The New York herald., 1879-01-05
AN EXCISE TEST.
The BarrOOm- Hotel Question to Go Be-
fore the Grand Jury.
JUDGE KIIBRETH'S DECISION.
Commissioners Morrison and Merkle
Charged with Misdemeanor

missioners Morrison aud Merkle were arragned
before Judge Kibreth at tho Tombs Po
lice Court. charged with having unlawfuly
licensed the saloon OF Byrnes L White. ON
west Houston street. Several examinations were
held and couple of volumes of testimony taken.
Yesterday Judge Kilbreth. who has been sitting at
Essex Market Court since the LIST of January. gave
his decision follows:-
JUDGE KILBRETHs DECISION.
The accused Commissioners OF Excise of this city
are charged with inisdemeanor for having, on the
+. Byrne and Edward White license to
sell strong and spirituous liquors in quanti-
ties less than hye gallons at at q time to be
1t was conceded the examination, established
by competent testimony. that Byrne ~ White have
No 10 West Houston street barroom; that.
in September. 1877 they filcd with the Board of
which, having already on two occasions-thc latter
late as February 20, 1S7s--becn reported
npon untavorably by two inspectors OF
the third time. referred to another in
spector, aud on his favorable report the license
issued upon the same day; that at the time the
license granted nineteen similar licenses to
keepers of hotels within two three blocks of the
premises and DDS similar licenses TO keepers of hotels
III tile city had been issued and still i'll torQe;
that the Commissioners had information, and
made no effort to obtain any,, that hotel
was required tof the actual accommodation OF travel
lers at the place. that the applicants occupied
trolled only the first floor used barroom, and the
rear part OF the second door recently acquired the
basement being restaurant kept by one Cuzen also
licensed to sell ale and beer and the remainder Of the
premises being used as workshops.
NO ACCOMMODATIONS FOR TRAVELLERS.
That apart from the barroom there were no accom-.
modatons for travellers except three beds and bed
ding, a washstand, table with dozen plates and
cooking stove with or two pots for cooking pur-
poses. All originally contained in room, which
was afterward sub-divided upon the sugges-
each bed placed in separate room, five
by feet in dimensions; that the room or rooms
mentioned had never been used by the applicants.
by any person with their knowledge or consent for
sleeping any purpose except for sorage that there
was no means of communication between the bar
room and these bed rooms except by passing
out upon and over the sidewalk, and the same as to
the restaurant kept in the easements that there
servants employ es, except boy, who usually
came at seven O'Clock in the morning and left when
his employers were ready to let him go; that there
was hotel sign. a book called register but
containing entries, and copy of
laws in rooms; that the Police Captain
of the precinct in which the premises situated
against granting the license for the that the
applicants kept the place as resort for thieves
ana ana prostitutes. the substance OF which pro.
to the notice of the other commissioner
aud was the subject of mutual comment; that
they gave further attention to this protests that
they neither looked for sought any information
so far as appears, as to the good moral character of
White; that the only information they possessed
favorable to the moral character of Byrne de-
rived exclusively from few persons who
licitors for the granting of the license, with
to the commissioners. and had the most limited
of knowledge of Byrnes character. his place
Of business or his associates that this person thus
relied of the applicants bondsmen and
had been active in securing similar licenses for six
seven other persons from the same commissioners
within q short time; that Byrne was at the time
under three indictments for selling liquor without
license. upon all of which convictions subsequently
ensued.
AN uNnEEpED PROTEST.
Testimony was also given by the complainant an
agent the Society the Preventicn of Crime and
TN fle ipY ba nra gfadt In
them against granting the license and filed this writ
ten protest with their chief clerk
This is denied by both the Commissioners, who
further say that they have been unable. by searching
to find such protest the files, though the chief
clerk. who was a witness, did not deny the fact of
such filing.
The Commissioners presented copy of a resolution
which they forwarded to the Board of Police, asking
. report upon the character of all places in the city
where strong liquor ale and beer is usually sold,
and which was returned to them by the Board of
Police c,s wtA hnS tns imsgeston that the Board
to furnish such report. The purpose of
its introduction is not clear since the resolution
was forwarded some three weeks before the license
was granted. and the protest of the police captain
gave to the Commissioners the desired Information
to this particular place. Further evidence offered
to show that the charges made by the captain against
the character of the place not true and that m
max ng them he was influenced by personal feeling
of unirendliness toward Byrne The latter testihes,
however that the captain previous to any trouble
between them gave notice of his purpose TO prevent
him from obtaining license, and after making due
allowance for the character position and opportuni-
ties for knowledge OF the several witnesses, feel
constrained to acquiesce in the proprety of the
test
A SMALL NuMBER OF HOTELS .
Commissioner Mcrkle states that he regorded 99S
hotels as very small number for the city of New
York, and for that reason did not make
any inquiries as to the necessity for hotel
at the place. Commissioner Morrison states
that upon the occasion of personal i'm
spection which he made of the premises
very hasty and superficial one--he told Byrne that
he should place his hotel in better condition, but
did not uuulre whether his suggestion nal
red out; that Byrne afterward to the Office and
said he had complied with the law and was ready tor
inspection, and that he NIorrison) thcreupon sent
another inspector. who reported tavorably
It is clear beyond all reasonable doubt that the
applicants did not propose to keep hotel in the
legal intendment OF the term. The place kept by
them is not the kind of hote, contemplated by
tue statute. To call II so would be per
OF which some suspicion evidently enter
tanned by at least one of the Commissioners As
suredly such license should not have been granted
under the law it now exists and the responsibility
for the manifest violation evasion of the law must
rest entirely with the Commissioners.
HARD HITS AT 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 forces me tn the conclusion that there
il probable cause to believe the accused guilty o the
enter into rccognizance with surety In the sum OF
$1,000 to answer to amy indictment OF the Grand
Jury.
Bail was furnished by Michael Brcs;n NJ No II.
East Seventeenth street. for both Commissioners
after which they immediately left the court room.
WHAT COMMISSIONER MonnisoS SAYS.
In conversation with a HERALD reporter Mr.
Morrison, who is President OF the BOARD of Fxcise
stated that the decision of Judge Klbretb to-day was
temporary victory for tn. fanatca element of tho
community; that the Society for the Prevention of
Crime desire to prcvent-no matter what
their professions may bc--,li licensed iiuuor
selling In the city OF New York. They selected
Judge Kilbrcth as man imoucd with their ideas TO
go before to procure decision favorable to their
views.
1--WE took every precauton TO ascertain that the law
complied with In this ease, said Commissioner
Morrison. 'and II Messrs. Byrnc * White were not
properly licensed no place in the city OF New York is
properly licensed"
RAILROAD pEnpl, \NIZATION