The New York herald., 1877-11-21

everybody would agree with Judge Davis that to n-
toxcatou great deal of crimo was chargoabIo
anu that the regulation OF tho bale OF strong drink
was something to be controlled strictly by Law where
not wholly prohibited. The statement, however, that
there are 5000 places In New York selling liquor
inns. taverns aud hotels he said curious stretch
oil ngurca He then gave the follow ng ns tue Dumbes
o. granted by the Board SINCE the decision Of
the Court oil Appeals, IN March OF tho present year
rs hotel licenses l50 second class licenses, these
betng Tor the sale Of liquors in drug stores, In
wholesale groceries ana large downtown liquor
houses, where liquor Is sold by tho gallon &C, and
100 ale and beer licenses Besides these appIis
cants have filed their petitions licenses aud hold
receipts which entitle them TO reclaim thor money
on tue refusal OF their applications, and then sell
meanwhile
at IS claimed" /" the wrter said, "that your Board
has granted licenses 10 com barrooms where the
required three beds had been specially provided bat
where no traveller Is ever accom- odated with lodg
ings. How Is thaty"
Commissioner Mosros-No SUCH thing has eves
happened. We have granted hotel licenses only Ia
hotels, inns or taverns as the law requires
''Dccs the Board undertake TO stop those selling
without lcenseYns
commemorative have no power TO do 50. That is
duty that belongs 10 the Corporation Attorney tho
District Attorney II We hear Of such cases We re-
port them To the police. We have no right institute
suits against them
"How do you ascertain whether applicant should
coMMIssIoxxs-wo have our inspectors, whose duty
II Is to examine the places and report back 10 If
the place Is regular motel, ion tavern grant
tho license; otherwise tho application s rejected.
No doubt, the Commi issloncr continued, there arc
great many persons selling liquor IN New York to-day
who right to do under the Law, but they
not dong 80 with our permission These places should
be closed by the police u the law Is 10 bo
strictly enforced. We cannot close them. II We dis
cover hat any person to whom we issue License
violates its PROVISIONS by selling 10 minors or ntox
csteu persons revoke the license. Tnts ID al ar
30. The bulk OF licenses, Mr. Morton added,
issued IN May and June hencc tho story OF 5000
licensed mn aud tavcrns Is a little strained.
THE OLD LAW.
Prior TO the decision OF the Court OF Appeals the
granting of licenses by the following sec.
tion~ot the law OF lSl0:-
Tho Board OF Excise in cities, towns aud villages shall
have licenses any at
good moral character who shall be sapproved thom to
village strong sptuous liquors, wines. ales
beer IN quantes less than hve gallons u upon
receiving LICENSE fee 10 fixed In their discretion aud
which snail not less than $50 than $3.50 Sucl
licenses shall only DO granted written applications TO
the said board sgncd by the apple applicants spsci
fying place Tor which license is asked ad the
oil the applicant or apptc nts aud OF
interested to be Interested Ia the business to
which the license shall be used
THIS was presumed TO abrogale tho section OF the
law OF 1857 respecting inns and avcrns until the Court
OF Appeals decided to tho contrary, and Supreme
Court General Term, decision supported that view.
Some licenses granted under that Interpretation o the
law would have expired yet If nuliined by the
action OF tho higher court The wrior cndcavorcd "a
how far the interest OF sufferers this
decision who paid money Tor licenses useless
was recognized by the Board, but Sir. Morton cSuid
not say, ono had applied Tor compensation