The New York herald., 1877-11-20

quire that if a man comes from the West to
tell rs stories he must tell US some we don't
know.
Commencing at tho Tountafn-hcad.
Judge Davis yesterday charged the Grand
Jury of the Court of Oyer and Terminer to
guilty Of granting licenses in violation OF
law, and instructing them that should they
find such to be the fact it will be their duty
to indict 'at the fountain-head the officers
who have thus perverted law and justice
and trampled the statute under their feet
under the pretext of doing their duty" 1t
is not o difficult matter to determine
whether licenses have or have not been
granted by the Excise Board in wilful vio-
lation Of the existing law. The Excise act
OF 1857, which is now in force, provides rs
follows -
SECTION 6-L,censes shall not bc granted to any
person to sell strong and sprituous liquors and wines
10 drunk the premises OF the persons licensed,
unless such person proposes to keep an inn, tavern
or nOel, nor unless the Commissioners arc satisfied
nat tho applicant is OF good moral character that nc
mas Sufficient ability to Keep inn hotel,
and the necessary accommodations TO entertain ravc
lers and that an inn tavern or hotel Is required
The actual ACCOMMODATION Of travellers at the place
where such applicant resides or proposes 20
keep the same; ail OF which snail DO expressly
be granted except on tho petition OF not less
than twenty respectable frccholders OF this State ro
siding In the election district where such Inn, tavern
or hotel is proposed DO kept by them duly signed
ani verified by the oath Of subscribing iincss and
not then unless in the opinion OF the COMMISSIONER
sucn nn tavern or hotel necessary proper; and
not more than license shall be granted on The
All pettons on which such licenses shall DO granted
sna be filed with the County Clerk within eight days
And IN case tho Commissioners shall grant any
license contrary tho provisions OF this act thoy
shall be deemcd guilty OF Il msdcmeanor
An inn, tavern or hotel thus licensed in
q city is required to keep ''at least three
spare beds and the necessary bedding for
the accommodation Of travellers" There is
no other provision of law except those we
have quoted under which the Excise Com
missioners can grant any license for the
sale OF liquor or wines to be drunk on the
licensed premises. They may grant licenses
for the sale Of liquor or wines in quantities
less than five gallons. but not to be drunk
on the premises, and in case Of granting
any such license the law Of 1857 provides
in section II, that "there shall be inserted
(therein) an express declaration that such
license shall not be deemed to authorize the
sale of any strong or spirituous liquor or
wine to be drunk in the house or shop of
the person receiving such license, or in any
outhouse, yard or garden appertaining
thereto or connected Herewith"
These provisions of the law are plain and
can be easily understood. The Commits
sioners cannot pretend that they have
granted licenses on the statement or oath Of
licensed person that he does keep or pro-
poses to keep an inn, tavern or hotel
within the meaning Of the act, because the
act places on the Commissioners the respon-
sibility Of satisfying themselves that such
inn, tavern or hotel lis required for the
actual accommodation Of travellers" at the
place where it is proposed to be kept, and
such fact is required to be expressly stated
in the license Probably no one will at
tempt to deny that the law has been vio-
lated in ninety-nine out of every hundred
licenses granted in this city. No person
can walk half o dozen blocks in any direc-
ton where liquor saloons abound without
discovering double that number of licensed
places which are self-evidently and fla
grantly in violation of the law.
The law of 1867, which the Legislature in
tended to set aside, but which the decision
Of the Court Of Appeals restored in conse-
quence of the imperfect manner in which
the superseding acts were drawn, is not
fitted to the requirements Of the city Of New
York. In the interest of the city, of the
people and of the cause Of temperance, we
need a careful, stringent excise law, capable
of being thoroughly enforced. But that
does not justify the Excise Commissioners
in violating tho existing law. he surest
way to secure the alteration Of q bad law is
to enforce 1t strictly. The Excise Commits
sioners ought to have followed this rule,
which it was their duty to do, and then we
should have stood better chance than we
now stand Of securing good excise law,
and the Commissioners would hove escaped
the danger, now imminent, of on indict-
ment for misdemeanor.