New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-11
TIE CITY REFORM CLUE TINS.
DECISION AGAINST TIE SEGHGENr EXCISE
COMMISSIONERS.

, RECESSION AGAINST TIE NEGLIGENT EXCISE
COMMISSIONERS.
Tho cq.v Reform Club has what IL considers
,lr,nus victory by the decision Of the Court oil Ap
meals in the casc Of the People against EAo'so 'o''
nh soners Alexander Mekin, Joseph k"ch hIiu H'"'
r. ritzpntrick Members II the club visited bAFrV'7
an election day IN November, lSs0, ana Observer u"o
the saloons were generally doing business o"npi'"'
A. ia one hundred OF these saloons was Laid before tNe
49,, ., rxcse In every case at least two members
., ,l. Climb In addition To other ~itncscs, were pre-
u,red Ia dive complete and conclusive evidence "i the
violation strenuous efforts, continued 10y INC Gnu
for zcvernl months, failed To overcome the 'Vinis
sinners sympathy with the liquor dcalers ana thc
licenses Of only three men were revoked. Inc mem
her. Of the club finally had recourse ~ the courts
A conplaint had been flied with the Excise C"ninIs.
.ioner. ag,ln.t II nquOr dealer named Scheuplcn on
I,nuary IL 1890 ON February -, the COMMITS
.ioners Ind finally heard the evidence, ana iorts Two
DAYS Ind passed without any decision 10y them An
order was obtained from Justice Barrett Of the supreme
Court requiring the Commissioners to show cause why
, n.reuptory writ OF nnndalnus should not issue to
compel them 10 decide the ease. Judge lhirott said
that the Commissioners had been guilty Of breach
of tb,ir official duty The Commissioners met
promptly at their Office, and decided the case 81
Schcuplen by passing resolution That he was not
guilty IN appc, from the order granting TIE writ
Of Inindamus takcn by the Excise Commits Toners
10 the General Term. An opinion dlrmMe The
order Of Judge Barrett handed down by Chief
Justice Van Bruni, with the concurrence Of both
tho associate justices.
The action OF the Commissioners has created 30 gnvc
a scandal that an investigation va, made by the Grand
jury and on May TO- 1880. an Indictment was found
agai 81 them for wilful breach Of ofcia duty. When
tho Commissioners arTaigDed In court under this
Indictment, Commissioner Joseph Koch WIS evidently
Intoxicated, and made a disturbance which called forth
iudO duf the
Commissioners devovcd upon the District Attorney,
John X. Fellows; but he neglected to advance the
case in the remaining months Of lie term Of
Office De Lancey Nicoll became District Attorney in
January, 1901. The tried In March, and
Recorder Smyth directed verdict Of acquittal upon the
technical ground that there variance between the
indictment and the proof. In April new indictments
found by another Grand Jury. In the Court OF
oyer and ferminer on April 20, the defendants In.
tcrposed plea Of former acquittsl Tie jury. how
ever rendered verdict for the People Upon mo.
ton VI defcndants counsel, The court granted
order In arrest OF Judgment in order that the
might he brought before the General Term II the
Supreme Court In the jane General Term the order w,,s
pcals, ex-Judge Danforh being retained by the de-
PENDANTS. ON Wednesday. without even hearing ar
sinont, the Court of Appeals decided for the People