New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-20
FULLY TO MITCHELL.
AN OPEN LETTER ON THE EXCISE CUES
TON.
THE CASE OF JACOB AUTENRErTH. JR.. THE
BASIS OF ANOTHER MOVE BY THE LAW

BASIS OF ANOTHER MOVE BY THE LAW
ENFORCEMENT SOCIETY.
T. D. Quincy Tully. secretary Of the Law En-
forcement Society, has addressed the following
open letter to Colonel II. W. Michel In regard
to the controversy now going on between the
society and the Excise Department relating to
the 2O0-foot limit section OF the liquor law. The
Autenreith case is made the basis Of the COM
munication. but II opens wide field In the I'M
biassed application of the law. The letter Is as
follows:
Colonel H. W. Michel Deputy Commissioner OF Ex-
else. Kings County, Brooklyn. n. y.
S IN s na Th6h you IN made to
assert that Secretary Tully was little pt rui-
his % Now T Gaar c 20 is with the
desire of relieving your mind from such a de.us1 ION
publication of the Items above mentioned that !
wish TO call attention to the following statement OF
facts: ,... c.,,
Shortly after you assumed office as Deputy Com,
missioner called your attention TO me 1ac, t INA,
there were a large number of saloons In brooklyn
situated within 200 feet Of churches and schools
whose licenses had been granted Sy the oiG
of Excise contrary to the law OF lSs ana ainehusu
in 1893. defined by the recent decision 80, OF the
paces OF most of Which could not be under
the new law pointed out that the RECORDS "ouio
session of license prior to April 30 1892 and had
been in continuous possession since that time; INA,
an examination Of the records would take but
few minutes In each case; that should you tId
flaw in any applicants title you coqld n %nhS Ss
the certificate until the applicant cou!d prove HIS
claim to your satisfaction $1,000. ., or,oct,.
pointed out to that Hh hIs so% gpea deal Of
possible trouble and expense in having license Al.
s Soa By Se mpropeTy granted You agreed with
fully at that time. and promised as r und"a
YOU nhe list being a copy of the reports of the
police captains, would be issued until you could
I then formally entered a protest against any liquor
tax certificate being issued to places within 200
CcbO
broug G to YOUR notice You accepted the list and
hHn tss sa ae Xc Sur VIII"
1t coming my attention that one julius Otter otter.
or had applied for liquor tax certificate, ! per
sonally called your attention to the fact that o.
the South Third Street Methodist Episcopal Church.
and that he had been refused renewal OF his SOL ~
and had been closed up By the Por by tho
facts from the records of the department but found
hs h aS Formerly been and
away in the cellar of the Germania building ana
I was surprised to learn that Otterbeck had
opened his saloon about May with great flour
casion) On calling on you for expa ation you
showed me letter from your attorney Johh NJ
/ Ward, a copy of which Is as follows
Colonel H W Michel. Deputy Commissioner of
Excise of Kings County.
MY Dear Colonel: In reply to your question sub;
mitted 10 me day two ago which was. as I
holder of a license which was within 200 feet of
church. transferred the same to Is IN violation Ei
the excise lay of 1892 amended. Il subsequently
transferred the license to A. and now ma s. ap
pcation under Chapter l12 of the Laws of 1896 Tor
Il am of the opinion that the transfer from a to
of the license. and any subsequent transfer from =
only that nteres, S %hi nc, % naa
any greater interest to than he had himself. and
uniawfuily being used as liquor saloon at the time
Of the passage of Chapter III OF the Laws OF lsS
Now. the question is presented as TO what your
duties are in the matter If the application now
the Laws of 1896 is in form and complies as to form
10 the requirements Of the statute 1t is your duty
to issue 'eF''n'a's cry ''J J6H INN" n WARD"
You said that under this advice # The blank bnnd APP
furnished YOU were bound TO grant the certiicate
s nu Of be s% wo
work much mischief and cause great trouble ana
10 our Exes9iys Gommiitee who nsruc t.
DO pGssIe 70 correct h Sr 9S the Aeqnt
called upon you as representing the Law Eno ,,
Of Of the law was pointed to you. We were re-
erred by to he of yoHr S b Sad
advised that if the questions in the application
a sank sworn to and the bond duly APP
Povfd that anGr iaX not t srT to
into any examination as to ne truth OF the STAT, d
the party making Them was liable TO punishment.
MI Terry labored TO show the injustice and
SonIar OF to s"H the a" SPIRIT as well to the latter Of
the new nd aW whGn w he or e even
than formerly; and 10 give measure OF protector
out that +, was the desire of our organizations. as
far IS pTSS S h a that ap any
person could get liquor tax certit II Wht amer
nS S Ggn pad Se tax and DF the bond
In their anxiety and lack Of knowledge, and by
and be Sent to the reniten,iary for a year Mr.
Terry insisted WITH emPh or n that an b6 aP ppn
sent of the owner of the building and the consent
Of Of caed r it,
had 70 effect on Nj Ward end dhc cerihrh a was
and one to John O'Bricn. No. 2s7 South Third ST.;
and n ag9 .h wfn wG s above cited had
been complied with by these applicants ,,,...
roiicr ie of yhe Grace English Lutheran Church to
bring an action against John OBrien ana rt was
Sire Methodist Episcopal Church to bring suit
against Julius 0erbeGR 10 "nnu the liquor tax
in the mean time John enney Of No sls South
eo t cSca OF Rs saloon WSn sixty
feet English Lutheran Church situated of on on
license by the old Board and had been closed up
BY the 0s TG against GAM the sane
liquor tax certificate 10 Kenney, and finally con
ypcsd YOU you 'h reG yNSd f hs appcao
Snow Now comes one Jacob oitenreIth IT, and makes
Mace where Kenncy Lad been refused. Otten-
rreiths application. although rot differing from
that Of John Kennev. allowed by you. and the /
money received Ottenreith overjoyed that |
he OPENED his saloon forthwith and before the
nuor tax certificate had been issued TO him A !
teieGr;.m had been sent Captain Short from
YOUR office not to interfere with Ottenreth as the
money had been paid and a certificate would be
issued in the morning. notwithstanding this: an
oficer OF our society insisted thnt Captain snort
shut I'M the place at once, and II was done. IL
has remained closed ever since So vigorous was
our protest to you the next day against issuing
,s Certificate that decided to withhold II. ana
finally refused to issue the certificate Now often,
reifh brings suit IS about TO bring suit, In the
c,,nremc Court in certiorari proceedings 10 compel
'o IN grant the certificate and. strange as II may