New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-31
FROM ALBANY.

From Our Special Correspondents
ALBANY, Monday, March 80 1857.
The License law introduced by Mr. Brooks was
taken up in the Senate this morning, amended in
some particulars and finally passed by vote OF
10 to 10, as follows:
U,,conYt Keiv' MADDEN. Nchos Noxon Ramsey Richard.
;cq, A. smith, F. smith, J. A. Smith, Sioie' ueham'
EAYs-Messrs Bradford Darling H.lsted. Hotchtss Hunt
n SssE hs OK So F's5 FRssRs,M d
Sweets.
Among the amendments adopted was one pro.
yidrg that no liquor shall be sold throughout the
State on any general election day, nor Ia any town
or city on the day in which any town meeting,
charter election or special election may be held.
Another amendment provides that only one license
.hall be granted on the application or petition of
any one body of thirty petitioners and if more than
one license shall be asked Tor in the same election
district it must be demanded by new and differ
ent set of petitioners to the number of thirty free
holders. Also, an amendment that in New-fOrk
City the "Chief Justice of the Superior Court and
the presiding Judge of the Court Of Common
pleas" shall appoint the Excise Commissioners.
Mr.. Rider offered an amendment providing that
when thirty freeholders ask that license may be
granted al forty or more demonstrate against it,
that the Commissioners be forbidden to or ,nt such
license, which was voted down. The bill as it
stands is, in many respects, more stringent than
any license law heretofore enacted by the New
York Legislature; but it should be amended in two
particulars, viz The Commissioners Of Excise
should be elected directly by the people, and should
have absolute discretion as to whether they
will or will not graut licenses, regardless of
the question whether in their judgment
hotel may be necessary at the point where the
license is demanded. Tie bill now reads: "And
"no such license shall be granted except on the
petition of not less than 81 respectable freehold
"trs, residing in the election district where such
"inp, tavern or hotel is proposed to be kept by
them duly signed, and verified by the oath of
subs cribiDg witness, and not then unless, in the
"Opinion Of the Commissioners such inn. tavern or
hotel lie necessary or proper" This appears to
me to make it compulsory npon the Commissioners
to grsnt license upon application, if in their judy
ment, tavern or hotel may be necessary, and the
other conditions are complied with.
1t has been demonstrated that hotels, aud good
ones too, may be kept without the ram attachment;
and the Commissioners may very naturally u1ge
hotel necessary, without thinking it at all necessary
that the guests should be furnished with the means
of getting drunk. The people of town or district
NAV unanimously agree that hotel is neces
sary. while nine-tenths of them may agree
that rumseng is not necessary, but, on the
contrary. ia a gigantic evil. The law should
be so framed as to recognize and respect the
Opinions Of a decided majority OF the voters OF
any district or town, and as the friends OF this bill
are understood TO contend that, as Is stands, the
Fxc;se Commissioners are clothed with discretion
ary powers as to granting licenses, they could II
reasonably obec. to putting the question beyond
dispute, by altering the above so as to read land
mot then, unless in the opinion of the Commits
"sioners such license is necessary or proper, IN
stead Of such tarern, inn or hotel is necessary
As it is quite clear that we are to have license
law or no law at all on the subject of the liquor
traffic, it seems to your correspondent tue part OF
wisdom that the friends of prohibition should, !"
far as possible, without compromising principle
exert themselves TO make the law as unexceptiona-
bic as may be-as nearly prohbitory as the clrcum'
stances OF the case will ADMIT
With the amendments above proposed, viz: the
election Of the Commissioners by the people and the
comforting upon them Of discretionary powers,