was continued yesterday
at No II Cortlandt street. Several counsel were
present representing various interests ExPrcsdsnt
Morton OF tho old Board OF Excise, came In shortly
alter the proceedings commenced, and during the
session rendered all the assistance In hrs power TO
further progress OF the oy lucdly explaining
features in the books OF the Excise Office pro uced
by Commissioner Morrison, which might have other.
wise proved difficult 10 comprehend.
THE EMPLOYEES BOARD
Commissioner Morrison, having been recalled to
the witness stand, Produced list Of the employees OF
the Excise ONCE as they were on January 81, 1873
and testified that from his own knowledge they had
been IN tie employ Of the depar, mcnt since May /,
1877. At the suggestion OF counsel the witness
checked on the names OF six on the list, those per.
sons having recently been dismissed and their places
filed by others. Mr. Morrison, on being requested "a
do So furnished the names OF the six new appontess
He gave a for not checking OIL the name Of
george W. Morton among those connected with
tho depart ment that Mr. Morton claimed to De si
Commissioner Of Excise. OF the six names marked
OF tho witness testified that two had been dismissed
q short limo ago md the remaining four last week.
One OF tho counsel said that he considered IL
altogether unnecessary to know VINO constituted the
clerical in the Excise Department. to which the
referee replied that the order Of the Court mado Il
incumbeny on him TO ascertain whether any OF the
receipts tor moneys deposited by applicants who APP
pied TOR and did not obtain licenses had been ken
up by any employe OF tho Excise oce; and that the
inquiry to who they were vas quite pertinent ~
| beng preliminary TO that OBJECT This explanation
regarded satisfactory by the counsel who had
evoked II.
The witness then produced incomplete lists OF the
copies OF applications Tor licenses as found
In the application book, with the TACT stated against
zach name as TO whether or not license had
been granted 10 the applicant ME- Morrison also OK
an incomplete list OF the names oil applicants
to whom licenses had been granted With the class OF
license, number AMI amount paid therefor On icing
asked BY counsel Tor the plaintiff whether The books
OF the Excise Department show any dismissais OF
poyes during tho year 1877 tho witness said that be
! had never examined the book OF minutes Tor thai
year; but he say tha, all the men In tne once
on tue OF January last had been there on May l,
1877 In regard the lists OF applicants for censes
| and tho amount OF moneys deposited by them the
witness stated that he expected 10 have them CON-
| pletsd In about week, when no would furnish them
10 the referee the sts already be placed
record until completed. THIS concluded Ihe examine
ton OF Commissioners Morrison
| APriDAyIr.
| Mr.. Tomlnson said that a. counsel for George w.
Morton he dssrsd hear read the form Of anidavis
that had becu prepared ana which no Understood
INTENDED be printed Tor the uso OF Claimants under
the order Of the Court IN action He said the rea
son why he made the Request was that the aasvi, a.
he understood H. was calculated 10 alter the whole
course OF tho examination.
Tho referee replied that he had not yet decided 10
use AFFIDAVIT that had been drawn up and that the
matter was still under confederation
Counsel for Mr.. Morton then stated that he thought
the referee had decided 10 adopt the affidavit IN Its pres
form He said by the theory Of this suit he stood
INN nul0 hAFfn hna fha
liquor dealers tho city The point no objected to
that affidavit called upon each man before being
not dong business tue receipt given him BY
tue Board OF EXCISE when he deposited money On
| making Application Tor n license This he considered
improper and unjust; all that should DO repaired
for the to swear that no paid money and received
The referee intma,sd that the afiiavi,, even II
adopted In its present form, would not be compulsory
disposed might refuse 10 subscribe 70 that portion Of
alluded 10 by the counsel
SOUGHT.
Mr. Tomlinson claimed that tue affidavit as at pres.
ont drawn Up was calculated to show whether ths
claimant had been using hts receipt as license,
examination. He held that even n Tho parties did
sell, using their receipt rs license, they had per.
feet right TO their money as represented by SUCH re-
ceipt. That form OF affidavit, IL issued under the
sanction OF tho referee. urged calculated to
this case, inis.nucn 1t would deter VINO had
been selling tho strength Of the receipts IRON APP
pearng before tho referee through fear Of prosscu
! ton Tor having violated the Excise Law.
Tho rsicrco dissen,cd from tho views taken By
counsel In regard TO the form OF the affidavit and
sad that u was prepared especially tor the use Of
those who had PAID money Without obtaining
| present and prove their claims
Mr. IomIinson announced mis- intention OF pro-
testing against mo Injurious elect OF the sindav 10
IT'S present form, aud claimed that the receipt was
license on its lace, and the party holding II haa right
I to sell under IT,
The referee said that he was required, amonx
other matters ascertain faBy those receipts had
been used licenses. Ho DO these claims
la Instl I'm IN n m In i'm
| proved before au adm IN strator. For his part he
ailed sec. IRON the recsips prcseu ted, any evil
| dcnce OF the aBouut paid or whether = license had
been granted or otherwise. Tho Court holds that,
before aBy party snail 20 entitled 10 this fund, he
| must verify his claim.
referee IN that respect saying that n those receipts
DO accepted rs evidence their faces II would Dc
manifest Injury TO the cause OF his client The roll
cree he thought, should proceed ID In regular case
OF litigation aud require tue claimants TO appear anc
| furnish absolute proof OF their ciattna
Receipt PRESENTED.
Richard Weaver, OF No 2s3 West Thirty eighth
street. through his agent presented receipt from sht
old Board oi Excso Tor 49, and dated July 10, 1871
Tue matter was held IN arrogance until the OF
nffdavi bad been decided upon. Joseph H. stinei
presented three assigned claims IN tue form OF a.
mauy receipts Tor si5 each gwen 10 parties under
circumstances similar to the above, said he had
about iorty others 10 submit 10 tue referee The hear
| Ing OF his case wont over until to-day.
II IS stated that any liquor dealer havip. . claim
against the Excise Department not under any obli-
cation TO employ counsel IN prosecuting the same.
All TINT Is required Is Tor tue claimant appear
ofo the referee, and, having nled hts claim, verify
| Ia such manner ~ tue referee shall decide upon
|
A SCENE II OhEGON.