New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-08-19
LOCAL MISCELLANY.
TIKI nrcIsIoy OF Jv-DGE BARNARD.

THE DECISION OF JUDGE BARNARD.
WILL 1T AFFECT THE ACTION OF TIE NEw-loRN
EXCISE NEUTRALITY-SUSPICIOUS. AND FACTS
ABOUT LICENSES.
The recent decision Of Justice Barnard IN Ihe
case nc ainst the Excise Commissioners Oh tns Io"n
of Flatbush. l.. l., in which he held thai thsTe -
no provision Of law for licenses 10 sell ale ana .f
by the glass IN passs nv a hc Exsc Commits
sioners Of this city. but will probaoy DC SioSns
mp at the next meeting Commissioner Mernv W." 81
found in the Office of the Excise Departme"'; al
Mulberry aud East Houston: SITS. yestcidaS. ny u
reporter If IHE TRIBUNE. aud WAS asker Wn'i' ~
fuence. II any. Justice Barnard oeclsoh woulu
have upon the future action Of he New York Excise
Il cannot say positively" was the reply. The
Commissioners have not met recently, as Mr. MOTT.
SON tbe president is not IN the city. i have not
epckcn We. with Mr.. Morton on tins suaJect NV
own idea is that the law under whlcn i,nagS nar
10 the old Metropolitan District of Ncw-fork, kngs
ard Richmond Counties, and that Is now inopc ca
i've do not believe that the system now prac-
tncd in New-York in relation 10 licenses 10 sell beer
and ale separately will be at all affected. although
il is held by some that we have no right 10 Issue
licenses of this kind. is now in the hands OF
Justice Westbrook for his decision. IN when me
attempt was made in behalf OF a society OF whlcn
William +. Dodge is president 10 prosecute 1c In
else Commissioners for granting beer license;
The hearing was had about two months ago. ana
the decisl0n WAS reserved. -,
Since Nav l the Excise Commissioners have
granted ,27S hotel licenses, 1918 beer and ale
licenses and 1924 licenses to storekeepers, VINO are
permitted to sell liquors hut are forbidden 10 ailow
any TO be drunk on their premises. III - CLAIMED
that in all there row in this city between fooV
and 5000 places where liquors. spurious ana
malt, are sold under the licenses of the Excise Com
missioners. Although 1t was not found DractlcaDle
yesterday to determine how many places OF tnis
kind there are IN New-York that pay their taxes 10
the United State revenue col ecoTs, 1T ia not u.s.
,mted that such tax is collected from much larger
number of hQuorseers than take ont licenses from
the Excise office. When asked how he couId ex,
plain tins discrepancy. Commissioner Meikie Ga
NOT DENY that the discrepancy existed, but sald
ave are allowed 10 grant licenses only TO persons ,
of good character. When we ma that man
keeps house of prostitution. or some dirty mole
where low people cOngrcgate, we cannot grant nm
n license but the United States revenue coiecUIs
do not care anything about the characters OF the
people witt whom they deal. Ibat Is inc oihcIencc
between the United States and US"
Mr. Merke made ti.is explanation Win me calm
assurance of a man who believes what he says:
The reporter called UPON Marshal w; Blake
United states Revenue Collector for the I'D Dis
triet at No 81 rtandt-st, TO hud now MANY IL
cense taxes have been collected in Nc"-lork CITY
tins wear. Owing the absence on vacation oil the
clerk. who keeps the books from which the desired
figures can only he obtained MI Biabe couih not
give them with exactness he stated, however,
that since May he had received the taxes from
more than 5000 hotel licenses or licenses WITH iII
permit the sale of liquor and wines. In the TIA
district he said a mucl larger number oil persons
had paid their license taxes TO the United states.
When Informed of Commissioner Merk res stare
ment relative to the United States ard the Excise
Department Mr.. Blake said We are tax collect
ors. II is not our duty to decide WHO may 20 mo
the LIQUOR business but II is our duty to see that no
person shall conduct liquor traffic without having
first paid the United states tax. But II Com
missioner Merkle Knows that we grant licenses 10
people Of bad character, why does he not break mp
their businessi'
number of the brewers in the Eastern District
of Brooklvn called upon the Commissioners OF In
else Yesterday to learn If their decision to grant no
more beer licenses was final. hey were received
Inv Commissioner Colell. who told them that under
the law there was no option on the part OF the
Board IN the matter The brewers then held a
meeting and determined TO apply TO the Courts lol
an order compelling the Excise Commissioners to
grant thirt-class licenses. committee was APP
pointed 10 confer with General b. r. Tracy III re-
card TO Initiating steps III the matter