The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-09-22
NEW rORK's moron MrDDLE
Aa"thcr Attempt 10 tiear II Up The LAW.
Actually In Force The xcisc hoard.

Actually In Force The I Ncisc B"nrd.
To THF EDtrOR OF THE St'N-.Sr: May
be permitted word concerning thoarti l"cn-
tilted New York S Liquor Middle In lust
Mon lays aUN2 The Court Of App als's Il ''is-
ion did not put in force all the law ~ 1857. II
only Diet rmin Il that tn" portion Of In" law of
1857 restricting the rigit 90 sell strong ana
spirituouS liquors to hc lruut ON the promises
10 inn. tavern. and hotel Keepers WAS NOT neon
s'strnt or in confit with the law " 1870 dhl
that thor fore. by tn" very terms " the law VI
1870 said portion Of the law Of 1861 WIS still in
fore throughout the STATE. The law Of 1870
siys tnat the law Of 1857 with the amendments
thereto "is hereby rrcnnotrd and made part
of this law. except 40 mu h thereof ~ is incon-
sistent or in conflict herewith" The law "
1863. which il AN amendment to the Inv Of 1851.
gives tn tho Bonrds OF Excise the power to grant
licenses to sell ale and beer. to be drunk ON the
premises where Sold to other persons than
inn. tavern. ard hotel Keepers. but excerpts the
metropolitan Police District from the operation
OF its provisions. This district was composed
of the counties oi New York. Kings. Queens.
Richmond. and Wcstchrster. My test case be-
tore Police Justice Smith was to enforce this
exccptio in the law of 1869. Justice Smith
agreed with me that this exception was still in
force at the time OF issuing the warrant for the
arrest OF the Comm ssioners OF Excise: yet.
noiw thstanding. he d smissrd the complaint.
] intHni to bring the matter before another
Juiisc IN my return 10 the lily.
TuHt your r'adcrs may understand the law as
Il rs. J. Z nae rcstIt tho above n u NOR" con-
dcn.rd form. The liw oi 1857 prohibits the
sale Of all kinds Of strong ana spr tuuus
liquors 10 be- drunk ON the promises where sold.
rN rpt hy inn. tavern. ana hot'l keepers. Tn"
llw Of 500 permits the sale oi ale and beer Ia
b. drums on tho urcnis = by other persons than
mr osr P"d n' str TheN l aw Of is7o
retnuets the law ol 1857 and the law Oi 1863. OK
c"ItHo mn u th.reni 9s -i - q ons st mt or IN
law are explicit. The trouble arises in trying
To dct"rmin' whht portions oi the law OF 1891
Il 1t with the law Of 1870. Judge Smith. as |
infer from his remarks NJ the time oi the nrgu-
m"nt before him. thinks thgt tho clause Of tao
lnw oi 1863 excepting the Metropolitan Police
District IL not in force. because ak days before
the passage Of the law Of 1870 the law creating
the Metropolitan Police District was abolished.
and therefore the clause OF section four of the
law, Of 1869 referring to said district il mean
think II is only necessary to state the propo-
siton To show its absurdty. Because ter
ritory Is abolished in name. IL does not
follow that IL il abolished in fact. The
territory constituting the Metropolitan Po-
lice District is in existence. Notwithstanding
Ing ing the law creatin,gw rs name Is rcprail,d'
srys the law OF 1869 excerpts the Metropolitan
Police Disirst from its opGri ,G ana ,hsrc
York Ia part Of said dsiricU has the power TO
grant nrcns = 90 sell ale aud beer t. be- drunk
on the premises 10 any person OF good moral
character. Strange reasoning this. The arti ln
r,icrrcd to IN Mon lays SvN. vide paragraph
10. states that the Bourd of Excise ms sis tnnt
the parties to whom they granted licenses can-
not re- over from the board pro r Ia the moneys
paid them for their licenses, because. even
under the licenses they received, they had the
right to sell ale aud beer and the board had the
right 10 charge. within certain limits. such Tee
MS saw III for an ale and hrrr license. This
~ not So. The orns,. - II tn" nature Of n con-
tract. Tho Board OF Excise agreed to give the
hrrnsec the privilege to sell all kinds q strong
and spurious liquors. wines, aler, and beer-.
To- be- drunk on the promises. II the privilege ~
abridged. the damaged party can recover dam
ages. In the very next paragraph tlf properly
reported tho m-mhsrs Of the board assume Il
| different position. They say: How can W. re-
| vOk" what We have bright TO grantY' II tha
| license IL good M to the sulc of ale and beer
can't they revoke that part Of IT The board
undoubtedly have right to revoke what 'ver
thry have granted under the license. II liquor
II sold on Sunday.
The beauty Of our excise laws. you will per-
ccIyc. is the ease with viii h they are construed
WILLIAM ii. MuNDN
SENECA FALLS. Sept IS