The New York herald., 1878-02-20
THE STATE CAPITAL.
Discussion Of Mr.. Daly'e
Excise. Bill.
VIEWS OF MEMBERS.
Gan the Present Excise Law
Be Enforced /?
A PERPLExING PROBLEM.
IBr TELEGRAPH TO THE HERALD.

tee Of the Whole the Assembly, and the discussion
Of It which lasted somo three hours and is not yet
nearly concluded, participated IN BY Mr.. GILBERT
Of Franklin; Mr. Astor Of Now York. and Mr.. Grady,
also OF New York M. Gilbert eloquently completed
bis begun last Thursday against any change
whasever Of present Excise law oil 1857 amended
In 1870 He took extreme ground against the
LIQUOR trade In almost any form, going so far as TO
say that did not that he should be willing, In
case tho general State Excise law be revised,
10 vote granting OF licenses to tavern keepers
he urged the utmost possible repression OF the liquor
trafhc and refused the fact that
tpg law 10 not good for the city of New
York II Is for the country towns and
villages Mr.. Astor's maiden speech excited
uncommon interest," His friends had been some
what anxious lest. this talented young scion OF the
famous and opulent family OF his name might pro-
duce less favorable Impression this the first APP
psarRncs in isgisla ativo forum OF any member Of
that family. than I be hoped for in accordance
with Its successful traditions In other spheres OF
tion. Their apprehensions proved entirely ground
less Mr. Astor, whose frank and amiable manners
have rendered him extremely popular here, arose
with some d,nhdsnce, and with slight trcmor in
his voice, which soon, however, became clear and
resonant He athletic figure, rather above The
medium height. .an engaging and sensitive face, and
when he fairly gets 'used to his egs aud ADDS
OF gesture he need have fear any OF missing
shs attention OF the House. To-day several OF the
older members left their seats and clustered in
NE. Astor's ncighb0rhood the better lis
len to his bright and pointed speech,
not the least merits OF which were
its brevity AMI It's freedom from pretentiousness.
the demand of New York city supported at
greater length ana with hrs customary ability
dor by Mr. Grady. He went over all the law aud the
facts In regard to the question, and convinc-
tngly reiuted Mr.. Gilbert, moreover, moral
grounds He showed by the logic OF events, the nis
Iory OF the operation OF the law OF 1857 New York
city, tnat it had had the direct effect Of producing
immortality and crime
MIR. GILBgRT's RENARKs.
Mir. Gilbert alluded the Case OF ORourke, decided
by Judge Bockes. IN the Third department. II was
undoubtedly true that he decided some things not
lhe CASE but he his opinion that the law pro-
vided for three kinds OF liccnses-one hotel keep
crs 10 store keepers ana one TO other persons
l sell ale ana bser 10 be drunk the prem.
ises II was Interpretation OF the law
ana emitted to the weight OF an Interpretation.
In the Fourth department another decision
IN the Of The People smith, which was ad-
verse 10 Judge BooKes aeoslon. At that time there
might been said with some color OF reason mat
there was uncertainty as to The power 0! excise
boards IN the matter Of granting licenses ou hat un.
has rendered decision which Is bindlng upon every
and branch OF the OF New York
as long as the laws stakds unrepesled That decision
was concurred in by every member oi the Court The
Law has been rendered by that decision, and that
thrive by this unholy traffic. We told that the
Law u not enforced, that We are living under Spartan
and Purianica intolerance, and that intemperanCo is
Itaikng abroad. That tho law has bsen interpreted
aud understood raises the prima iocie argument that
II Is may be enforced. Tne fact that the selling
interest of New York city has come here with
such unanimiiy 10 demand new law also
Raises presumption that the law IS understood and
eplurced. The men who seek to enforce thc law and
have the Interest of the community at heart are OPP
posed The Daily bill. Mr.. Gilbert here cited the
statement oil General kathbone to the eDforcement
the law l.e city vi Albany, and also the State
ment OF Dir. William l.. Dodge that the present law
was better enforced than any new inv cuuld be- and
said If the could city OF 100 900
Inhabitants IL could be enforced In city oil 0UOOO1
There is an enormous waste he said. eau sed by The
use oi intoxicating liquors-waste OF men, waste OF
moral power. waste OF intellectual power, waste OF
honor waste Of every hing that best aud dearest 10
man. In economical us well as moral point OF
view ~ wise TO do the utmost 10 RESTRAIN TIE evil OF
!nemperance. 1t is objected tnat the law cannot do
can only DC reached by the stern mandate
and arm OF tho law. lney talk about moral
moral lava Law that 10 older than all statute
books ana tnat Will stand until the end Of ime and
Is Is principle OF this moral law that he VINO lends
himself to The perpSiralion oi wrong becomes hun
sel harmed thereby, ana IN time BECOMES tho victim
OF that which he toleraies and seeks TO promote.
Those who seek to promote the rum trahc
are seeking to strike down the distinction be.
.ween an nnkeepers and s,orckecper's
Hw; / not prepared to say that l
you'd grant licenses TO tavern keepers 10 sell liquor
be drank the premises; but 1t would be reac-
ionary " break down the distinction between
classes OF licenses Fifty or seventy-hvc years ago
pubic attention had not been called to any great
extept 10 tho evils OF intemperance but even then
They said one shall sell intoxicating liquors 10 be
drank on thepremises Unless he proposes TO Keep an
lBn tavern hotel The keeper OF hotel had q
great interest in preventing brois and quarrois and
preserving the responsibility OF his vouse This bill
provides that licenses snail not be granted 10
inybody but of good rsoral character,
and then goes TO that they shall not be granted
10 convics, as much as 10 say that there no virtue
or force In the provision for good moral character,
but they Will limit II so as not to license convicts
anyhow. There 10 no limit To the NUMBER OF licenses
TO Ue granted under this BILL but under the present
aw man must keep or propose to keep
hotel inn or tavern. In some cases 1t Is
md that the demand regulates the supply, but
In the Of the sale oil intoxicating liquors the
supply determines tho demand. There are three
classes OF men lor whom VIC should legislate. First
those who are determined to get drunk auy how. We
can't do much Tor them There Is another class who
nre determined not TO drink. We uecd do much
forthem There Is another class deter
mined 10 or determined not to get drunk-ihe great
mddle ana Tor shem we should leg slate particularly,
| do not advocate granting licenses 10 hotels. Ny
proposition is, II we allow tnem TO 20 AZ lar As they
are allowed By the Law Of 1851, shall say to them,
fhus far, but no farther.
PROHIBITION FAVORED
Ny theory 10 that the selling OF intoxicating liquors
10 be drank as a beverage rs wrong and should be
stopped anywhere and every whcre but II is part
o. wisdom 70 hold the safeguards We now have and
work toward a better futurA II Is asked ON what
grounds we would have this law reta ned. answer
IN the words Of maxim older than English speech,
,rhc safety oi The people IS the supreme law" We
should increase anu multiply the safeguards We have
and not tear them down.
AsToR's sPEEcH.
The district In The city OF Now York winch repre-
sent, hr. Astor said, is 10 much affected by the
wrongs and the abuses and the expressions OF the
listing Excise law, anu II Is consequently IN.
terescd ~ any measure that tends to amendment
OF tnat law, that think IL Is my duty say some
thing upoD the bill now before this committee. | 40
not mean 10 say and want II distinctly understood
that do not say that the passage OF tnf particular
bill Is urgeu; DO mean to say that
wish such an amendment OF tho present law
as Will remove all obsolete ana mcanin gless
language, aud which while preserving Juucious
stringency wi at least give US law that can be
lustly and properly administered. That tie law OF
1897 is found TO operate lavoraby throughout tue
btate--by which mean the country dlstricts--s
doubted But IN the city Of New York--and II In tue
city o New York we are considering at present--hat
law is an absurdity anu IS made means d oppression.
II is sale 10 assert that there IL no leaning
N The city oi New York toward the so-caed
Maine Liquor law. which has always been regarded by
REASONING and reasonable outcome OF ignor-
ance anu fanatcism combined The city OF New York
requires that any excise Law shall begin by recording