The sun., 1883-12-09
ARE THEIR LICENSES GOOD?
THE EXCISE BOARD REFUSE TO ABIDE
BY MIR. PECKHAM's OPINION.

THE EXCISE BOARD REFUSE TO ABIDE |
BY MIR. PECKHAM'S OPINION |
Moldina that they Alone Can Revoke LIZ |
censes aud Need Take No Notice OF n Con- |
xietiou-saioous Likely 20 be sentiueiied.
The Excise Commissioners apparently in
tend to act without regard to the District At
torney's opinion that saloon keepers convic-
tion OF violation Of tho Excise law causes
forfeiture OF his license. Thomas j. Creamer
their counsel said Yesterday that Mr.. Peck
hams opinion was OF no moro authority than
that OF any other one man. and that the Tighe
decision by the General Term OF the Second
district did not apply to New York county. The
Commissioners say that they will renew
licenses even when tho applicant has been con-
victed OF violation OF the Excise law unless his
conviction has BEEN in their opinion. just.
Twenty saloon keepers who have either been
arrested or aro liable to arrest as unlicensed
because OF conviction OF violation OF the Excise
law made applications for now licenses yester-
day. Their applications were rejected on the
ground that they are already licensed.
President Nicholas Hnughon OF the Excise
Board was found In West Eleventh street.
"As q layman." he said. / hesitate to give
an opinion In tho face OF the legal opinion made
public to-day by tho District Attorney. Mr..
Peckham. But taking n common n-sense view
OF the question. 1t seems to mo absurd that. for
a mere technical violation OF the law. man
should be fined s5 or $40. and also have the
license under which lie conducts his business
pssdea ss in hs Gsr, Of ef
to save time and at the ADVICE OF friends, Had
vokcd they would not have pleaded guilty and
many OF them could not have been convicted.
'Will / keep OPEN tomorrow ~ repeated 2
not Ths 'nss pesay heavy for to s
arrest. and II was decided nt the meeting held
Haao oo Srss, uns.E S Fr srs 9 rc s
dealers this side of the street on this block.
and thoy all say they % VIII close close to-morrow; ROW
open il he finds his rivals places closed" ~.
they had always done 50. II have kent my
Tram irance, s' ana I have lost money mon " by SO ioinr
openly violate the law and serve al my Gus
toners. for ono hope the police will enforce
The Sixth avenue saloon kceners we're d,
vided on the subject Of clos ing on sunday. l
do a rattling sunday business outside OF my
tokeer open. guess We can an, manage IT,, IT,"
tions TO prevent the salo Of liquor on sunday.
looms are likely to be more carefully sentnecd
Diedrich Fincke. who keeps a liquor saloon
at G2o Grand street. has brought an action to
up his place or interfering with his business
and n motion was made before Judge Law
srsntsd II in s Mr. e"ne
sistant Corporation Counsel. produced u GER
snS sa st ss SnsH on Sa S Of d aa "a
Of The Excise !aw and contSndsa en- tha MS con
Mr.. John NJ. lowers on behalf OF the plaintiff.
sn;d there was nothing in the conviction to
show that the violation had been committed at
G2O Grand street. and that MS Mr.. Fincke lad
been eXoncrated by tho Excise COMMISSIONERS
the police had % no right M to Interfere; Judge iSt,
that an injunction would not lie to restrain
police officers from acting under the authority
Detective Click OF the Church street police
was complainant in the Tomhs Court yester-
Peyer "sf Mnef w&o s1r Ssaps p0 Saloon Il ID
! street. Minck had been previously convicted
onolaa ss Hse s enx m fna aSr Ss
Did PA Wv see i thif II, man sell beer?' asked
Yes, Sir; He sold me elas.. and | drankis." "
Justice Murray called on Sergeant James oi
ment. and made Click repeat it. A custom in
some Of the police courts is TO dismiss the
! liquor sold and If the, policeman has tested It
oaa wh 3,
3 that he had been ordered to buy the beer and
= | uTluk "
, That is IN acknowledgment on the part o
Policeman Click" said Justice Murray thai
r while on duty as a policeman he drank beer"
r Yes Sir" said Sergeant James.
r According TO the rules OF the Police Pcrart
/ ment." continued Justice Murray. holding UP
t brand new Police Manual. and reading the rule
BILE to dismissal"
That's So" said James.
You have heard this man admit drinking
( bcnr while on duty" confined Justice Murray
. Il have your Honor" said Sergeant James
3 Then it is your duty to make complain
against him said Justice Murray
Oh. no. your Honor" said James. die
0 not SEQ him drinking
, " order You to make a complaint against thu
Q | officer said Justice Murray.
On my rs;sponsibiiity - asked James.
a Yes. sir!'
r Il won't do it. Judge and you can't make m,
I do it. will testify before tho Police Commits
soners. II you mako complaint; that yo,
called me up as a witness TO hear Gick acknowl
edge drinking glass OF beer while on duty"
: Justice Murray held Tomforde for trial an,
paroled him until Monday to get bail. Tn
s Justice said to reporter Of The Sun:
Three times to- day policemen have ack owl
j. edged on oath that they were ordered to 20 int
: saloons and drink Officers OF police who fore
n their men to become drunknrds. in violation o
i the rules Of the department should be held re
3 sponsible. There Is q policeman to-day on trim
o for murder who got drunk on duty and kille