The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-02
THE EXCISE Law.


strongest advocates notwithstanding the fact that no
was looked upon n tho advocate Of the liquor dealers
and belonged 10 party whose representatives, opposed
the Law in the Legislature Yesterday public
letter which he addressed to Mr. George Bliss counsel
for the Excise Commissioner in which he gives
opinion that the form Of application for license
prepared by the Board Is Of the most absurd and
ridiculous documents issued. One assigned
for the change in dr. Morris views is said TO be that
he denied by the Commissioners the control Of
the law In Kings county. The following is his letter.
BRooKLYS, April 80, 1857
DEAR SIR--Mv attention has been called to form of
application for license, which, understand. Is re-
aured TO be signed as condition precedent TO the
ine Of license by the Board Of Excise am sure this
document neither prepared nor approved by you,
but have been batched after very short incuba
tion by ambitious TO display his ignorance Of
the law and his lack OF common sense.
sure, also, that this extraordinary document has
must have been approved " approved at al by them
upon representations made, and without personal ex
II i under this belief that hastily write you upon
this subject for the purpose Of urging upon the
law officer OF the Board the absolute necessity OF point
ing out said Board the illegal tyrannca and absurd
provisions OF the document and Of inducing its imme
date withdrawal and the issue Of proper form OF APP
plication, in harmony with the law Unless this be
DONE in my humble judgment the time is not far dis
tant when the community will sweep both the law and
the Commissioners out Of existence II these humili-
ating and tyrannical conditions insisted upon they
will and ought to be hurled back in the teeth of the
Commissioners with contempt and detesation. II the
object il bring the law into utter contempt and
efectuay thwart its execution then these monstrous
conditions should DO insisted upon. But II the object is
simply to carry out the law properly they should be
abandoned Mt once.
The man who voluntarily submits to such degrading
conditions in my opinion Is unit to have license. and
he who treats them with the contempt they merit shows
his fitness to receive one.
Look for a moment and what this application de-
mands beyond what the law requires and tell II 1t
would not be dsgraceful humiliation submit to its
terms
part OF the premises to be used. whether basement
first or second floor. Whence should like to know,
the power to require tins condition precedent
Section four OF the simply authorizes the Board to
license 'any person. &c, TO carry on the business at
any named place. y &c. TO say that this language
authorizes the Board restrict the license to any par
tcular part OF the promises designated an absurdy
beneath refutaon Iney msn. , as ~ s oompe .ae
upon the premises the bar Is 10 be located east, wes
north south the style of BAR kind of bottles shape
OF tumbler size Of demJohns and prescribe the mode
making cocktails brandy smashes sherry cobblers
Bourbon sours gin slngs, &C Stone fence vulgar
drink and its prohibition ought TO be insisted upon as
condition precedent.
Second-The applicant must agree 'that there shall be
an opening in the door windows of said pre-
mises least four inches square, through which may
be the entire interior Of the place licensed when the
same may be closed"
que the person in all where the opening at least
four inches square, Is required to be In the window
SeCOnu
Substantial ladder permanently liked so as TO enable
pmps and sneaks to ascend at all times TO this opening
at least four inches square. over which should be
marked the "Pmp's Lookout" or the ''Sneaks Look
inn. But there another omission, still serious
than the here indicated II contains no provision
for moving the barrooms Of the Asor St Nicholas Me-
tropoan, Fifth and hundreds Of other hotels
the front part OF the house. that the "openng at
q re- mace TSsn aya
many places partitioned on, the front room being
used cigar store, the bar being in the back room
These partitions should be demolished at once to accom-
modate the pmps and spies that are 10 be called into
being 70 watch these openings at least four inches
Windusts place suggests another omission, with
front Park and the rear ON Ann street; and as
there are many places bull, upon Just such provoking
that the brain capable Of conceivng such brilliant ideas
are contained in this delecabe document must have
taken into consideration all these minor points, and pro-
vded q system OF optics 10 which walls, partitions and
angles form impeachment I will not therefore, point
out any more Of these seeming omissions.
Wow Of the ao,ses Please ask The Commissioners
where they get the power to exact such condition.
can find no warrant for IL in the law; and the who
should propose 70 confer such powers by law would be
looked upon escaped unac, and DO captured and
The proposition is 80 repugnant to every feeling Of
manhood that il excites our contempt and detestaon
ceived IT,
The spy and pmp and the dstestable system of epon
age upon the liberties Of the people belong to tyrans
Let them remain in the countries they disgracewe do
not want them here.
You cannot urge too strongly upon the Board the ne
tempt 10 enforce II WILL and should, fail Even such
tyrannc power existed III does not) there would be
no earthly reason for Its exercise. The people have
shown disposition TO comply with the Excise Law in
good faith that is commcndable In the highest degree
While the law is admitted on all hands 70 be
Of improvement and in some cases TO work hardships,
II has been very generally complied with Let not this
duess ,his 70 The Law viii hari back these in
sulsng. illegal and degrading conditions the
whence they originated.
"a AID s~o fo a.
certified to be acorrect diagram Of the premises
pied by the undersigned" Tho diagram here referred
exper, archiec. 4 torture Into diagram Of the
premises occupied cui bonoP And again, whence the
there none) then this requirement is simply usurpa
T5wsA-'.The aprican, is required to state that he is
over twenty years y age and citizen Of the United
The Law lsection 4says the Board shall have power 70
character" Has il iscn judicialy determined that no
person Is OF good moral character unless be Is citizen
Of the United ss ate: u So when, where and b
power 10 make this exclusions There are many who
keep respectable places, who are NOT citizens Of the
this class have decisre their intentions 70 become
citizens OF the United Sttcs; but the law compels them
u o IS s:n
by this omuipotent Bcafs. They have shc power
TO exclude shis class from I'll other pursuita According
should & driven back 70 sr native ianda Americans
throughout the world shout be driven home. Peabody,
the great benefactor SHOULD not have been permitted 70
make his money In . foreign land. t*
Has u not occurred 70 thsee wise that Isolation
and excusveuees not American characsessics; and
that this attempted excluaiou odous II 10 legAf
FJA-.sko female ASSISTANT waiter servant any
person under eighteen years Of age win be employed
allowed In serving OF waiting upon, or In connection
with customer in the place whore customers
are served or waited Upon l -
This proposition must havs originated In the brain Of
some little urchn tired Of making nres cleaning spit
socus and weeping oue Such brilliant idea could mot
have originated from any oth source. IL u mot capital
II 70 glorious. 70 moN emsss so wssn dishes or cook,
or 70 Be visible Il hotels No moro urchins under
eighteen spitoons make nres pas the oysters
or hand around the cigar hghte 10 not II good, cspc
cially for the urchnss .as..a-. t
SssA-'Nor Win music" Dc, ''be allowed In the
note this and dispose Of their pianos inssane No
music ct parties, o. ~ public suppen The New Eng
land 81 Nicholas 81 Patrick, and other societies VII
govern themselves accordingly. at