New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-22
PLENTY OF EXCISE CASES.
COMMISSIONERS READY TO LET THE ,
COURTS DECIDE KNOTTY POINTS.

THE ENFORCEMENT OF THE 2vO-Ff-El LA" 'AIH-
ING A LOT or TROUBLE TO CHURCH PEOPLE
LIouoR-sELLERs AND OFFICIALS.
Excise Commissioners Welles. Gascoigne and
Hacker yesterday afternoon met in business
session at the Excise Board rooms to consider
applications for licenses near the statutory 2oV-
foot limit. Jacob Bremen was present Com
missioner Welles had had talk with Mayor
Wurster in the morning. and had told him that
between three hundred AMI four hundred saloons
are within 200 feet Of churches or schools. or
this number 1874 will be closed Immediately. be-
cou-e they are operating under transferred
licenses As Mr. Welles said 70 a Tribune re-
porter the day before yesterday the Board Is pro-
cceGing "rautiousiy. courteously but firmly along
legal lines" Evidently the Board finds that Ii
is in a position making considerable care heces-
sary Yesterday afternoon surveyors measure
ments ana diagrams. sworn to oy the author
y.,o submitted. and the records Of the Board II
Excise were also brought into reGuisitioh. IRON
what Commissioner Hacker said during the meet
ing il was evident that he is the most LIBERAL
minded member Of the Board; Commissioner
Gascoiene is cautious and Commissioner Wei!es
&c conservative 40 wish TO impose extra hard
shin on qaloonkeepers was manifested. The pres
ont situation pending any legislative action on
the e00foot law Is full OF unanswered legal ques-
tons some of which will be decided by the courts
The case OF John Schafrt. Of No 2S MoniroSc-
ave. Yesterday was adjourned Until Monday, to
get evidence from protesting church people
The case Of August swanberg, liquor
dealer at NO. 147 Van Brunt-st, was then called
The license expired on February r. Austin
Ludlam City Surveyor testified that by his
measurements the distance from the saloon
doors 10 the chapel of the st. Margarets MIS-
sion was l76 feet and to the ChldrenS Nd So
ciety ls9 feet Swanborg testified as to the char
acter Of one Of the institutions. Further hear
ing was postponed until next Monday.
In the case of Felix NJ kenna, whose nquoT
store is at No ls7 Smith-st. 1t was learned that
the license had expired. Counsel Tor the apll-
cant made an appeal for delay. Commissioner
Welles said: Having The Court Of Appeals de-
csion staring il in the face. the Board - IN no
condition for delay" liowcve., the case was ad-
journcd until Wednesday, In the case OF Albert
Cass!n. of No 20i Court-st. My. Iudlam, the
surveyor. testified that 81. Pauis Roman Cath
Ollie Church at Court and Congress SITS, WAS
within 17G feet inches of the centre Of the sa-
loon doors. 1t seems that the proprietor asking
for a renewal had "A license for an oyster shop
which was continued until 1880. when the nusi-
ness. to solve financial difficulties. was Iui IN the
name OF his wife Bertha To whom the previous
Board did not issue license. Then the bust
ness was transferred 70 Adolph H. Timing. to
whom the license issued for three years
AfterWard Cassin continued tn" business in his
own name point as To- the holding OF the
license in the past arose. and the books ~ the
Board were produced. Henry Claus had the
case Of the place at No. 81 Myrtlc-ave. post
poned until Monday.
James II. Wynne has n grog-shop at No 40
Court-st. surveyor Ludlam testified that there
IL "A church on the south side OF Fourth Place" l29
feet inches away Wynne did not deny that
the church building used :or religious pur-
poses. but Mr.. Bremen advised that the question
Of measuring the distance around a courtyard
VIII have To- be decided b. the court The papers
for a legal decision win bc prepared on M1niay
.s.1.u fsff court
The case u Wright Bros whose place Is at ~.
SOS Hudson-avc. then called. Bethany
Chapel Of the Dutch Reformed Denomination. In
Hudson. near Myrtl,-dyc. IL almost pHposit"
Mr. Bremen said that IL was only fair that
definite informa ton as 10 the use Of the church
be obtained. Tho distance from chapel 60 sa-
loon is 1873 feet inches. The license for the place
vas granted by a former Board. Tho police Viii
Instruct the officers Of the chapel IL produce tAe
Information
\ discussion followed the regular hearing ~ The
Board over the case % place In Driggs-av"
owned by the Philip Leihngrr Iirc~irg Company
The Rev John j.. Wcllcs was the protestant As
the question was one u surveyors proofs. Com
missioner Hacker wanted to know 81 what use u
was To order the church people T. appear. and be-
thought an affidavit of distance by IN" surveyor
was sufficient proof Mr. Hacker became some
what enthusiastic in hi@ defence 90 the liquor
seller STROBE up ana down the room and finally
out Of t. In his absence the other two Com
missioncrs decided that N the advice 81 Nr.
Brenner Dr. Wc"s should bee ordered l. appear
The Commissioners think that they have some
to welcome the decision Of the court on delicate
questions Mr.. Gascogne thinks that qui 'ker
progress should be made In oisposing ~ cases
than that which was made yesterday.