The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-09
REVOkING LICENSES.
FURTHER EFFORTS DgFoRE TIE BOARD OF
ExcIsE-AN ADJOURNMENT By GENERAL

FURTHER EXPORTS DgFoRE TIE BOARD OF
ExcIsE-AN ADJOURNMENT By GENERAL
CONSENT.
The efforts Of Dr. Crosby's society 10 induce the
Board OF Excise 10 revoke the licenses OF li"nor
dealers who sell liquor on Sundays assumed new
and Important phase before the Commissioners yes
terday aternooa. Al Tuesdays session the Board
decided in the case OF Andrew Early on the objection
Of Mr. Whitney, counsel Tor the Society Tor the Ere
vention OF Crime to adjournment that Mr.. Whitney
might introduce his evidence aud thon II tho defend
ant desired ADJOURNMENT II would be granted the
Commissioners rcserving tho consideration aud de-
csi0n OF the question oil tho consutioualy OF sec.
ton OF tho law of 1879 which pretends to confer
power to revoke licenses the Commissioners OF
Excise. which point Was published in yesterdays
paper.
NEW QUESTION RAISED.
Yesterday afternoon Judge Dittenhooicr again app
peared on behalf OF Mr.. Early, and sa,d That he
desired 10 raise another objection, which, In his
judgment, even il the law was constitutional,
would deprive tho Commissioners OF jurisdiction.
Tho point raised th:s-rhat the power 10 revoke
licenses was granted under SAID section Of the Laws
OF 1878 only Tor violation oil any provisions Of the
Law 1870 OF any laws amended by tho law OF
1870. Now, as the provision which Mr. Early Is
cused OF violating Is not tho law OF 1890 IN any
amended by the law OF 1870 his Is not one OF the
nave the power 10 revoke license even the law DO
vaiid and constitutional.
Judge Ditienhoeer said that be wss SO satisfied 0f
the correctness OF the points he had raised that
he would be inclined 10 advise MS client
10 treat the action OF the Board OF Excise II they
determined to REVOKE his license, AS u nudity, He
declared he dd TINS with loss reluctance and hesta-
ton because, wnen the rcnds OF liberal excise esls
latlon Favored to procure reasonable, just ana
complete codi1catiOn vi the Excise laws duriok the
last session OF the Legislature, the agons Of thls So
ciety came TO Albany opposing every interlerohce
modification OF the present confused anu mud
died sxc,.e system, and he now invited them TO the
feast they had provided Tor themselves While doing
some good their zeal outran thor discretion.
WHICH AIXG
Judge Ditteuhoeier again called tho attention OF the
Com mi 10 the Improperly 0. proceeding IN
TINS case. IL improper he thought, TINT al tho
same.,imo there shu ud be- before the
Excise Com nd final prosecution IN toe
Court OF General Sessions, both GU account OF the
samc identical oiouce und both In sttuted sud prose-
cuted at she instance OF Tho same association. tho
question OF violation OF law IS In tins, as ~ most
cases, y question OF Tact and directly WITHIN tho
prov oil Jury to decdc and as on tho criminal
prosecution IN Gu. Court OF General Sessions jury
Will opportunity 10 pass upon the guilt or iu-
Board Of EXCISE, sitting In tho position vt judges,
should acay ther decision until u jury nave
determined The fucts. The practice pursued IN
ms cass might lead TO serious mbarrassin g
ompicaiions and result IN absolute Injustice. II
may happen that ths Board WI Convict anu
sDL acquit una jury convict. In the latter event
wouu and this society rushing down 10 Tue Grand
Jury and insisting upon AL Indictment OF The Board
tor acqutting IN case IN whcn The jury convicted
Mr. Whitney Ia WOW OF The impOr tance OF those
points, declined to proceed. and tue case was ad-
| journed until the 1llh OF september 10 enable tue
commissioners CONSIDER The questions raised. This
| uoter niuatiou was not arrived Vt NY The counsel
Tor society without considerable nounderiuy iu
| q sea Of doubt. At first Mr. whitney thought
tnat not IN the province o his society TO argue
tue question raised by Judge Dutenhosfer. and ex.
pressed himselt ready 10 on WITH tho testimony
Presiuent Morrison thon SAID the questions OF law
would be reserved and tho testoouy proceeded with
but then Mr.. Whitney believed u would be bsttcr not
10 70 on nil present unless Tho Board was willing
10 decide the question President MORRISON then RAID
| tho point raised by Judge Dittenhoeior was very
novel one and Board doubtful OF It's power
revoke licenses upon charges under the law OF 1881
| tho adJourned by general CONSENT