The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-29
THE EXCISE MIDDLE.
Albany Flooded with For
midable Petitions.
GOVERNOR ROBINSON INVESTIGATING.
Commissioner Morton Answers the Charge
of Mafeasance.
VERNON ROBINSON INVESTIGATING.
WHERE IS THE MONEY I?
[px TELEGRAPH TO THE HERALD. !


ALBANY, Jan. 2s 1878.
The war OF petitions for ana in of a change in
tho Excise law continues tonight Senators Jacobs,
Ecc!esne aud Harris presented petitions from per-
sons In their respective districts praying for change
In the present law. Senator Wendover, who presented
vassar College petition some time since against
change of present statutes Introduced another 10
the same effect In the Assembly several pondcrous
petitions werc introduced for a modification OF tho
law, some OF them with from TWO to four thousand
signatures The heaviest were from New York city
and Brooklyn, but there were also lew from cities
west OF the Hudson River. Petitions against any
cnange Of the present law were sent In from the inte-
rior.
MORTON HAS HEARING BEFORE GOVERNOR.
At hearing gwen by Governor Robinson this after
noon in the matter OF the charges against the New
York Board OF Excise only one OF the Board, q. w.
Morton appeared, accompanied by his counsel II.
Dieiendorf and p Childs, chief clerk OF the Board
Mr. Dicncndorf read written answer, taking
up the charges seriatim, all OF which he denied He
also explained workings OF the Board and pointed
cut Measurements contained in the charges. Mr..
Murphy had been elected Treasurer OF the Board, as
The law required such officer 1t his duty to de-
post all the money Tor licenses granted and Issued on
account OF Inc Board He had no authority TO Draw
money with his signature alone. Whom he absconded
Inc respondent had made diligent enort TO Sc
sure his arrest Murphy had been directed 10
deposit the money received each day. when no
absconded nc removed from the office OF treas
and the banks OF deposit notified OF The TACT IN
order to estop payment OF whatever checks Murphy
may drawn. This action prevented the payment
OF thousands of checks, has been since learned,
drawn by Murphy. Counsel Insisted that the respond
ent, Morton, was not in any way or 70 any aesreo
now THE OFFICE MANAGED.
Mr. Morton then explained 70 the Governor the
workings OF office, saying that the business was SO
great That !; was sometimes long while before Tue
Board could make the necessary examination and
grant license; hence the uneasiness oil thoie VINO
had paid for their licenses 10 advance
The GovERNoR-Does the law authorize you to re-
ceive money in advance OF issuing licchseY
MI. MonroS-l do not know that it does, but that
has been the The money was forced upon
lie Commission Owing the decision OF the Gen
eral Term that licenses should be granted thousands
made applications daily. rendering their money, and
each had to be examined before wo could grant
The iovnRNoR--what became OF the money thus
, received IN advance? -
Nr. MoRrOS--It was deposited In inc name VI INC
Board by Mr. Murphy
The GovERSoR-But he drew it out again.
Mr. Observation-Disclosures be drew out without the
sanction OF the Board was drawn illegally.
BANKS LIABLE?
The GovERNoR-rnen the banks are liable, are they
The GovkRsor--Has any legal proceeding been lnstl-
tuted against the banksf
Mr. NoRroA-Not yet: but l have papers touching
that matter.
the GovrRxon-Have any of these advance pay
ments ever been paid backr
Mr.. MokToS-Yes sir.
The GovEnsoR-D Did you sign any OF these checks9
ME-. MoRroN-No sir.
The sovERNoR-Did either OF the others?
M MokroS-Not to yUfnowedge
The GovERNoR-It appeals that many Of these peo
pie considered the receipts LOT advance payments as
good rs licenses until a license was granted them?
Mr. MoRToS-fhat was mistake on their part
The Board ana not regard 1t. a license cannot be
granted until alter an examination OF tbe premises
the liquor is TO be sold.
The oovERsoR-I presume you, Mr. Morton, have
acted in good faith, Notwithstanding the conduct of
Murphy. Yet you WIN your associate were tne
II mat everything was done legally and properly.
THOSE ADVANCE PAYMENTS.
Mr.. Denerdorn then explained how the advance
excitement among liquor dealers caused by the RAIDS
by police he said line OF several thousand
persons stood before the commissioners ONCE daily
handing in their applications, accompanied ny the
lee. IL Impossible Tor the commissioners to mako
the uste and grant licenses; hence
the complaint oil delay.
delay i've his, aud II Is admitted there was "a
delay OF three months.
Alter some further explanations the Governor
asked whether the amount palu III ADVANCE uld not
amount TO very largo sum.
Mr. MoRToN-lcs, SIR
The Commemorative you got 1t YETI
Mr. MoRToN-Yes, sir, or u part OF H. very largo
amount Is IA bank, stopped by our direction. think
10 amounts to 500 900. Notw standing
Murphy distracted about $4,000 of our funds we have
yet 500 003 III bank; ana as Murphy owned prop
erty we have hopes Of securing return OF come at
least OF that amount
ACCOUNTS
The Governor alluded TO the accounts Of the Board
said they had been reported him being badly
confused.
Mr. Morton replied that they were in as good cond
tion possible to keep them upder the excite
ment and pressure oil business last December.
the Governor then SAID lie would examine the au-
ana IL win the charges and, he added,
al ind any serious conflict III tho statement OF
facts viii appoint a commission to take proof"
The hearing was then adjourned.