The New York herald., 1862-05-21
The Concert saloon Question.

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The Concert Saloon Qucstion.
OPINION OF THE CITY JUDGE ON THE MEANING OF
THE WORN s.RFrRn-LAGER BEER NOT nToXI-
r.r,So rur pyopv1rroR OP THE yOLK's GAR
rxx n,scu. .parn From 4 WRIT or HABKAs COR
DAN p.oe @ enA'"AD 1"o~
fus, ETC.
Yesterday afternoon Judge AcCunn gave tne following
Acetate, Il, ~. court az General Sessions-
:, n,- - u-r, -Ty,a
~ use mea0 ~ ~ 80 e, 80. % - under = writ
Esonsr n tnis 0As. uS r. " ,si ~ msas Yhst he ia the
~ naos1s oo ~ u a. ,oarS tnown as Yolk,s
YroprietoI VI .,e pe -. - - ;;,,iv licensed as
SAIuen, ana hs, shS haaa,,cs nerformapce al
snssIe .uA., mnie sn..s a e ,sken bslore a nolos
ceia paoo, ~ go a. 80 - .sscr ~ IN E.ser MarLet
ye,a 60, 1S ra,,3 - he VII. is Thai the SAID
Hsr, "a da,snsa bv rrtno OF Commitment, copy OF
.S 80. - : @ ~ 800 80 said Eart d,d on tha al day Of
49, 1sso n saIaton Of section of tina act entltled
:. -, -. ulaees ~ nnhlic amnsan,nt in the
ctis ami INC rporated villages 8, This state passed Aprl
1ssa ss and allow aser peer 10 be sod In the au
ditorum and ohbes OF the garden known as Volk's car
dan as powarx in tho cv ssoresed during thea rical
a. sii garao SAID Hart heinz the proprie-
tor OF the enid garden am confined ia this case to he
af o,,on oS The sacand seetin of The act
and II 4 Not for mo 10 mass nnon ts onsutonaliy
but the gh; thrown upon this law by the clear points
and Iearned arguments OF the hed counsel in
ehe case of The Peop,e vs. Butter enables me- how
ever 10 place am convinced q lust and proper con-
on this See md sect on so far rs IL TO the
hall OF the prisoner that lager beer IS not included within
tho moaning of this act and that the Legislature
snte ded 10 prohibit The sale OF yeE ale cider kin
drsd beverages in these places. trung this
Sion propery and ieligenty feel constrained lake
she entire net ana not this section by itself 70
aid me Ia arriving al the real beet and d sign II lhe
Leqis.ature The learned opinions in the well known
eases OF The Board OF Commssi Of Excise OF Top
k,ns county Taylor. The People VS. Whesloak, and
and the Court OF Appeals afford but little guide ia this
case because the question involved here great do
Kree is not in point. Tho second section, under which
This question arises is as folows-It shall not be law
fu TO sell furnish any wine, beer strong sprtu
liquors any person the auditorium obbes Of
such place Of exhibition or performance mentioned in
the first section this act and further prohibits the
en- oyment attendance OF any female TO wait on or
attend in any manner furnish refreshments to the
sadence or spectators at any OF these places Of exbi
tn. The exhibition performance referred TO In the
first section is very particularly set forth to which
sha hereafter refer There be reasonable doubt
the Legislature the passage Of this law solely
intended to suppress the employment of prety waiter
sao5ns Of this city: aud that The obsct, fer some
purpose should not be too apparent it in
troduced the other provisions ef the act in
gard to the sale of LIQUORS ut all the places
of public amusement Under tho general license law
lager beer wine and strong spriluous ilaors had
bsen out served 20 audiences and spectors at
places Of amusement in this city for yea s. and
bars have always bean attached all our first class the
was demorang or that any evil resulted from it, AM
Il is quito probable, had not these females been
employed m those concert saloons that this act would
never have found existence Tho first section of
the act IN regard 10 The places which shal ba
licensed to give public performances or exhibitons
name each and every place. such as building
garden grounds concert rooals or pace or room IL
within the city of New York where anv tra
RsIy comedy, opera ballad. play farce &c. shan be
exhibited and which nscessar nv o,estion az
20 what places the 10 he within
the meaning Of the section There is not the si best
obscurity in it: but In the second section 4
ablndons this clear manner Of saving what Il d;d or
Cd not Intend and in . Sweeping ana general manner
provides a sna not be lawful to SEA or furnish anv
vine beer o, str na o. sprtu,us LIQUORS &c which OF
eouss instantly raises he question as to what liquors
ere Included and excluded hy ,hs words wine bear or
gtrong or spr,tun ouors In he indica,ion az tho
yario5s lauor laws that have been nasSed IN this
state the courts have met with these sarne ohsta
eJes hv reason ~ .ha Iarisatnra Mt No. .vnlic,,
h this regard They havo been compelled 10 roy on The
evidence of experts In ,p, ma az General thing 10 as
certain what kinda oi LIQUORS were strony or I'M ox
ss demonstrated in Whseoc, Taylor's and Won Backs
cases So too ia regard 10 what knd Of baer or vine