The New York herald., 1878-02-07
The Merits and Faults of the Exist
ing Law Presented.
HOTEL-KEEPING .ARIST0CRACIES
The Economic Advantages OF a
Strict License System.
OLD BAD LAWS Or NEW GOOD ONES ?
[BY TELEGRAPH TO THE HERALD. ]


excise law for New York city, before the Commit.
tee on Internal Affairs. mado this evening
in the Assembly chamber, where pretty nearly all
the members OF the committee were present The
antagonists those representing the society Tor
the Prevention OF Crime in the City OF New York and
the Law and Order League OF the City OF Brooklyn
opposed 10 several advocates, including Colonel John
Tracy and Judge Dittenhoeder, OF new excise law
especially for that city and generally for the whole
State The arguments on both SIDES were interesting
It was claimed on behalf OF the Society for the Pre-
vsntion OF Crime that tho existing law, restrict
ing licenses to innkeepers. is, on the whole,
the best and most improving statute Mr.
william B. Milliken contended that tho
law 80 disting nguished between hotels and
restaurants, as to prevent any place in the State
from becoming a "tippliug shop" but in the
course OF his speech alluded to bar in hotel as an
excrescence and very deplorable tipping place,
which, however, could at present hardly be avoided.
Both Mr.. Mliken and Mr.. Morton, Of BROOKLYN, drew
earnest and impressive outline pictures Of The misery
which is occasioned In families, especially In tene.
ment houses In Now YORK and Brooklyn. by the sale
Of intoxicating liquors at the saloons whne
engaged in these delineatons and IN their
Il s Iha. the tepr,bio evils that they depicted cocks.
with the present law, and might not he done away
with under law more explicit and stringent MIR:
Nilliken asserted that the existing law OF 1857 had
failed be enforced where persoveringy advo-
Gated by the better class OF citizens, and opposed the
DAILY bill, on the ground that II we permit Excise
to grant licenses 70 'persons OF good
moral character'' take away all restrictions and
allow them 10 gran licenses everybody They
,eused. he said to grant Incense except to partes
guilty OF obvious msdemeanor, 10 felons or unpar-
doned criminals. Liquor dealers, according to Mr.
MilliKen, will all get licenses unless the EXCISE Com
issi0ners deprived OF discretion In this regard.
MR. MoRroN's ARGUMENT
view, partly economical and partly sentimental,
was taken by Mr.. Morton, who, dwelling upon the
OF dissipation immortality and crime associated
with the indscrimnate sale OF liquors ana upon tne ae
their small earnings for acoholc drinks said That
there would be great reduction OF municipal ex-
penses and consequently OF municipal taxation IN case
OF reduction OF the number Of dram shops Also that
there would be Improvement OF work In business
hours, and, therefore, great saving 10 employers of
workmcn in many avocatons II a law were enforced
forbiddng The retailing Of liquors alter ten O'Clock at
night AND thus preventing men In from gong gong nome
going 10 their daily toll in that condition.. In
This connection Mr. Morton. who appeared to cenced,
tho enforcement oil tho present Excise law spoke
favoraby of the Cormack bil bill brought forward
solae weeks ago, which was indorsed BY the Law
and Order League OF Brooklyn. OF which Mr.. Morton
is member The gentlemen who commended the
present Excise Lave were replied TO at not SO great
length but with ability.
JUDGE DIrrESuoxrrER on HOTEL KEEPERS
Judge Dntenhoener was not quite happy In The first
place impeaching, with an apology the declson OF
the Court Of Appeals IN respect TO the present Excise
law; aud next in Representing, without an apology,
bis opponents for impeaching tho decisions OF
s,y OF New York He Went on TO op.
pose an "aristocracy OF hotel keepors,' and
tated that there is more unlicensed selling Of liquor
throughout the Statc under the present law, than
Shere could possibly bo undor Tor example, the pro-
posed Daily law. Any law which shall hring ths
condition Of licensing him n statement Of MS resi-
deuce and adequate bonds Tor his iunmcnt of the
terms OF the law, he thought would be preferable to
The prevailing mudolc ana he characterized the
srend gentlemen and their agents. who come hero
pretending to represent the great metropolis as just
Is ridiculous in their preensons as were the three
tailors OF Tooley street. He also said that every
paper published In Now York city advocates some
iioDal change OF the present law.
MR.. TRACY THE DISCUSSION.
Colonel Jonn Tracey following after Judge Often
mittee, made an exceedingly cogent, thorough and
graceful ADDRESS, The Excise question, he said, has
entered upon peculiar phase. The aaher-
must be maintai because 1t Is necessary
10 the morals OF the community. Hereio-
before the committee OF the Legislature have
been c'ergymen. Their arguments seem TO be that
the power OF nempsrance SO great that 1t is useless
to try further experimehts in checking II,
and, believing that intemperance has been
checked somewhat in some localities bv the
machinery Of the present laws they decline 80 con-
sider the question whether those laws can be i'm.
proved or not They 60 so far IA TO assert
that an old bad law is better than q
these lauded laws OF 1857, 1870 and 1873, and the
other agglomerated laws, repealed and unre-
pealed, by which the excise system OF the State
is now compounded. Is there prevalent order,
general temperance, universally collected revenue,
or other good ffuit such as should be the out.
growih OF a rational system OF iawsp In tho
chief city OF the State law is dehed. public business
Ianguishing revenues are deficient, while all attempts
10 enforce the laws are Indefinite, not founded
npon the rock OF right reason but anchored
pnly In the qucksands Of ignorant prejudice,
result in spasmodc exhibition Of despotism destruc.
live OF all respect for the laws antastically and
raprclousy executed. No sane person
MAINTAIN that ths recent so.called enforcement
Spcciscle. Thousands OF well known citizens have
been thrown into jail without warrant or responsible
charge while conducting business under privilege for
wnica they had paid, and the enjoyment OF
which had been promised them by the ohi-
cials responsible for the execution OF the laws
The facts demonstrate that the present laws, even
under most extreme CONVICTIONS, do not provide for
tho projection OF good order On the contrary, they
fail to preserve public order and destroy private
liberty. They also fail 10 cut on the pro.
l6c sources OF tho evil OF iptemperance, because IN
many communities thorc exist under thelr opera.
tons more unlicensed than licensed paces, and
the namber OF reputable and responsible houses
Is too small in comparison with that OF
those whose proprietors are irresponsible and
whose business IS iIiegi,imate The unlicensed
dealer, whose business is done in defiance OF law,
child. DR.. Crosby says that more than
baf OF the drinking places Of Now YORK city
arc unlicensed. The civil Damage act IS
The present statutes render almost every
section Of law upon the subject uneniorcibio
through jury tras Licenses forfeited as pro.
vidcd oy chapter l15 CT the law OF 1870 and by chap
ter 900 OF the laws because the ncongruous and
contradictory system has parAlized all attempts At
VS.. Smh decided one point onIy-namely that through
negligence on the part OF the trainers OF tho OF
1870 and 1873 the innkcopers' sections S to Is
oi the law OF 1851 were still IN force. One
point OF conflict only OF at least
score has been aojudicated. On all other
points the laws are yet at sea. Look said Colonel
Tracey, at the causes Of tho present trouble you
Will md in them the remedy. The whole root OF
tho most gIaring manifestation or the iucicency OF
tho present Excise law, the great scandal In tho
city oI New York, is Vim the construction
put upon the iDnkeepers section oi the act
Of 1850. The Court OF Appeals admitted that
Its review OF the subject was incomplete. Judge
Foigcr sald:-"wc have not taken into notice
several enac,nents passed at different times
upon the subject OF the sale OF liquors. because
they do not ancc; tho questions IN this
casc. a consideration OF the acts OF 1851
and 1870 Is chiefly necessary hero. Colonel
Tracey who Is expert in the history
OF excise systems In this State, proceeded expound
The prov sions VI all the excise bills before both
H0u scs Of the Legislature He the Cormack
bill as dishonest and AS amounting TO a prohibition
against the saIo oil all liquors There interest
Ing fact In connection With the EXISTING excise law.
II II should De sustained, the clause Of requiring