The sun., 1878-01-29
PRICE TWO CENTS.
NEW Y0RK'S EXCISE BOARD.
COlilIIsSIONER MORTON EXPLAINLv0
10 GOy. ROBINSON.
The Liquor Dealers Improperly Viewing
their Receipts ns Good as License Papers
The Amount of Money that Murphy stole

ALBANY, Jan. 2s.-At n hearing given by
Gov. Robinson this afternoon. in the case Of tho
charges against tho New York Excise Commits
soners. only one member Of the board. G. W.
Morton appeared, accompanied by his counsel.
VI. DeiIcndorf. and c. 7. Childs. chief clerk OK
the board. Mr.. Dieffendorf read n written an
swer taking up the charges seriatlm. all OF
which he denied. He explained the workings
OF the board. and pointed out misstatements in
the charges. He said that Mr.. Murphy was
elected treasurer of the board. as the law
required such an officer. 1t was his duty
to deposit all the money for licenses
granted and issued on account OF the board.
He had no authority to draw money with his
signature alone. After he ahsconded the re-
spondent made diigent effort to secure his
arrest Murphy had been directed to deposit
the money received every day. After he ab-
seconded he was removed from the Office OF
treasurer. and the banks Of deposit were In
formed Of the fact in order to estop payment Of
whatever checks Murphy may have drawn
This action prevented the payment OF thou
sands uf chrrks. us has been since learned.
drawn by Murphy. Counsel insisted that the
respondent. Morton. WIS not in any wny. or to
any degree. guilty Of malteasance in office or OF
Mr Morton then explained to the Governor
the workings Of the Office. saying that the busi-
time befor. the board could make the necessary
examination and grant license: hence tho
un"asinuss Of those who had paid for their
licenses in advance. Mr.. Nor on did not know
whether the law authorZ's the board TO receive
money in adyanres,t issuing licenses not
but that has been its custom The money was
forced upon the commission. Owing to the
decision of the General Term that licenses
81 oIli he granted. thousands made application
Lilly. rendering their money. The money thus
rec lived was deposited in the name OF the board
by Mr.. Murphy.
Mr. Morton then said that no legal proceed
ings had been begun against the banks. but that
he had papers tuucning that subject Some OF
| the advance payments had been paid back. Mr..
Morton did not sign any OF these checks. aud
| neither OF the other Commissioners did to his
| knowledge.
The Govnrnor-It appears that many OF these
| people considered the receipts for advance
| payments Hs good as licenses until a license was
| granted them.
Mr.. Moron-That was a mistake on their
cannot bc granted until after mn examination of
| tie premises where the liquor is to lie sold.
| Morton acted III good faith. Notwithstanding tue
| conduct OF Murphy, but as he and his asso.
| clatr~ were the majority OF the board, II was
| his duty TO see that everything was done legally
and properly.
After some explanations the Governor asked
whether the amount paid in advance did not
amount TO- very large sum. Mr: Morton re-
is in bank estopped hy our direction. / think
| II amounts 10 over 500 OUO Notwithstanding
| tina; Murphy distracted about $50 900 We have
y,.t over 100000 in bank and us Murphy owned
| property. We have hopes of securing return
| OF some ut least OF that amount"
The Governor spoke Of the accounts OF ths
a. being badly confused. Mr.. Morton replied
| that they were in rs good condition as II was
| possible 10 keep them under the excitement ind
| pressure of business last December Tho Gov
| ernor then said he would examine the answer
| and compare twth the charges; and. he added.
| =" II find any serious conflict in the statement
OF iads / Will appoint IA commission to take
| proof"