The New York herald., 1878-09-12
EXCISE TRIALS.
morning.

DECISION OF THE COMMISSIONERS IN THE
CASE OF DANIEL EaRLY-ExCEPrIoN TAKEN
By DEFENDANTS COUNSEL.
Tho Commissioners of the Board OF Exoise yester.
DAY resumed the trials OF tho alleged delinquent
liquor dealers against the Society the Pro.
venton OF Crime has complained, and asked that
their licenses be revoked. The first called was
that OF Robert Burkhardt, doing business at No
81 Bowery, who is charged with having OF
May 20, 1873, sold two glasses Of GIN
violation OF tho Excise law. Mr.. Gesner
counsel Tor the defendant, produced a letter from
Commissioner Osborn, setting forth that the accused
had been brought before him aud the complaint dis
missed Counsel urged that IT evident IRON this
letter that offence had been committed and asked
Tor q discontinuanc0 OF tho case.
Commissioner Morrison said that while it was ev.
deat that the Unitea States Court had exonerated
Burkhardt, still the Comm miss.oners could not tako
cognizance OF such cxoneratiou, as they had had
loyal nothcat,on Of tho action OF tne Court In the
promises.
After some further remarks OF counsel the case was
adjourned TO the 23d inst. at four O'Clock T. NJ.
When the case Of Daniel Early called Mr..
Childs, clerk OF the Bosrd read a lengthy aud ex-
haustve decsion OF the Commissioner In regard TO
The argument advanood at previous hearing 0y ex-
Judge Dttenhooier, couosol for The accused, and in
which he insisted that the Commissioners Of Excise
had right 10 revoke the licensc OF party
ground that they were NOS legally constituted
Board. 4
TEE AUTHORITY THE BOARD AFFIRMED
The decision proceeds state that the authority OF
boards of excise Is distinct from that OF the
annulng licenses, and quotes from the laws OF
1857, 1870 aud 1878 IN support thereof 1t says that
tho law of 1873 gives discretion 10 boards
OF In institutIng proceedings where
any party has been complained OF BY any
resident OF the city, and that the representa-
tives OF the Society Tor the Prevention OF Crime
may DO considered to act as individual residents OF
the city 10 making these complaints. The language
OF the law makes II imperative that thero must then
be mInatOn before the Board of EXCISE itself.
and this without reference TO any other proceeding
elsewhere AS to the second point OF objection, The
decision holds that the authority to revoke license
s made part OF the act OF 1870 AZ
this odescs is also provided for in tho
act lho obj cotton raised. states seems 10 fall
TO The gr0und. After passing In review tne other OBJ
jccti0ns tho decisOn concludes as follows 1.-THE
present Commissioners OF opinioo, thsreiere that
prsted by judola authority constants them 70 pro-
oeod with the hearing OF this compliant Thoy there
fore overrue the objections made and direct testt
mony 30 be taken"
Ex.Judgs Ditlenhoefer then addressed the Com
missioners, claiming that they mad no authority to
take Testimony IN this they were lot judi
cial tribunal. He said there were many points in
that he would, at tho proper time, huvo
TO review 1t by writ OF cortiorafi in
tho Supreme Court. Under these circumstance, ho
said, il had been agreed between Mr.. Whitney and
himself that further hearing OF tho case be post
poned until October AT one O'Clock p. II. II was
accordingly set down Tor that time.
The witnesses in tho case OF Maurice BaumeL .
pearance matter further postponed until To-
duy ut eleven O'CLOCK.