The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-05
BYRNE & WHITES LICENSE.
DECIDING That 1T WAS ILLEG1LLY
GRANTED BY THE COMMISSIONERS.
commissioners Morrison aud MerkIe Held In
$1,000 Each ON the Charges Preferred by
Dr. Crosby's society what they Say.

$1,000 Each the Charges Preferred by
DIR. Crosby's society what they say.
President r. J. Morrison and DR.. Philip
Merkn. the Excise Commissioners were sum-
noned Yesterday to the Essex Market Police
Court to listen to the decision of Justice Xii.
hreth in the case Of Byrne and White of Iious-
ton and Mercer streets.
Early in December the Howard Crosby Asso-
citation for the Suppression Of Crime preferred
charges against the Excise Commissioners for
granting n license 10 tho firm Of Byrno md
White Detective Waite who is employed by
the Society. testified then that tho barroom wns
the resort of thieves and pronigate characters.
He produced corroborativc testimony substnn-
tiating his own. and Hverrcd that during his FREE
quent visits he had witnessed there the most
outrageous scenes. Capt. Charles Mcdonnell.
commanding the Prince street police testified
at the time that ha reported to the Excise Com
missonors that the barroom was tho resort Of
thieves. Capt. Mcdonnell had several officers
under his command to corroborate him. Other
testimony was adduccd 20 prove that the bar
room in question wis ~ bad rcpute.
Commissioners Morrison and Merkle at the
time frankly Acknowledged that they had been
duly notified of tho questionable character OF
the pluce. They were determined TO ascertain
Tor themselves II the barroom was any worse
than mauy which had hren ihvOrably reported
by Capt Mcdonnell. They employed special
secret agents and sent their own inspectors 10
report On the character of the nlnrC. The re-
port submitted 10 thom was IN the effect that
Byrnes Whites harroOm was better. IL any
thing, than several iavorhbly reported upon.
The commissioners then visited the place. and
after suggesting several improvements granted
aliccnse. They did so by advice Of IL eir lawyer
and according To the iull understanding OF the
letter OF the law as interpreted NJ the time.
Justi"" kilbr"th. in rendering his decision
Yesterday. dwelt especially upon the different
interpretations of tho strict letter OF the law
read a long decision Of chief Justice DAILY upon
tho subject. and concluded that tho Excise Com
mtsSiOncrs had failed 10 interpret the law cor
rectly. and. therefore, held them each in the
the sum Of 81 900 bail
Tho decision of Justice Kilhreth greatly as
tonished the Excise Commissioners and their
supporters. They save bail Immediately.
justice ktlhrpth. noticing the confusion OF the
Commissioners extended his hands in SYM
pathy. which they failed TO notice. lie said TO
being in any way antagonistic To YOU. enter
tain none but the most friendly feelings toward
you.'
Tho Commissioners hastily quilted the court
room.
Commissioner Morrison openly said that the
decision had been obtained hy the Society for
tho Prevention OF Crime. They had boon preiu-
diced against the Board OF Excise. and waited
until they could find Judge who would do
thHir bidding. Commissioner Morrison hoped
the case would soon come tOtrni and the qiIcs-
ti"n Of the rights of the Board be- at once ex-
planned.
Or. Merkle said: THE Board Of Excise nre
zcn Of the United States. They say Dyrnrs
keeps a place that IL no worse than many
others in the district They prove 20 me that
Capt. Donneu Is preluliced. and | Givo II
license. ! do So honestly Judge Kiibroth
say"