New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-01-20
THE MAYOR AND THE GROG- SELLERS.

To he Editor Of 7heS y. Tribvne
SIR: The newspapers tell US that the Aldermen
81 Of three Of the Wards Of NewYork refuse to CO.
operate with the Mayor in revoking the license of
" those persons who persist in keeping open their
houses for the sale of liquor the sabba'h -
We wish to inform the public that the Mayor has
full power to revoke any licenses to sen liquor which
be pesses without the cooperation Of the Alderman
or Councilman.
In the frst place il will be found, on invest alton
OF the law Of the case that there has not been sim
gle license granted in New-York TO sell liquor that
can test the law All the licenses are void and have
70 effect and cannot protect the holder from indct
mept
lSecond-Let us refer to the question, What ia the
meaning and the legal effect of the Board Of Excise!
II is body known to the laws a Court. This
body IL as much Court as the Court Of Sessions or
the Supreme Court. 1t has Judicial powers it is
judicial proceeding to license individual TO keep
tavern or 10 sell liquor The Board in Nsr-York is
composed of the Mayor, Alderman aud Councilman
of each Ward and District. This tribunal rs first 70 re-
ceive evidence by affidavit, or Judicial proof that the
applicant for license 10 man OF good moral charac-
that he is 81 years Of age that he resides at the
place where he proposes to carry on his business;
that lie has the requisite and necessary qualifications
and property and accommodations, to act up his
business; that be is now, to commence here after
u
grocer or about to establish trade for selling strong
spiruous liquors or wines OF quantity not less
than five gallons.
Now then all this involves the taking of proofs the
organization Of a Court, Clerk to keep tae minutes
Of the proceedings, and Judicial investigation in
open Court or Sessions; and while all the members
of this Court present and in open ei'ngs carry
ing out their Judicial functions, il the Mayor i sb-
sent. on hearing such an application, or does not at
tend to the business the Excise Board or Court h.s
no Jurisdictions, and their license Is void. SO any
of the Aldermen or the Assistants are absent the
like result follows This tribunal is one designated
by law, and il any more of the members
absent II cir places caunot be supplied by those who
remain; there is no such thing as majority OF the
Court hearing the application case all must sit In
bearing together, and Indicate upon the cause,
though two persons may grant the cen'e.
Third, 1t will be found, on investigation that no
such tribunal as we ave above described, has ever
been organized in our Mayors Office, for the granting
Of licenses TO sell liquor in the City of Ne York nor
has such tribunal been called together at any other
place in this City; the Mayors Clark first signs the
Licenses; they are handed out to the Alderman and
Assistant TO fill up, and 10 be given out very much
at random. II the Mayor signs the licenses al all he
siets them literally by CARLOADS, to be used az
occasion may require, and If he happens to be in his
Office when the license is given out he knows nothing
about 1t in one-half of the cases.
F0Bfh, Where is the evidence to be found, or
where is il recorded, THAT the applicant to keep an
i'm tavern. is person Of good moral character,
"potsessed OF the requisite qualifications and accom-
"8odators, and is OF suitable age to keep the inn
cor tavern, or to sell liquors in New York -
No such record proof can bs found in the Mayors
Office; probably no person is entitled to a license TO
cell liquor in 6Iy form unless he IL naturaze1 CHI
zen. II Is an Office, franchise, and grant which
be the applicant receives, aud this grant cannot be
conieIfed on foreigner, or any pers but citizens
unless by act Of tho Legislature We believe that
every license granted from Mayors Office for the
last ten years, TO sell liquor s void. We bseve tn At
the last year, every license granted out is void
and that the Mayo may cancel them when he plesses.
| We believe that none of the licenses now held 10
NewYork viii protect the holder from an Indictment
for keeping dsorderly house when he sells liquor
| Therein.
Mayor Wood has got the right Of the case ON the
question Of law to cancel what licenses he peases,
and he has public opinion with him to shut up all
erog. shops on Sundays No license ever was granted
In this State to cell rum on Sundays, in any form
The same law exists 10 eeard to beer shops, cigars
and tobacco Stores and also TO open restaurant or
| eating houses. but much mere can be sid on the
score of utility for keeping open simple eating
house, than for keeping open grog-shop or cigar
store Many Of our clio hing stores are open on sun
day if these are to be tolerated, why not keep open
-four stores tea stores the markets, banks counting
houses and all kinds Of business 10 90 on alike Lei
US lust 90 the entire thing at once and declare death
TO be an eternal sleep, if are TO tolerate one KIND
Of business, and not another. Conhstency IS a
level" OSTARIo.