The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-14
THE EXCISE EXCITEMENT.
Probable Course Of the Police and
Excise AuthOrit eS.
NO AVOIDING THE ISSUE


bombshell into the camp Of liquor Sellers and his
opinion, published in the morning journals, was ,hc
subject OF general comment among the ilk There is
good reason Tor them feel anxious. fhe voice OF
the law through Its municipal interpreter has at last
spoken in no uncertain lonc, leaving those who arc
sworn 10 execute the law other resource than 10
proceed vigIanty, without lear or lavorilism,
In the enforcement Of its mandates. First,
It Is declared that no license can be
granted by the Excise Commissioners that will
the salo OF and liquors 10 10 drunk
tho premises, except TO keepers OF inns,
hotels, and that II is the duty OF the police to arrest
all persons selling liquors in violation OF the statute
Secondly, the authorized 10 license
the sale oil liquors, In Quantities less than ayc gallons
to persons other than hotel or tavern Keepers but
not to be drunk on the premises Thirdly, the Com
mlssiouers may grant Licenses for the sao Of ale and
beer, provided the party receiving the same shall
not sell between the hours OF and five O'Clock in
the morning. or on Sundays election days.
Finally, the police arc given iuii power to enter all
premises and places OF amusement--by orco If
sary--sop the sale and the offenders The Cor
poraton Counsel, referring to tho recent decls on OF
the Court OF Appeals in tho case OF Gibney who WAS
indicted ana found guilty OF selling less i've gal
Ions OF sprtuous liquors, TO be drunk the premises
without license tavern hotel keeper says
that " is clear aud expressive and leaves nothing
him to decide with reference to ale and beer. The
Counsel states that the OF 1857 does apply
their SALE but that under the provisions Of
the act OF 1860, the Board OF Excise grant licenses
to persons other than tavern hotel keepers 10 sell
ale and beer 10 be drunk premises subject
Sunday restrictions above named.
LAW uyMrsrAKABLE.
1t will thus be seen that the smaller liquor dealers,
tho corner grocers bars &c., brought face
with the police all the time, tie lager beer and ale
dispcn sers only on Sundays and election days II
unnecessary TO state that the temperance people
tubant over the result since It IL pVint about which
they have been nduslrlousIy lighting years. lfthe
law is only partially enforced 1t will doubtless do
great good, Tor ntoxication will he confined to the
hotels and smaller inns while the poor devils
who "sleep ON curb stones and with a window
shutter" will be debarred Of tho pleasure OF royal
drunk at the corner srog shop As To sunday beer,
His satanic Majesty likely 10 DO whipped around the
base OF tree thousand ways despite the vigilance
OF the police, and those who II will get IT, even
though they have 10 climb TO the attic story Of pri
vate residence.
Al meeting of the Board OF Police Comm ners
Yesterday The subject above referred TO came up aud
was earnestly considered There difference Of
opinion as to the duty henceiorth enaied upon them
by the opinion Of the Corporation Counsel aud In due
srlngenty into elect In the absence 0I Commits
soner Hart however tho subject postponed until
next tuesday, when final ana, doubtless unanmou
action viii DO tnken. No orders we're issued 70 The
police, although IL rumorod that instructions had
several
Rraid on The liquor saloons last night
The Board OF Excise Commssiouers likewi se held
meeting yesterday and dotermincd That 1t was lncum-
bent upon them to obey The law as II had been
preted 1t was agreed that many personal grievances
and much litigation would be ocoasiOnod; that In
dvid uas who had complied with all the requirements
Of the law as heretofore explained would assert their
rights against what they would doubtless consider
present injustice and that no little difficulty would DO
encountered in many quarters carry ing oul us,ruc
tons but there was no other resources aud the Board
was harmonious In the expression Of its determination
Z a q uOo0
WHAT COMMISSIONER MURPHY SAYS
rms gentleman sad that while all good citizens sym
Gates TO prevent the saio OF liquor
cessory Of crime, mere law never would
ton would always be active, not alone on
the part OF liquor dealers, bur by owners OF
stores TO this class equally dlcut to lease them
tor any other purpose These property holders repre-
sent an immense power, and their influence reaches
everywhere, even INTO the very churcnes where tie
cry Is most loudly heard Tor this KIND reform Mr.
Murphy said that in his judgment II would b. imposs-
bic 10 stop the liquor traffic entirely and that tho
corrective 0i prevailing evils was licenses only
TO reputable piaces This had the the Elk
Department Another que that was worthy of
consideration in this connection whether tho
charities OF the city could afford TO lose the $500
that were annually realized from the liquor interest
and diverted TO their maintenance; but that was
mattor for other people TO discuss. As Tor himself ho
was strong advocate OF temperance, out not a be-
lover IN tho iron-clad total abstinence preached by
those who are seeking to reform the tastes OF The
munity.
Commissioner Wheeler said that tho opinion OF
Counsel Whitney had been the subject of considera
ton by tho Board OF Police Commissioners, but that
no definite action would be taken until early III the
ensuing week.
REroRrKR--E3ut what DO you think will be the up
CoNMIssoSEs-That shall obey the law. That is
the only resource, and rest assured when DC.
GIN we shall make clean sweep
RkpoRTEK--fhen you propose to have more far
cical sunday raidsY
CoANIssoSER-Not If we can help It. The statute as
H. ~lr Ihn IDnnl 0nlrfS lus
was employed on former occasion, and tue men ar
rested are likely 10 encounter trouble than then
In getting clear. l am not lawyer, however, ana
SIMPLY give this ms an expression oil my belief
REronrER-what do you think OF the grounds taken
by the Corporation CounsclY
CoMMIssIoNHR-t Is OF the clcaYest aud most un-
answcrabe documents that has come under my oDser-
va,ion He prcsc9!s law without attempting argument
quences neither he nor any othcrofilc has anything
10 do. -
REPORTER there not considerable excitement
among the liquor dealers over the matter?
Commemorative, and there Is likely 10 be q great
deal more next week, for when the police move they
wc'pas MAILING qad YEaasSDg
. good thing Tor The city IN the long run
SUPERINTENDENT wALLiSG
Tho reporter under the misrepresentation that orders
had already been issued to raid the liquor saloons
OF some oil tho precincts, and hearing also that re-
slstanco might DO made IN few Of what known
WaIlIng 10 ascertain whether no had made any pr.ps
ratons Tor such disturbance OF the public peace He
replied In the negative and added that thus had
received no Instructions and not ADVISED OF the
purposes oil the Police Com nissonerA
'But do you anticipate any resistance ~ inquired
the representative OF the HERALD.
"Resistance resistancef" and tho eyes OF the vet
sran policeman glistenod with old time battle light
as II he were once more nj tho head the blue coats
and facing mob why, sir, when tell my men 10
do thing they 90 and do IT, We don't know an thing
about resistance except just TO bring em Ia. ~
THE POLICE TO TAKE THE THE HORNS.
Police Inspector Thorne said that seemed as If this
law meant for the poles 10 take The bull by the
horns and they would have TO 20
Into the breach. The Inspector considered. how.
ever, that Il was matter deserving most serious
and careful consideration. II Affected Directly the in
tcrests oil over twenty thousand people, had hcen
brought w IN this busiucss and who colLk not DO
easily rcconcile any sudicn stringent olations Of
The law As regards the police thcy will have to use
tho greatcss In carrying ouL The letter
pi the law.
SHIFTING RESPONSIBILITY.
wholesale liquor dealer said that tho law as inter-
preted by Corporation Counsel Whitney seemed as II
lie Warc trying 10 throw ALI nosgihIa hau.n of his