The New York herald., 1877-12-18
lAWLESS LIQUOR.
An Embarrassing Situation for Dealers
and officials.
A. OAKEY HALLS VIEWS
Proceedings in Court-A New
Test Case.

Al an early hour around the corner OF Mulberry and
Houston streets. began to gather the applicants Tor
licenses as they have gathered for the past woek.
There were few faces among the throng, but
there seemed to be more women than usual At the
doors Of the Excise oce four burly policemen kept
guara, and only admitted those who had permits.
When man made attempt to enter and was re-
pulsed by the policemen his discontinue would be
hailed with general laugh, and when one succeeded
IN entering, his disappearance was hailed with
IN admiring .Ah-h-h." All day long people went
In and out, and all day long tho people In the
street watched them When one Of the en-
ployes OF the Excise Bureau would appear
OF tho door window there would be a
universal shout, If OF the Board showed him
self at the door for moment there would be an i'm
mediate rush of several hundred persons to speak
with him. The attention not ali paid TO the Ex-
c,se Board, however and occasionally some one would
find his way into Police Headquarters. Ono person
buuonholed q Comm missi on the sidewalk as he
was leaving the building, ana informed him condden-
TALLY that unless sthis thing was stopped" there
would be riot in New York before which the terrors
of the draft riots OF 1852 would pale utter nsgplf
canoe. By the peculiar way In which the Commis-
sloncr smiled he rounded the after this
founding revelation II did appear to have seriously
Affected him
Al dusk the crowd about the Excise Office began to
ell day grew lower and lower until nobody was left
but the guardians at the door. Inside tho building
there the utmost activity until quite late in the
evening, aud foroe Of clerks and assistants
certainly inadequate meet the unusual and
lating demands. The Commissioners themselves we're
as busy any one and seemed to have genuine de-
SIRE to please their many patrona
Commissioner Owen Murphy gave notice last even
ing that he would In future pay all money refunded to
dealers checks payable to the order OF the holder OF
The receipt This will be done TO prevent possible
fraud in the COLLECTION Of receipt money Of which sew
eral dealers have complained.
INTERVIEW WITH A. oAKEY HALL.
Remembering that Tor nearly quarter OF q Gen.
tury Oakey Hail. as either District Attorney or coun-
sci to the Police and liquor Dealers associations
Mayor, had greatly observed excise matters,
a HERALD reporter despatched to hunt him up.
The ex-ofaclal was overhaued In the library OF tho
quarters OF the Lotos Club and ho cordially In
vited his visitor that ronted fine picture Of
"Bily MITCHELL" of old olympic fame
"Are you giving any attention now TO the excise
imbroslior'
"Oh! thanks for reminding me OF my inattentioD.
Will ring the bell Tor any club tippe you may
prefer The Toledo lager beer In bottle this time Of
day, with cold wing OF chicken, Is -"
II was explained that the excise inquiry was Of q
political and legal signidcahco.
..Yes, have had great leisure for reading the re-
ports lately while travelling by day to lecture
engagements AZ night, and the entire situation is
vividy before me-"
.'You have had much practical experience touching
excise mattersf"
eyes have been District Attorney under the old
city laws the prohibitory fzzle Of 1855, the
ratrap statute OF 1857 the fireworks provisions
Of the Metropolitan police 1884 touching
sovenlncss OF 1870 and the solderngs Of the statu
tory teakettle OF 1873. What them"
.Has your attention ever been called to he posi-
bty that city authorities never surrendered thcir
OLD excise privie2esf" :"
Certainly, not the shadow OF claim Tor
It. When the Prohibitory law OF April y, 1855, was
passed the prohibition against licenses Instantly took
effect On the LIST day OF May 1855, licenses became
law ful tor selling liquor only mechanical chemical
medicinal purposes; and the succeeding 4th Of
Juy-by q grim irony ofthe CromweIiian Legislature
Of tnat perodthe oppression OF seizures was to be
Initiated. There was thus some three months OF ud-
dlci interregnum, and the nantry OF the Bar, who
love skirmisn around statutes hripg of usilades
and the ike having called the attention oi the CON-
mon Couucil and Mayor Wood to the proposition you
mention, they referred 1t to Ar John b. Haskin, then
Whitney recently has that the excise powers OF the old
cnaer have been, with many others, surrendered 10
THE LAW OF 1855 UNCONSTITUTIONAL
"rheodore TomlinsoD WITH tnat dislike ot oppression
that has always belonged 70 b. brought the case of
Mr. Walker reDorted, think. IN the fourth vo'ume Of
Common Pleas Reports) before Judge lngraham, that
famous municipal encyclopedia with the vew OF Test
ing whether there freedom OF liquor selling
through some omission Of the statute but the ingen
points taken were not allowed. Practically, how
ever there was free liquor selling for the next year.
] as District Attorney concurringJ Immediately
treated the law as unconstitutional Not long
aiterward the Court OF Appeals SO decided IN most
Mosaical work OF logical opinion by Judge Comstock,
the present senior counsel tor the Vanderbilt WILL
The law 0i 1865 however, mad been made more uncon
stitutlonal than the fanatics oi tho Legislature in
tended When IL was discovered that u Mainc law
ave so pracsd M a. Albany as 30 more
hoist the prchbitory engineers with their own petard
For more than Two years there was, In consequence
practically free liquor selling ia thus city; ana am
The police statistics Will show that although the
city lost revenue tnere was neither saturnalia nor
Increased Drunkenness nor intensified crime. Hero
begins tho iallacy OF tho extrcme temperance men.
The earlier laws were simply revenue laws such
was clearly that OF tho Montgomere charter, which
uuaInty speaks OF q forfeiture f5 by every person
VINO, without license Ia force, shall keep public
ordinary, victual,ng house, or sell Strong water.
for the collection OF the forfeit by dstrain;, license
fee beng a guinea and a hall. The common law per-
mitted lree liquor selling. Statutes provided the
license and ine for sale Without It And to this
day II II not misdemeanor In Great Britain TO sell
imprisonment in lieu Of nonpayment) being re-
gardcd there as penalty tor breach Of
police regulation The license. statutes of 1873,
1874, 1925 and 1921 relating to New YORK city, con
tcmpatcd only revenue aud regulation. The tendency
of extreme temperance men Is 70 regard liquor sell
Ing crime per That IS TO say, the Lcgislature
my license crimel The true theory OF liquor
license put statutory police fence around liquor
shops, so that they may contribute 70 support the
police and health authorities, VINO are sometimes sub
ecled to the expense OF keeping the peace among the
customers who TOO freely succumo to vice
THE Law or 1887.
s'Next came the Law 0f 1851 which was on Its lace
restrictive enough, and intended strict temper
ance measure; but u became to be treated quite as
much oil dead letter, SO far prosecutions
for noncenses are concerned as now are the lottery
betting raffng or proiane swearing laws. In
1870 a very capital excise provision was In
serted into the proposed charter by the late
Judge Edmonds, but IL was not passed; and instead
came that separate act (aiterward nmended), and
which seems have omitted to repeal pressly the
hotel restrictive The Temperance act 1867.
II was o compromise statute-a compt omlse between
extreme views both sides with the republican Sen
atoriaI Committee, rather inclined 10 hard lines" /"
"what in your opinion, Is the obstacle to having a
Harmonious excise law2'
''simply the want Of harmony among the business
men affected BY It's provisions ana because
they or their Albany advisers DO not comprehend the
wisdom obtaining what they can, instead OF rskIng
everything upon getting what eacn wants In h,s own
way. In place Of forming an excise protective union
In which wholesale dealers. maltsters, brewers, dis
tlers importers, bottlcrs, native manufacturers
hotel keepers, rcstauraleurs, bars, retailers, &C,
-.