Miller Singled Out

New York, 1895

FOR PROSECUTION BY THE JAMAICA EXCISE COMMISSIONERS.

Seeking to Make the Law an Instrument of Torture to Gratify a Private Grudge — Commissioner Bauman's Bad Way of Transacting Public Business.

The Excise Commissioners of Jamaica and their counsel, James F. McLaughlin, were to have met yesterday with Justice Seaman, of Hempstead, relative to the prosecution of unlicensed liquor dealers in Mr. McLaughlin's office in the Bank Building.

It has been understood all along that the Excise Commissioners desired to lodge complaints against a score of persons who are selling liquor without a license. This turns out to be a fallacy.

The only person against whom the Commissioners desire to complain is Andrew Miller, of Ozone Park, and it seems that Commissioner Bauman is particularly bitter against Mr. Miller. The people who want to see the excise law impartially enforced, will wonder why Mr. Miller is singled out from among all the unlicensed ones for prosecution. The reason can be found in the proceedings of the excise board.

Mr. Miller and Commissioner Bauman are not on good terms. Mr. Miller applied for a license several times, and he was backed up by a petition of citizens, but his application was always rejected, Commissioner Bauman invariably voting against it. So far as Mr. Miller could, he tried to comply with the law, and his place has not a bad reputation, if we may believe the statements of responsible and respectable residents of Ozone Park.

While rejecting the application of Mr. Miller, Commissioner Bauman voted a license to one Kelly for an entirely new place, a rival to Miller's place, even after the board had passed a resolution not to grant licenses to new places. Commissioner Bauman is a tin-smith and plumber. He had never been given any work by Mr. Miller. But Kelly, of the new place, gave Mr. Bauman his tinning and plumbing work, and Kelly had not paid Mr. Bauman's bill when he, Kelly, applied for a license. Miller's old place was ruled out by Mr. Bauman, and Kelly's new place was let in by Mr. Bauman.

On a particular Sunday, some time after Kelly had been in business, Commissioner Bauman called at Kelly's place to collect the bill that Kelly owed him, and then and there the excise law was being violated, and Mr. Bauman did his share to help break the law. But Mr. Bauman makes no complaint against Kelly's place. It will strike the plain people that it looks like persecution to single out Miller, and let Kelly go scott free. The unlicensed man's offense is no greater than that of the licensed man; but one happens not to hold business relations with Commissioner Bauman, while the other does, and the man who doesn't is to be made feel the effect of the legal screw.

Another reason alleged for proceeding against Miller and no one else; is that certain enemies of Assemblyman Vacheron want him subpoenaed as a witness, thinking that his testimony would humiliate him.

THE FARMER does not know Mr. Miller, and makes no defense for him, but we believe in an impartial enforcement of the law, and stand opposed to malicious persecution in the name of law. There are saloons in this town that have done an unlicensed business for years, and that have never asked for a license, yet there is no talk of prosecuting them.

Justice Seaman did not come to the consultation.

—The Long Island Farmer, Jamaica, NY, Jan. 25, 1895, p. 1.