The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-24
A NOVEL EXCISE morEuENE
Test Casc TO be Prepared and Sent, II Nee
essarX. 10 the Nonrt of ppenIs.

Tho legislative muddlc In which the OK
else matters Of New York were left has brcd 30
much confusion and embarrassment that .ha
Brewers and Ma,tstcrs' Association. rs stated
in ycsterdny's sun. have determined, if
possible. to bring order out Of chaos. by
preparing n test case. to be carried as spool
lily rs possible to the Court oi Appeals. Ex
Judge Ditcnhoefer is counsel TO tho ussoca-
tion. as we'll as to sheridan Shook and other
capitalists whose business Is largely affected.
The Judge says Of his plans:
we shall mako a case and have it tried.
Tho verdict will Too for the people Then the
General Term will approve the verdict pro
formn. This will give us the opportunity to
get before the Court Of Appeals. where the
points can be argued"
" But there was case there, and the court
decided against tho defendant"
Yes. know the case OF the people against
Smith, But that was u country case. No one
knew it was in the Court Of Appeals 1t was not
seriously argued. In point Of fact 1t looks like
:" BY whom"
by the temperance people,"
." But If the Court Of Appeals considered the
question, they considered il seriously
Mons nse. The Appellate Judges arc very
much like other people. II cuse Is seriously
contested. they of course give 1t serious alton
ton II not their preiudicos pro or con influ-
ence them to n great degree"
What is the point you hope to make?"
That Smith case illustrates. it, IL lived in
Jefferson county. and was indicted for selling
liquor To be drank on the premises. lie plead
ed "A license. This raised the question whrthGr
the Board Of Excise had the right to issue IL
ccnsc- to other than hotel Keepers Now the
law Of 1871 was limite,l inwi and eNprrssIl{ ds-
licenses. In 1870 Twecd's Legislature repealed
that law, and passed % much more liuernl law
which, In section 4. says that licenses may be
issued 10 any person Of good moral character
on payment ~ certain fees. In section that
law declares That tn" law of 1857 shall remain
law NJ 1870 Here wis the mistake Of the Court
Of Appeal. which declared that the law " 1851
not Inconsistent with that ~ 1870. which opened
II To any perennof good moral character. Now,
ii the law Of 1870 had been PASSED in 1857. and
vice versa il might be- argued that the Lcgs-
laiure intended To-. circumsrribe Inc circle 10y
later legislation. Unfortunately Tor them the
What effect will n favorable decision by tho
Court Of Appeals have p
1t will establish u common sense law. and.
not only thnt. 1t will establish law. Al present
We have none. No one SHOWS what to do There
is no responsibility anywhere Public scnti-
mont IL always against confused laws. and ut
present that sentiment Is against an enforce
ment OF Il law which hns no foundation IN JUS
tice or sense. II the Court OF Appeals hears
careful sensible arguments in the matter IL Will
make haste To- reverse a decision that paralyzes
several branches Of industry. iInpedes the coli
rights Of tho people The effect will be t. sOlidi-
~ power in the hands Ot the EXCISE Boards.
b
Of bad repute the officers Of the law will be able
TO punish them. as tho temperance people will
be able To- expose them.
" Who will appear on tho other side 2"
The District Attorney must appear for tho
viii this be- likely to have any effect on the
candidacy Of Mr. Phelps in the fall ~
" 1t must necessarily. He can, To- DO sure
or when our ease is on its way, he can say that
h" is waiting for the Court Of Appeals 20 act
He is in a delicate position. OF course. But he
and all other officials will have much clearer
path after the Appellate Court have delntiyely
" Are the brewers and masters in earnest ?"
" You may hr certain OF that. They have SUI
| fered enough through incompetent legislators,
| and are determined to force an issue once and
for all, that will settle tho question
| Keepers for they are all ho'cl Keepers now
| who ask for licenses are coming To the front
AGAIN Many ct them pI,d money To- The , late
| them receipts good for ton days. The money
| vanished in night and now when appyng
| Tor their licenses they lnd thnt their SO PAID
| on the ten-day receipts arc ~ no avail. Mr..
! sheridan shook. who 10y reason OF his promi-
! n"nca in the Keluullcan party. his influence in
| Washington and Albany. ana his partnership
! in on" of tho great lrrwlug firms oi tho coun-
! try. is regarded ~ :, leader in legislative work.
ing was as ed whether he saw any way by
which, tho ,defrauded applicants for licenses
| could h. helped out OF the scrnpc.
No replied Mr.. Shook. Il do not. They
| paid their money and have lost it,"
" But were theynot dealing with the represen-
! tatve- of the city -
" Yr. in a senso"
"iu.n. why isn't tho city responsible for that
Ie'ause tho Commissioners were not au.
! sole province was 10 grant or refuse II "nsrs,
! kept H., Tho rity can't bee held tor it,
Ani the /. slslatura would no nothing
",l,ntrle that you threatened Gen, Hustcd
/ 10 defeat him next year, it il cost YOU SlOuuuf
never spoke Ca hlm about IL. did say that