The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-13
The Corporation Counsel's Reply
to the Police Board.
BARROOMS ILLEGALLY LICENSED.
Hotels and Inns Only Have the Right 10
Retail Liquor.
ALE AND BEER MAY BE SOLD

tuc III" hiac-tehtuS VI VIZ iVuVr CeacIS OF
are sclIn Illegally notwithstanding thcy selling
under excise licenses. At the meeting OF tho Board OF
Police day the matter will be brought forward and
decision. SO far the action OF the police Is
cerned, probably be arrived ats
THE CORPORATION CouSsELs OPINION
In the recently decided ny tho Court OF Appeals
the defendant Gibney indicted and Tried tor selling
strong aud spirituous liquors und wines by retaii
quantities OF less thn nvc gallons at time 10 be
drunk on his premises, without having license there
Tor as nn INN, tavern Or hotel keeper Under tho
sruciions Of the Court the jury found him guilty and
The Court OF Appeals sustained the convection. The
Of chapter o.s Of Ihe LAWS OF 1851 IN
regard 10 the licensing OF persons sell strong and
sprtuous Liquors 10 be drunk ON the promises OF tho
person licensed which are not IN conflict with The
visions o tue uct chapter l75 Vi tue Laws OF 1870 and
that the PROVISIONS OF section oil SAID ac of 1857,
which declare that licenses shall not be granted to any
person 10 sell strong md sprtuOus liquors wines
TO be drunk on The promises oil tue person licensed,
unless such person an Inn, tavern or hotel keeper
are still IN iorcc
INVALID LICENSES.
This decision is clear expressive, und upon this
point leaves nothing for mo to decide. II Is to the
ELECT that INC Board oil Excise THIS city
grant licenses 10 any person 10 sell strong and spirit
uous liquors and VINES 10 10 drunk on the promises
oil lie person unless SUCH pcrs OH Is au iuu
tavern or hotel keepcr, aud that all licenses which
have been heretofore, or which MAJ hereafter DC
granted to persons other than iDn, tavern hotel
Keepers u sell strong aud spriiuous liquors anu
10 DO druAk on tho premises oi tne pcson licensed
are invalid. Such LICENSES authorize the persons 10
sell liquors anu wines III quantities less than five gal.
Ions AZ u time, provided the same not drunk GU
The premises but aord no projection 10 the us
selling sucn liquors Or wines II the drunk
the premises. All such persons licensed
sell strong and spirtuous liquors ana vines
IN SINAI! quantities otter Than iun, tavern
or hotel keepers, who sell liquors and wines
70 DC drunk on the premises arc Liable 10 arrest the
same manner AS persons WHO sell liquors wines IN
less lnan five gallons NJ time without having
license therefor. and tho police have the duties
perform in relation u the former that they have IN
relation 10 the latter
THE EXISTING STATUTES.
With regard 10 tie other branch OF the inquiry
covered by the resolution OF the Board, have ad-
wise That tho statutes winch ut tho present time rcgu
lnte, restrain or prohibit n ths CITY the sale OF
toxicatng liquors arc tho oilowiu :-Chapter 62s OF
the Laws Of 1867. us amended by chapter l43 oil tho
Laws Vi 1905 chapter IA OF the Laws 1861 chapter
lbl OF the Laws OF ls62, chapter $50 OF the Laws Of
Win chapter IFS o the Laws OF 1870; chapter lI5 OF
tbs ws oil 1870 and chapter 548 oi the Laws Of 1914
presume u Is not necessary Ior hc 10 20 into any
general discussion cOnsidcratiou OF these various
statutes, Us do not understand that there is any
doubt or dispute us 10 tho most Of the provisions
tanned IN them. shall therefore only refer TO tho
particular inatlers 10 which reference made ~ tho
general order OF The Board No. 2C3, which was Haas-
United with your letter, other point,
gard 10 which observed there has been lone dler-
ence Of opinion.
Frst-undsr section 10 OF the OF 1857 no person
eau sell any strong or spirtuOus liquors or
quantities less than live gallons ut time without hav
ing u license therefor.
Sec0nd-Undcr tho provisions o! section OF tho act
Of 1870 Accuses cannot be granted to any person to
sell strong and spirltuous liquors and wines To be
drunk On the premises Vi hc person licensed unless
such person Is AN inh, tavern or hotel Keeper
Ihard-Cndcr scclon OF The act vi 1870 licenses
granted by the Board oil Excise do not authorize any
person persons to expose Tor sale, su givo away
dispose Of any stroug sprtuuus liquors, Wines
ales beer any day between the hours OF and
two CLOCK IN the morning; and all places so ,c nscu
must bc closed ana Kept closed between the hours
aforesaid ha language used IN th.s section Is very
explicit and do not that thorc can be any doubt
or dispute rs 10 It's meaning
Fourth the prov isops section Il of cha per
549 Oh the Laws OF 1873 no inn tavern Or hotel keeper
or other person eau sell or give away intoxicating
liquors and wines on Sunday or on any day Oh which
general or special election shn be held. The only
question OF Importance, 50 lar US l am aware, when
has reference 10 the meaning Of this section
is whether 1t applies TO the sale Vi malt liquors. had
occason at the request ol tho Board slider this
question last year, aud beg 10 refer you my COM
nun cation addressed that time 10 your Board as
reasons at the present time 10 doubt the
rectness OF the conclusions then expressed.
FJut--Under the above mentioned acis tho selling
OF liquors in quantities IN less than live gallons with
out a license the selling by licensed rcrsons other
than Inn, tavern anu hotel keepers 0 strong ana
spirtuous liquors and wines 10 be drunk on the prem.
isss ol the person LICENSED tho exposing Tor sale
selling or givin. away or aisposing OF any strong or
liquors, wines, alos or beer day be-
tween the hours Of and i've O'Clock IN The
ing; tho selling or giving AWAY intoxicating liquors or
Wines inciudin- malt liquors, On sunday, olec-
tioD days, are msdcncanUrs, ana the members OF the
police force have power to immediately arrest without
warrant, ana take ~ custody ANY person who shall
commit such said msdeincanors IN The prcscLce vi the
pOiicc tprcc.
.Sixtt-l have also heretofore advised that members
ment and places where liquors sold without
pay ng for admission, aud that such entrance rs re-
ued alter the purpose oil admission desired has been
stated, the police such force may be hcccs
sary 10 enter the promises stil believe these views
to correct and l. therefore, adhere 10 the OPINION
gwen by me on tnis point,
Sc yenLh--I observ we'd BY the newspapers that the
question has arisen rs 10 whether The Board OF Ex-
Csc IN the city can grant licenses 10 sell ale and
beer TO 10 drunk ON The premises.
ALE AND BEER EXEMPT.
Tho act OF 1881 Goes not IN terms refer TO ale or
beer. Section oil chapter SOD, amending said act
of 1857, declared that all the provisions .; SAID
oil 1897 should DO held 10 apply u the sale OF ale
beer, except so much thereof as oroids granting Of
ccuscs to any person except TO such persons as pro-
pose TO Keep IN Inn, tavern or hotel, ana the Com
missioncrs OF EXCISE were, in Their discretion, au-
to grant licenses Tor the sale VI ale beer
to otuer than thoso proposed 10 keep Inn,
tavern or hotel Section vi SAID chapter 500 de-
clarcd that nothing IN that act should Apply
to the metropolitan police dstrcL at tho
time OF the said acl OF 1869 the city OF
New York was part OF the metropolitan dis
trict and The sale vi intoxicating liquors IN 1t was
regulated by the act passed April H. 1866 sad act Of
Apr H. 1866, was however, repealed W section d OF
chapter lI5 OF the Laws oil 1871 and SAID section
iurner declared that the act OF 1857, iucuding, of
course tue above amendment oil 1867 ''snoud be and
remain IN full force aud elect throughout the whole OF
TINS state" II seems me, therefore. that tho pro.
VISIONS OF section oil act OF 1869 force In
this city, ami that the Board OF Excise can grant
licenses 10 persons other Than even tavern or hotel
keepers to soil ale aud beer 10 DO drunk on the
promises.
MEETING OF THE NINTH WARD AUXILIARY So
cIkTY FOR THE PREVENTION OF CRIME
GLoRIFIcATIoN OF CORPORATION COUNSEL
WHITNEY.
Just prior to the commencement Of the proceedings
OF the Ninth Ward Auxiliary to tho Society TOR tue
OF Crime last evening" III the Eleventh
Street Presbyterian Church, swallow flew through
Of the open windows, and after gracefully sailing
tn rough the ediGce suddenly made its exit II was
suggested that this was the kind of swallow they
had met to talk about
The President, Rev. Mr. Merritt stated that In this,
the banner American ward OF the city of New York,
there were 1874 unlicensed dram shops, sixty IL
censed and twelve holding receipts emitting them TO
licenses. He urged tho people OF the ward TO como
forward as one man and maintain law ana order. He
believed that u short time Vie advocates OF the OBJ
jects of this society would make "Romo howl" as
had boon made TO howl heretofore. He predicted that
exposures would DO made In the course Of tho move
nent that would asound the community.
THE ENFORCEMENT or LAW.