New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-09
AFTER DAN" FINN
FOR EXCISE LENIENCI
Ercise Commissioner Hates
MAGISTRATE to Court.
icy Telegraph 70 The Tribuno.l

aJbz,,. Feb S-Arpllcation has been
,,sda IN, Commissioner Clement of the
State Excise Department 10 the Appellate
Division. Supreme Court. First Department
for the removal of --Rattery Dan Finn as
q magistrate
Commissioner Clement alleges that Mag
isfrate Finn continually and unlawfuiy
r,,ses 10 hold for trial prisoners arrested
for violation Of the excise laws, and there
ey exhibits an unlawful hostility toward
the enforcement OF the excise laws ana
q corrupt intent
This application for the removal OF me
magistrate IS made under Section LOLA
Of the greater New York charter hear
Ing vil be given At the courthouse IN Man
,aattan al 1854 a. N. on February j.
Commissioner Clement said that The ap-
nlicstfon was made as = result Of an in
restigaticn OF the course Of excise cases
in all the police courts IN New York City
bv Frederick ". STEELE. tire attorney in
charge Of the New York Office Of the EN-
else Depa rcment-
DO you expect 20 bring charges against
Any other magistrates as a result Of TINS
inves-fsatioTl-'' he was asked
- DO not wish you 10 infer that We
rre devotine 81 our attention now TO the
case Of MAGISTRATE Finn. in whose court
the most serious conditions prevailed, was
xhe reply.
Commissioner Clement said that Niolators
Of the excise law whom Magistrate Finn
refused te hold for trial had been success
fully prosecuted IN the Supreme Court on
the same evidence presented 10 the police
rnagistrate-
One Of Attorney SJelle's duties is 10 at
rend the hearing of excise cases in the
various police courts, and II was while
doing This that he saw conditions that
caused him 10 begin his investigation. The
violations included tTafficking without GER
tihcstes on Sundays and after hours Com
riissioner Clement called particular atten-
ZION 10 t7o cases before Magistrate Finn
which naa been reported 10 him by his
New York representative. The officer max
ing one arrest, while on the stand, ne said
testified that on q Sunday he found
hsrroonl full OF men drinking
Can you swear that they were not all
employees of the proprietor asked Megls-
. trste Finn. according TO Commissioner Glenn
ert. The officer said he could not, where
upon the case vas dismissed.
IN the other case the officer. who had
drunk beer most Of his life, testified that
he had purchased = glass of beer in the
rlare Of tire defendant on a Sunday. and
ne swore that it WAS beer. The magistrate
then asked him II he had analyzed II, and
-he officer said he had not. This case was
also dismissed
This sort Of thing" said the Commits
sioner, has a demoralizing effect. 1t
makes the prorrietors feel that they are
,,rotected in violating The lax and dis
O. ro,,rages policemen from doing their duty
wherever thsv are inclined 10. paFnCl-
1sriy. as has often been the case. where
the magistrate not only throws out their
,,oly -1>sS
arrest"
In = formal bulletin TO-DAY Nh Clement
said
The charges upon which this processing
&c n sea contain ~ speCIrcaflGHS OF dirIel-
eHr excise % SIS penang before the Ssla
Tlagistlafa between the ist Of April, lal@ ana
thu lst of November OF me same year. IN
each OF which CO ses, II IS alleged tae cyl
e4-lica showed that 2 crime had been COM
JnifEea and that Tners US >1F7''ltlL 800
- believe The defendant guilty thereof. and
The SAID defendants, aud each @ lheLl,
el--nld under the sNlderce So pisseI4iisI
haze been held by the said Daniel Z tliln
- such city magistrate Tor trlal 81 lhe
curt Of Special Sessions of the LIST plEiSlcn
OF tho CIV Of <ezy York. and that in falling
and refusing 70 hold said Defendants for
f1-ia7 rf7s sd Daniel I. Finn failed 10 prop
erlz Y,erforir1 m. duties Of his office. and
die v-rcnEfull-. Wl3fIlly. unfairly, unjust
i. ,,nlsu<f757i-: and fraudulen1ly discharge
fhe said defendants. and bZ such acts
showed himself incompetent 70 act IS s4ch
city magistrate, that he persistent as
far. hinl as such magistrate, charged Win
violaffors ri t1e liquor TAX Law. exhihltsd
and srH exhibits an urWsrT2nted, unjust
and unlawful hostility 70 the enforcement
If the provisions al the said liquor tax iaw
and 2 corrupt intent on The part Of tnH
aid PANEL 2 linn. ana showed and sui
shows that tho said Daniel z. Finn Is N
competent 70 perform and fulfil the duties
Of MS said Office
NTazis-rate Battery Dan Finn vas IL
-orsrt last night Of the charges made At
.Tianz a7v Commissioner Clement He has
beer seriousl- III with nervous prostration
for sorae tirae and Taz unable ~ see any
one ~ discuss the impeachment proceed
ssgs which hsve been brought against him.
Magistrate FI7n has not been sitting for
more than tao months. For seven weeks
Re has been confined 70 his home under
the ere Of III. Peterson and Or Z X,
Ross His condition has become 50 critical
n IRE last week that even members ~ the
immediate arnii- have been barred from
the sick room. ana delegations from the
Isl Assembly, District. where he has ruled
Tor thirty zea1< ~ more and Il Intimately
known as Batter Ian have returned
with TIE ElonmieSt n jidiDgS II tho faithful
TIE Committee Of One Hundred IN the
lest campaign mentioned Magistrate Finn
zs-irl, -psrtir5I,ar severity IN condeflniTs The
rontrlct Of the po'ioe courts Of the city and
1-;E decisions In excise raEeS were men
-fo0eS at SoT-e length IN the report