The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-17


THEY DISCOVER Az IMPORTANT SECTION IN
BE UsEp.
While comparatively in quioscent state during the
late OF tho Legislature, the Temperance Law
and Order League OF this city has been xeaousy lay
ing plans AMI instuting expeditions of exploration
through the laby rinths OF The EXCISE law OF 1857,
which, IN consequence of tho npassago OF the va
excise laws proposed iu Its stead, now remains
in Iul force and operation upon the Statute Book.
Now IN tine Legislature has adjourned the League is
prepared to put into execution some oil Its nes DIS
among the provisions OF the law Of 1891 II
seems that according TO an amendment To The act
passed May IL, 1868, metropolitan districts were
exempted from tae operation OF Its provi-
sons regarding the sale Of ale aud beer
10 oIhors than hotel keepers. At the time
this Amendment was passed, there were two excise
laws in the STATE Tue law OF 1857 covering
The entire State the exception stated but what
is known the Tweed la OF 1865 gave the Board OF
Excsc in This metropolitan district the power grant
licenses TO persons good moral to sell al
kinds Of liquors. Tho country people, however, COM
planned OF this power beng granted 10 The CITY and
allowed sell ale aud beer TO be drunk on the prem.
Uses The Legislature granted this privilege, as VIII
be found IN section chapter 500 OF the Laws OF 1862
AT the time Tia law passed, The temperance peo
pie claim would be redundancy IN the law " givc tho
privilege OF granting SUCH licenses IN the metropolitan
Police district when ~ already enjoyed u uuder
The tweed luw the Lcgisat uro excepted the DIS
trict IRON The operation OF the amendment OF 1869,
which, as will DO seen, also excepted tue metropoi,.
TAI district The operation OF tho law. In 1870,
however tho Legislature pissed new EXCISE law Tor
the state. rcenactDg the law OF 1897 I'm all
parts not INCONSISTENCY with the act vi 1870. The
Court OF Appeals decided that thu law OF 1851
Inconsistent with tho law OIL 1870, that the law Of
1857 with its amendments continues III orce ana the
operations OF The Metropolitan Excise are law
dereJ nugalory. AS the law stands The Boards Of
Excise in the country have power 10 grant licenses
To sell ulo and beer TO be drunk % lac premises 10
others than hotcI Keepers privilege that s denied
10 tho metropolitan District
The following is a copy OF the Official notice sent IN
10 tho Excise Con,ss oners last
ing by the Law AMI Order League:-
To THE COMMISSIONERS EXCISE METROPOLITAN
DISTRICT NEW YORK;
You hereby issue any further
sell aud beer DO drunk the
than ont o hotel keepers. agreeably 10 section
chapter 1856. of the laws OF 1869 W. II. MUNUY
Counsel tor Law Order League
Ii the Excise Commissioners should not Aced this
notice and continue TO grant LICENSEES as heretofore
they viii place thcm solves open TO arrest tor misde-
agreeuby 10 socLion oil tho Law Of 1857. In
regard licenses already issued II Is probable no
action viii be uuesS the Comm toner's dolly
the notice and continue 10 license formerly. A
single so will suffice 10 lest the question. This case
Ii CHEST court. In the meantime the temperance
par ~ declare that the Law ana Order League have
taken measures TO close up those concerns selling
quor TO law and insist that the
granting The privilege Of selling he same be fined
TO bona tide hotels and others shall be enforced.
IL that the League VIII exercise some discre
ton in matter and not unnecessarily annoy re-
IN Inalp