The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-09-07
DISCOVERY
THE LOoPHOLE TIE BELTETEs HE mas
FOUND IN THE EXCISE Law.
The Barroom. ma sunday Drug stores-Iiquor
asa Medicine and Liquor IA n beverage
Five Hundred Indictments to he uuashed.

The Barroom. sunday Drug stores-Liquor
as n Medicine md Liquor ~ II Beverage
Five Hundred Indictments to he Qua.hed.
The excise middle received an additional
ingredient yesterday. and the entire fraternity
of liquor sellers are in u condition Of fcrmcnta-
ton In consequence. Some time ago the Dis
trict Attorney procured the Indictment Of
nearly 500 persons on charge of selling liquor
on Sundays. Heretofore it has been believed
that there was no defence. rs the phrascoogy OF
section No. q of the law Of 1857 is explicit.
Yesterday the case OF the people against An
drcw Early was called in the General Sessions
before Judge Sutherland Mr. b. K Phelps for
the people. and cx-Judgc A. ]. Dlucnhoefcr for
the defendant. ES-Judgc Dttcnhoclcrthrcwt the
court into great excitement by quietly moving
that the indictment should I've quashcd for va
rance with the statute. Inquiry developed that
Early was accused simply VI selling liquor on
sunday. whcrcns the law says he shall hc guilty
Of n misdcmcanor II he sells or gives away
liquor on Sunday "ds ber0age" Ex-Judge
Dittcnhoefcr contcndod that Early was not ac-
cuscd of selling liquor as beverage and ar
gumcnt was adjourned until Monday nest.
Now. rs to this point Judge Often
hoeier is OF the snnguine hone that it
Will prove important. In tho first place,
II would qunsh not only the Early indict-
mcnt hut the 500 like 1t. But further than that
it would open the door to all dealers in liquor
who caro- 90 sell their wines and other liquids
ms medicines
In an interview with Judge Dittcnhoefcr re-
porter for THr SuS asked him how it was that
no one Of all the lawyers engaged in these cases
on either side himself included had oyer
hooked such an alleged important feature.
lie could not tell There 8; lies" he said.
ms clrar as the MONDAY sun, and no one over
iumblpd To- IL before. II cant Ice gotten over.
Language couldn't b. plaiucr. The judge must
sustain the Direction and then the dealers Will
y" infinitely more free than they would ID" had
Dr.. Crosby permitted the Lrsi. laiurc to pass
the DAILY Excise bin. for which Shook. Evrrard.
! TINT lill sales on sunday were al snlutry ana
in terms forbidden. In this any one licensed
'An So. on Sunday. II he doesn't sell a. bev-
%. YIN tho dealers anvil themselves e this? ?"
Unqurs'ionahly. Why not? There are
| many reputable, good mrn among them. They
| have uut money in a Legitimate enterprise. and
thr Jaw, stops in To- hamper them, aud annoy
law to restrict the snlc Of liquor. They have 20
/ lny heavy license icea and th"y would "h"nr-
iuny aid the Officials in enforcing tho law II II
| WIS fair one. Now. when thcy soc a snfr
/ chance 10 cNade an 3pprrssiV, law. ~ cour-'
| they will d9 So. ! diseoycrcd i1c. point oy
| der II that VIZ never saw 1t before
Among liquor dealers there was gront re
l@,r!R1tf. IN NE barroom IN a." B'nnc,t huiid-
/ was found. He snid. " rcgnri Judge Often
/ hooters point Is ~ grcut inpOrinn'r II Is
! certainly scusiblr and show. H. what We can
/ safely do. | nm not law breaker. ! pay n
! heavy license fee for my place. hut nm not
bermii,e4I, to do as ! pleas"; Tor as the pggo.ir
! 10 do is To- supply our customers with their reg
ulation medicine. II man has stomach
prepared 10 sell him his faVorita curcnll n de-
/ nlnnd. The day OF beverages is gone. ami that
shall you avail yourself oftho discovery"
| VI course, Why nott III mn IN prefer n
! salutnry law that could rcsuect. But II | can
break through the mcsh"s of an unfair law. !
! certainly shall do So. civ" mo Il good law. and
III see that Il is 9bcycd. but don't ask me TO re-
Nj. Mataran Of Mainrans Hotel. expressed
/ similar views, and said NE hoped this new do
| parture would t"nch the Legislature common
s"ns". anil show IL the necessity for equitable
Mr.. Bn Of theTall Tower Tunnel was greatly
/ once label his different medicines. and get up
, aprropr Hte signs, So That all afflicted man ind
| could call ut tho Iiibime harroom and hnd de-
sired help; lie oppressed regret that honest
I dealers, whose capital Is riskcd In legal bust a.
ness should b? harassed and ,mbarrassed
/ in their avocaiions, and should Ice forced
| - resort ~ DIVISIONS AMI rNucAcui- ~
; this Nnd. He believes IN stringent Excise
/ law. and wou.i aii IN securing respect and
/ on.dicn'' for T. In rnplyto question. %" said.
Why. - mis- law viii now stand. IL Is just whnt
nll.v ns inrT rlo,lo + INV ,' i" =, V ,,,
! SUNDAY. thry have only % saw Ihi- i~ unf %
Leverage. iut q TONIC. an ap"roni. a iu,dicm".'
iorhad" all selling ON sunday. We n..reol o.
| TINT n@ q '1mpromis" with the nndi.s. They
Mpultnt lnss ~. ami now tlny hay" nothing.
! This sunday provision nets badly. : company
q! CAPITALISTS are thinking ~ pur 'nt NIX larg
l.t ot ground 90 I'M lie pine" 10 this citv. whore
they NIL tulli gard "a and theatre and the
! only stuml bling hl 'ck In the WY is this sunday
liquor clause. You have no idea how deer ly ine
! people feel this compulsory temperance. They
| can 70 elsewhere and get all they want; tut
hero, no. This discussion will bee of great ben
III. and the temperance folks will, perhaps. como
! To- their senses when The how uncertain