The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-12
LIQUORS AND LICENSE.

WHAT TIE PRESIDENT OF THE EXCISE BOARD
SAND PERSONS USLAwFULLy SELLING LIQUOR
IN NEW YORK CITY.
Tho recent decision OF the Court OF Appeals In refer
TO section II Of tho Act or 1857 and the action Of
Judge Sutherland In the Court OF General Sessions
Tuesday In lining Mr.. Gilncy, barroom keeper, for
not having proper license has caused considerable
excitement among two different classes of the COM
munty wit, tho saloon keepers and tho temperance
mon.
PRESIDENT xoRroS's VIEWS.
reporter OF the HERALD called ut tho ofccs OF the
Board Of Excise yesterday TO inquire whether the
Court OF Appeals decision would result in their taking
any action in reference TO tho violation OF the law
The President or the Board Mr. Commissioner Morton,
said that the full text Of the decision had not yet been
received by MIN. and nnt that arrived and had been
carefully read the Board ouu not reach any decision
10 the course TO be pursued ''Our dutes" said
Mr. Morton, "as board are very simple, but impor-
tant; our business is TO receive applications for
licenses to sell quor and TO grant them TO persons OF
good moral character
us not your duty inquired tho reporter, ITO
take notice OF tho violation OF The EXCISE lawsf"
Commissioner MoRroN-No, there IS such obli-
CATION upon tho Board; It has discretionary duty
that would enable II to takc notice of such violations
II II desired To exercise II.
REPoRTER-Thcn, whom 'J0e' Coburn was keeping
saloon selling liquors without license, and such
fact was known TO you as Commissioner. you would
not intcrtcref
Commissioner MoRroS-rhat is the duty OF tho po-
ice they there to that saloon keepers have
license placed in Appointment position IN tho saloon
and report any failure this respect ana II disor
derby and disreputaDlc characters nso the saloon
resort they arc 10 report that aud thus bring the
matter under cognzance. But there hund rcds
oil places in this city where liquor Is sold without any
license that are not reported by the police. Even
II the Board was disposed take up hese casos
violation OF the law II has not sufficient appropriate
ton to enable IT to do the work thoroughly Tho Po
lice Board has 1000 men and an appropriation OF
4 mt
forth It's power and the Board will givo the order
RKPoRTER-How many persons arc selling liquor
tho OF 1857 which says that It Is not law al 10 sell
liquor unless under license as keeper OF either
inu, q tavern or hotel?
rME ILLEGAL LIQUOR TRAFFIC OF NEW YORK.
Commissioner MoRToN-About i've Thousand in this
city; about three thousand should think, in Brook
lyn and several thousand throughout the State This,
OF course includes the keepers OF lager beer sloons
who as retailers 81 lager beer would not prob
ably be strictly liable, but who all OF them
sell other liquors besides lager beer, and this
would brng them within the penal clause. WITH
50 largo number OF citizens interested in
this decision should not act prcciptatciy as a
board, II II duty TO take an initiatory
STOP We shall avs ait some action by tho police which
viii probably not be taken until |, seon what tho
State Legislature VIII do IN the matter OF legislation TO
meet the decision oil tho Court OF Appeals and the re-
vorsa OF the decision OF judge H. Darwin smith, mt
Rochester. bill has already been introduced for
this purpose in tho Assembly ana It, or something
ton seems to have demanded the iiquor traffic
should DC regulated, and experience SHOWS that
Il 10 useless 10 attempt 10 prohibit II. Tho
law of 1857 Is certainly vi dato The present
age, with its railroads all over tho country obleing
travellers to travel by railroad and not horseback
country roads, has changed the customs OF the people
and limited the number OF tavern Keepers, whose duty
10 ''provide tor man and beast In 1887 Union
square tho limits OF tho city, almost, and down
town merchants would 20 homo TO lunch. Now all
that 10 changed Down town merchants must lunch
down town and obtain refreshments quickly and tho
restaurant and tho saloon arc a necessity OF these
modern days. To 90 back tn the times 81 1851 Is
surd and legislation now will not contemplate any
such folly. Tho difficulty has entirely II ON tho
loyal aspect OF the question. Tho law OF 1870 was
supposed to provide tor IT, The Court Of Appeals says
defect As far the Board OF Excise is concerned t
will for that repair, and think the Police Board
vii do likewise.