, 1873-05-24
THE LIQUOR QUESTION.

wero sovonty deaths from tic disoaso In that
city.
THE LIQUOR QUESTION. |
Gov. Df1's Veto or tho l.ocnl-Optioa
Isiil.
STATE or NEW yo1M, Exrou11yE OHaMDEen,l
ALBANY. N. X, h1ay 10.
l,ayo giyeigl ilo most careful consideration to
Assembly bill No. 371, entitled " An act to OH
able tho lcgal votcrs OF any town or city to de-
torntne by ballot whether tho Hale, exporting Tor
snlc, giving army, or sufferin!g to bo exposed,
shall 30 prohibited, md 10 rogu'ato tbs sale for
medicinal, mechanical, chemical, or Bacra1nontRl
nso, aud to provide for the enforcement Of this
act and I return 1t With my objections.
prcss by oil just and elrectual measures Of log
{slaton tile evils OF lntompcranco-the un-
doubted source Of four-tlfths OF all the cri1nc,
paupcEisrn, and domestic misery In tho State
ia she way of tho praiaeworthy: efforts which tho
friends Of humanity aud good government arc
making for tho purpose of removing theso evils.
Ghe Rill sSnits s tho people u ths towns
,ae Of Intoxicating liquors, except for apecinl
purposos, shall bo prohibited within their ro-
speotiye limits. It proposes to leave to the
this respect what is most conducive TO their own
good. fully concur in the correctness Of this
proposition as o mastor both OF principle and
policy; md have nover doubted the propriety
NODDED to Hucuro thia rosult. It lies within the
direction of popular liberty Of the right Of tho
pooplesto regulate their local nffaira in such
mnnuor as tloy doom eHaential to their vol
faro.
Tbo chief objection to the bill is that
ciplo. II leaves to tho people Of
tho eovcral oities and towns only partial
and restricted operation III dlscharging what 1t
shall DO lawful to drink within their respective
municipal limits: It compo1s tho,n to prohibit
prohibit, ovory beverage which can by posai-
bihty intoxieato. 1t permits them to express
their wishes on single proposition, bns pre-
cludes such ~ expression on any other. It aays
tho uso Of ardent apirits within your limits, you
must prohibit alo, boor and cider also, for those
have, by n decision Of tho Court Of Appeals, boon
claased with Intoxicating liquors. II, On tho
other hand, you wish the inhabitants Of your
bcer and cider, you cannot have it unless. you
mako tic uso Of ardent spirits equally free from
restriction. You must prohibit NIL Or none. You
| cannot ]lnvo tho ono without tho otlor.
ties in which Btrong desire prevails to bansll
Hl,irituous liquors, tile Incorporate use OF which
| il tho source Of 80 much yico and poverty, and
in which tho deairo il equally strong to have the
to carry cut tho frst-nnmed under tho bill thoy
must rononnco tho lattor, or If they carry out tho
Inter thoy must renounce the former Tho bill,
therefore, wllilo profoaHing to leave tho pooplo
tho largcst liberty IN tlis respect restricts them
! to tho narrowcst They arc not permitted to
llayo choice as to what bevoragos it ahall bo
! lawful to use within tho respective boundaries.
Tho bill il francd in, tho interost Of restriction,
| and not Of freedom Of choice. deem this
| narrow yiow Of tho subject exceedingly ur-
| wiBe. a wido difference Of opinion proyaile
among tho people OF the Stato in regard
| to tho propriety Of distinguishing between ar
dent spirits aud tho Lighter bosersso7, son.e u
Portable quantities, and which In countries
whoro thoy arc in general use havo proved TO
a sTa ID h sx}sn 9s aangt
tho prevalence OF intelnperanco,. + tn not es-
sumo to docldo which class Of thinkers may bc
| OH tho right gido Of the question, but = Just
toleratioi! of tho freedom q of opinion ought to
to maintain their position by compnlsfon. It il
in this Wow that doem the provisions Of the
bill inae{ensible. DO not suggest that itsho"1d
hare exempted tho lighter b,overagos l5f ifom N
enS on to opS'ea s1presa a'N That would hase boon
restriction on their action and free
dom Of choice. I think the Legisla.
turo decided wisely not to restrict than in this
direction. But It has restricted them IN TUG . op,
posite; and submit that, III order to afford
caiIoa On to take at tie co1ning election, they
should hare had the opportunity of saying
whether tile prohhstion should embrace erden'
spirits only, Or whether it should exclude the
lightor beverages I thiuk the people are en-
titled Of right to this privilege. To withhold i
! from them by submitting the gonoral PROPOSE
ton contaiued in the bill, md compel them t
tolerate the uso Of sprituoua liquors, as It wonlt
in cases where they are unwilling to prohibit tht
use Of the lighter beverages, is not only re-
straint upon tic freedom Of ther choice, but I
distrust Of their capacity to decide rightly, i,
which I cannot conaent to unite.
be equally opeu to objection. Gy tho eightl
; section every OverReer and snporintendent
tho Poor, Assessor, Town Clerk, Supervisor
Village Trustee, District-Attorncy Sheriff,
: Constable, or police officer in any town wher
local prohibition is adopted, If ho knows any poi
aon who is in tho habit Of becoming intoxicated
il required to giyo notice thereof, in writing,
all persons who may be authorized under th
| seventh Boclion to soil Intoxicating liquors 10
medicinal mechanical, chemical, or sacramante
willfulY neglect or omit anything required to b
! | done by tho bill is made to forfeit tho sum c
800 for tho first ofonao, and In default Of pay
ment to bo Imprisoned III tue county jail or Ken
itentiary not leas than aixty daya nor moro tna
six months. And it 10 made tho duty OF tn
! Diatrict-Attoruoy Of the county to sue for a.i
pounlty incurred under the provisions Of tho bill
8 By Virtue of thcso provisions III. there is
= url1nRnTQ III Auy toHA hA4oto FAoatott'os-
j, edopted, 1arga number Of officers, aud If thor
t is 4 village within it, larger number aro r.
quircd to report hn under penalty Of fns a.
u iiotors u,ay bo sold" These places may bo i,
q definite in number for "any person, no ma
l. tor wt,nt his oaractcr nny be, by giving hls bon
for $1,000, with two s.lreties., sach 11lstifyng
= doublo that amount, may sell " intoxicating ]
p quors for medicinal, mechanical, chemical, an
j. sacramontal usca,'
n The sellers are under no obligations to asce
j. tni1, whether tho purchases are mat!o tn goe
j. faith M for ti,e purposos specified. They cann'
aor to he arSn M q Hse9 g aooRg On the premise to2
csteI. q miuor, or any ono to whom they ha'
' besn notiaed hot to aell and tl,oy arc require
d. to hoep opon for inspection books IL & which a
=. tho purchases aud saes ahall DO entered: y ~
tIoro il no public officer to whose discretion II
a lett to decide whether the persons intrusted WI
tlo aale of Intoxicating liquors arc worthy o. u
g. trust. Under tho existing lay, tio Aoafaa aa
~ Excise IN cltios, towns, aud villages, haYo pow
>, fo rrnl,t licaucuH to any peY8on or poIaoNe