The New York herald., 1878-08-08
THE EXCISE MIDDLE.

Ex-JuDGE DIrTESHoEFER RAISES POINT
WOKE LICENSE?
There WAS a lively skirmish at the once OF the
Board OF Excise yesterday, between the counsel en-
poyed ny the liquor dealers. against whom plants
had been lodged By shs Society lor the Prevention OF
Crime ana the counsel oi the society, d. j. Whitney.
Al former meeting Of the Board ali the heard
yesterday had been called aud LAID aud further
postpoucment appeared 10 DO the desire OF the
ienuants, but Mr. -wntney YVES as determined nave
the exanina nation proceed at once.
The case OF Fritz Jaegur, Of No. 130 Third avenue,
was the nrsl called. He charged with selling
beer sunday, June 23 An adjournment Was
asked Tor on the ground that Mr. Jonn r. Fellows,
counsel Tor DEFENDANT was absent on account Of sick
ness Mr. whitney was anxious 10 proceed, but
upon being shown . telegram from the absent coun-
sell agreed to have tho case 60 over TO september o.
The that OF Louis Mioious, OF No.
4o4 First avenue. charged win having sold beer
Sunday, July II. postponemeut was asked
tor IN this case also, ana Nr. Whitney op-
posed 1t strongly, sayins that II was a
necessary and tkit II granted tue same request
would De made again when The time wnicn mignt be
fixed upon would arrive. The case, however, went
over t. ptc mber o. aid also tna OF DAME uuduer
OF No. 439 Eas. Fourteenth street, which tolio wel.
Delay MAS asked the OF George wasse-
man, OF Ma 449 Fourth avenue, out IL was decided
hear the cass alter mo conclusion OF .umsnt 10
another.
NEW POINT RAISED.
There was very lte interest III tue proceedings up
to this tme bat " heu the case OF Jonn Early, ~no
OF Sixiseutn street and EgDth
called, Tue prompt response oil ex.Judge Ditten-
boeier brought hopeful iOoK 10 the iaces oil the
twenty more nquor dealers VINO we're present.
Mr. Dutsnnoeisr aadressei The commissioners in d
right 10 revoke license IN the arst place and IN tue
second the Case Was Oe,ore higher tribunal. His
client nsd been indicted tor tue sAme onsuce and
would be tred 0y jury. The question OF iact as 10
wnstner he had viof.tsd the law should os deter
minsd by tnat jury, and then II tue law authorized
1t LIS license might ts revoked ny the Commissou-
ers.
Mr.. Whitney was ready to 90 and asked that the
Com missioner Morrsou decided to hear the testi-
mony tor the prosecution, ana 10 bear tue rsument
oil ex'Ju uuge Dittennoei.r a. u subsequent date.
TINS WAS objected 10 ior the rsa on tina. ii suon
plan were adopted she result would Nv u dez
hunaPed nall finished oasss
ExJudge Dittsunosier then proceeded TO state hts
point, claiming that tue Excise Commis ssiohers nave
no power 20 revoke = nc nse. Cnaptcr Ito OF tue
Laws OF 1870, appointing Commissioners OF EXCISE
the cti. and Low Ms throughout the State, couans
section (S) which provided mat the Niagara frontier
OF the law, and that the p0lioe authorities nave con-
troll oil the SAFE OF liquors until tue 1st January,
lS72 Chapter $40 OF the laws oil 1873 IN section L.
passed May IL provided that section o the laws of
1870 DO amen led to give The Excise Com ms.
slouers the right 10 hear complaints o vo.ations Of
the Excise Jaw. aud upon conviction 10 revoke the
license of the guilty person. Counsel Claimed that
the subject matter OF the section of the OF 1873
auAeua,ng the Jaw OF 1870 not german TO me
contents OF the section u purported 10 amend, and
tuaI such section existence alter January
!, 1871
The point Is . novel one and discussed with
good deal OF relish by the liquor dealers The only
0iher interest that OF f. Burkhard, ot No
81 Bowsry, charged with selling Ueer sunday, May
%. HIS O. unset also Gained tbat the Comm
had no jurisdiSton; that no sucn person y. Burk
hardt held u llcsnse to sell liquor al No 81. IL
discovered tnst the license was issued 20 Robert
Burkhardt on June l, 1873, subsequently, TO the
date OF the alleged violation OF the law.
Alter iiseuipg 10 the evidence or prosecute in
several cases tue Commissioners adjourned.