New-York tribune., 1879-01-06
THE EXCISE COMMISSIONERS.


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A STRONG CHARGE BY JUSTICE KILBRETH.
HE HOLDS THAT THE COMMISSIONERS ARE CRnI-
NALLY LIABLE FOR GRANTING HOTEL LICENSE
TO A sALooN-THEY ARE HELD IN 81 900 BAIL
EACH.
Police Justice Kilbreth has had before him
for some time a charge in the OF a criminal
plant against the Excise Commissioners, Richard J.
Morrison and DR. Philip Merke, for granting full IL
cense Edward F. Byrne and Richard White, of Byrne
& White, of No 10 West HOustOn-st The proceeding
was pressed by agent Of the Society for the Proven
ton Of Cnme on the ground that the place resort
Of low characters, that 1t In proper hotel
that hotel needed there aud that the police had
informed the Commissioners OF the reasons against IL
censing the place The Commissioners claimed that they
had made all the inquiry in their power, and only afer
beng satisfied of the proprety of granting license is
sued one. An enormous mass OF testimony was taken
on either side. On Saturday Justice Knbreh called
the Commissioners and held them each to 81 900 bail to
answer an Indictment giving the following for
the action:
The accused Commissioners OF Excise OF this city are
charged with misdemeanor for having April 16, 1879
illegally granted Edward F. Byrne and Edward White
license to sell strong anc spiruous liquors IN quantities
less five gallons at time, to be drunk ut No 10
West Houstonst.
at was conceded upon the examination established
by competent testimony that Byrne White have for
nearly three years occupied the first floor of No 10
West HoustOn-st ss o ballroom; that IN September.
1877 they filed with the Board OF Excise application
TO sell liquors hotclkeepers, which. having already
ON two occasions-the latter late February 90
lS7S-bren reported upon unfavOraby by two inspect
ors OF the board April 49, 1875 for the third time,
referred TO another inspector, and his favorable
port the license issued upon the same day that at
the time the license was granted nineteen smi ar IL
keepers OF hotels within two three blocks OF
he licenses
hotels in the city, had been issued, and were still 1T
force that the Commissioners had no information, and
made no effort to obtain any, that hotel required
for the actual accommodation OF travellers at the place.
that the applicants occupied or controlled Only the frst
floor used barroom, and the rear part OF the second
floor recently acquired; that apart from the barroom
there were no accommodati"hs LOT uaVeleIs ehcept
three be Ia and bedding, washstaDd table. with
dozen plates, and cooking stove with one or two pots
for cooking purposeS al orglIaly contained ID one
room which aftcrward subdivded upon the su2ges
in separate roOm 5x7 feet III dimensions; that the
room or mentioned had never been
assd Win 'iS their 'S1n RnSWege consent for
sleeping purposes except for storage that there
mo- entries and copy laws in the rooms that the
ice captain the precinct protested in person 10 one
The reason that The applicants kept the place
for thieves and prostitutes the substance OF which pro-
TEST was before the license issued brought TO the notice
OF the other Commissioner and was the subject OF
mutual comments that they gave no further attention
any far appears to the good moral
character OF White Gat the only information they pos
favorable the moral character OF Byrne de-
rived exclusively from few persons who were solictous
for the granting Of the license and were with one ex
ceptiOp SO far appears personally unknOwn TO the
COMMISSIONERS and had the most limited neaGs OF
knowledge OF Byrnes character, place OF bu,ness or
his associates tins person thus relied on was
of the applicants bOndsnen ana ad been active III se
cnrng similar licenses for six or seven other persons
from The same Commissioners within short time that
Byrne the same time under three indictments Tor
selling liquor without license, upon all 0r which con
yIction subsequently cnsucd.
Testimony was also gwen by the complainant an
agent OF the Society Tor the Prevention of 'rte, and
In he
them against granting the license, and filed ms written
nro,rst with heir chiet clerk This denied by boh Of
me Commissioners who further say that they have
been unable by searching TO find such protest on the
6les Though the cIer clerk, who witness dii not
dcnv the fact OF such Il ing The Commissioners pre-
sentcd copy Of resolution which they forwarded TO
the Board OF Police king report upon the character
f ali places III tnr city where strong liquor ale and
beer usually sold, and which Was returned 10 them by
the Board Of Police, with The suggestion tnat the Board
of Excise had inspectors OF their own TO furnish such
report The purpose "f ltS introduction Is not clear,
since the resolution was forwarded some hree weeks
before the license granted and the protest 81 the
police captain gave 10 the Commissi0ners the desired
information 10 this particular place Further evl-
deuce was offered to show that tue charges made by The
captain against the character OF h place We're not tue
aud that In making THEM hc was hnIehced Dx personal
feelings OF unrlendlncss toward Byfne The latter
testies however. that the captain, previous TO any
trouble between them. gave notice o ms purpose to
prevent him from obtaining license ana alteT making
due allowance for the character position, and opp0rtu.
mites for knowledge OF the several witnesses feel
constrained TO acQuesce III the prOprcy Of the protest
Commissioner Merkle states tnht lie regarded 9J5
notcls Az a very small number for CITY OF New
York and that did not make any inquiries as
fO Il
Morrison that the occasion Of personal Ill
spectun winch made OF the premises-a very hasty
and supcrfc told Byrne that, for the sake
of dccency appearances sake, he should place his
room I'm better condition.. and did not nfterward in
oure whether his suggestion mad been complied with
tbat Byrne after 10 the Office and SAID he
hoped he had complied with the law aud ready for
inspection, and That he (MOTrsunI theTeupon sent
another inspector who reported favOraby.
"It is Gear beyond all reasonable doubt that the APP
picants do not propose 10 Keep hotel IN the legal III
fendment OF the term. The place kept by them not
the KIND OF hotel contemplated by the statute. To call
II 80 would perverslOn OF terms IL Is pretence
and a shal OF which suspicion was evidently en-
tertained by at least OF the Commissioners. As
sury such license should not have been granted under
the law exists. and the responsibility for the
manifest violation Of the aw must rest
trely with the Commissioners; cannot regard their
action in any other light than the result OF wiful and
intentional disregard of the provisions OF the statute
Of gross negligence. The evidence fOrcCa 10 the
cuson that there is probable cause 10 believe the ac
cused guilty te offence charged. therefore direct
that they each TecOgnizanco with surety In
the sum Of 900 answer TO any indictment OF the
Grand Jury"
The Commiss ners seemed 90 be much surprised, but
at once furnished the required ball. Michael i. Bresn,
of No. ia East 6eventieth-s becoming their bonds
man Mr.. Morrison, the president OF the commission.
that he and his associate had done all IN their
nower 10 satisfy OF the pTOprety Of granting
nd ne Mr "A 10