New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-25
THE COURTS.
RULES GOVERNING EXCISE CASES.


JUICE MADAM GIVES A GENERAL OPINION
WITHOUT A CASE BEING BEFORE HIM.
Judge McAdam in the superior Court, yesterday
handed down a general opinion without case being
before him. giving rules governing applications for
pandamuses in excise cases. From the language which
he uses it would that the Excise Commissioners
will find it hard to prevent any one from having
a license, II they think he ought not TO have one.
Judge McAdarn that the discretion lies with the
commissioners and that only questions OF law are
10 be decided by the court. The opinion in full Is
as follows
several applications for certioran and mandamus
having been made and declined. IL is proper that
the rule regulating the granting of such wts should
be stated
"The object of the act OF s92, Chapter 4o1, was
not TO convert the courts into Excise Boards, but
merely TO require a review Of their action where
an application for license has been by such boards
arbitrarily denied denied without good or solid rea-
sons therefor Section 24) III the two cases reviewed
by this court the refusal grant the licenses was
placed exclusively on the construction Of the statute
respecting which the Board was in error.
Tho questions presented were entirely OF legal
character which the Court under the act, was bound
to decide. But there many questions concerning
which the action Of Excise Boards will not be dls-
turbed such Boards must, In the nature OF tmngs
determine whether the applicant possesses the quail
foatons required by Section is OF the act whe'her
the place is one which ought TO be licensed whetner
its proximity to church school-house, or 10 other
saloons In the neighborhOod makes 1t unwlse ana
improper to grant the occupant license.
The Board, with It's retinue OF Inspectors us
facility for inquiry by evidence or otherwise Is
peculiarly qualified to pass upon these questions, ana
their findings thereon must in all but extreme cases.
meet with approval
AT all events. mnndamus, which is writ resting
largely in discretion, will lie only where the reIusa
TO license IS placed on grounds which arc clearly
arbitrary or Illegal and not where the discretion Vi
the Board has been exercised and not aDuseu. .,...
"Thc discretion Of the Court is not 70 be @
lodged such discretion with the Board, and II shonIu
remain there except In clear or an extreme oSo "a
abuse. Applicants must govern themselves "''0'"
ingly."
QUEEN VICTORIA SUING IN A LOCAL COURT.
Queen Victoria, after being unsuccessful IN inc
courts OF Of her provinces In an attempt 70
establish her right 10 beds Of natural asphai''
has begun IA suit in the supreme Court this city, 10
regain those alleged rights. The schooner nai'iu
reached the yards of tho Standard Asphalt Company '
owanus L. L. on last Monday with cargo OF asphal''
said TO be worth $4,000, which the vessel brought
from the island Of Trinidad On this island there Is
a great patch Of land known as Pitch Lake, from winch
thousands OF tons Of asphalt taken every year.
The British Colonial Government for years has claimed
possession Of IA portion Of this land The claim mas
been disputed the Crown has been defeated IN the
Trinidad courts. The British Government now alleges
that the cargo Of the Ballard taken from the iao
owned by the Crown. and a replevin suit has been
brought TO recover this cargo The counsel for TIE
Crown secured an attachment the cargo on Wednes-
day.
The case came up before Justice Andrews In the
Supreme Court Chambers, yesterday to determine the
question Of whether not the attachment could DC
maintained Upon the Of the counsel ON both
sides the case was adjourned until Monday next
George Blackwell appears for the company ana W. W.
Niles appears for the English Government