The New York herald., 1878-02-20

tion Of native light wines, such We receive from
California, in place OF liquors
LIGHT WINES AND LAGER
only wish the bill had gone step further In that
direction, and, while ipos'ng even greater restr,c-
lions upon the sale OF liquors, had exempted lager
beer entirely from its provisions. IL is our mis-
fortane-a greater misfortune than many OF us
think-that produce NO hight wines In this section
i,s place. aud The use OF IT, " it resulted in ma-
tioh OF the use OF whiskey, as am sure II would,
would be great blessing to our city,: cIsy: has Is
now before US will not be disposed OF by any hasty
repressve legislation, tor that sort Of legislation
always defeats i,se. dc hope earnestly beg on
behalf OF the constituency represent that the exist
ing Excise law may 90 modified In It's application 10
he city ofNsw York IL Is law that as II stands to-
day. would not DO tolerated any country In Europe;
II law that could not be enforced IN any country
Europe, matter how despoic lts government might
be.
Mr.. GRApY's REMARKS.
Mr. Grady said that y modification OF the EXCISE
Il stands asked by the people OF the city oi
New York. The body OF the law now regulating the
sale Of intoxicating drinks Is made up oi the statutes
Of 1857 and 1870 10 which reference has oeen 30 le
Queutly had by tho gentlemen engaged IN tue de-
bate. AS 10 the Law OF 1857 It Is only necessary
10 say that The OF Dehan, reported IN vol. II
o the New York reports, the Court Of Appeals has de-
cIded the law as carelessy drawn, and showing
want Of the consideration which should bo gwen TO
read tne section about which thero has been much
dispute. aod which the Court oi Appeals has been
called upon 10 interpret.
the Board oil Excise III cities snail nave power 70
.n. %o
sIS ta'% s%e + ss and any
wines and beer in quantities less than i've gallons s
The Coart of Appeals has decided that this is not
clear by the decision Of Judge Foeer, In another
connection, construction has been placed upon the
section entirely different from the PLAIN meaning Of
the lang uage employed. The meaning oil tbe secton
is not clear the that the General Term OF
the supreme Court in the Fourth Department neld
a construction exactly the reverse Of that gwen by
the Court oil Appeals
AS further proof that the existing law not clear he
cited lis VIOLATION ior the last seven years
IL claiming much TO say that II, under The
law boards clearly had right to issue IL
censes 10 other than Keepers Of inns and ho-
for the sale OF liquors small quantities TO DO drunk
upon the premises. they woad not nave done SO ana
incurred the penalties belonging TO violation
OF the aw. But you may claim thai now that tho
Court OF Appeals has spoken the law Is clear The
an swer proposition Is that the Court OF APP
peals has decided but one point and has still lett many
other matters OF great doubt In his opinion Judge
Foiger ssysnus the rsquremSnt o. ,rh"rs ae acs o.
is done away with aud large discretion Is gwen 70
the Com d1issioncrs ~
Now no lawyer will pretend that tnis statement Of
the learned Ju0ge decides the question: tor It vas not
properly before MIN and he was not called upon 70
the second ground upon which the people urge
mod cation Is that it IL impossible 10 enforce the
present iaw.
Judge Foiger's decision, which, ne claimed, left the
law uninteIigibe state OF muddie.
ReferriDE 10 Mr dlUeEts OuJeCLiOu, tudL tuo oucCt
of tue passage OF the proposed bill would DO have
more rum sold, hc said opposed to this. II Is
urged that the existing law restricts the sale
and drinking OF rum. aud as consequence
restricts ntcxicauon he disputed both OF
these depositons. Tho sale OF intoxicating liquor
to-day Is equal to the demand, AMI SO 1t
viii continue, no matter what law, other than
absolute prohibiting measure, may be enacted.
Every man who desires 70 indulge his appetite Tor
strong drink ind a ready means provided under
the existing law. Intoxlcaiion s neither aided nor
restricted by law In The very nature of the act It
cannot be. Ii is a Gebasing SIN, forbidden by the
law of Gods 1t is grievous crime forbidden by
the U man. IL is provided against IN this
6ill Just as enectua,y as IN sne present res. law.
prohlotory in Its character can be Of the slightest N
uenco 10 this regard II the law could be enforced
the effect would DO that men, instead OF going TO sa
looms and drinking there, would be obliged To go 10
hotels and drink else sena 10 stores procure the
hquor and drink It at home. Just where now the
Of total abstinence Is aided by this he failed 10
see.
1t is bad enough that men 60 away from their
be much worse II, by reason OF the law. such men
added to the enormity Of the sin The scandal 10 be
gwen their wives and children BY the excessive
OF liquor at home some liquor dealers Will not
sell liquor women II they imagine that u Is Tor the
womans use; but force I'm so tar as you are able)
women to 20 for liquor Tor tneir husbands uso aud
they can always obtain II wnen desired by them
selves Require. matter Of convenience, that men
shall Tor the liquor they wish to drink and you
can be assured that they will always SEND for
than tney would purchase in a saloon, ITO be drank
upon the premises"
The gentleman from franklin (Mr. Gilbert) believes
In moral suasion SO do said dr. Grady He regards II
rai her aojunct 10 tho law | MAINTAIN II rs q
power Independent OF and more enecual in this re-.
gard lhau the law ITSELF There IS the point OF differ
ence between US He supports his view by showing
and other crimes by statute and COMMITS
tho error OF compromising acts which IN
the selves criminal with indulgence In strong
drink, which the law says is entirely Innocent He
believes that history Ieachcs US that something more
than ..moral suasIon" Is needed TO restrain men IN
ma Ms nj
whereon the history may be iound The truth which
experience has made SO manifest is that the demand
han by The exerting OF all our moral power, ADVICE
and example. and that in regulating the demand you
against pence ana happiness and TO be treated
such, and this bill treats II in that way.
the PRESENT PRACTICE
II not and cannot be pretended that liquor 10 not
now sold n restaurants and saloons and drank upon
the premises but all will admit that the dec.
sion OF the Court oil Appeals such sale is null and
as the practice now observed IN the city OF New
York; the attempt is made to render lawful the
practice upheld ny public sentiment and taking tire
general view OF the qucston) supported by public
cos ity.
II il was a new suggestion, an experiment, we
should nave TO guess at The PROBABLE results to be
tanned; but in the amendment proposed tho end
sought is TO make the law as u was UNDERSTOOD upto
April 1877, In the city Of New York, not alone by
those who sold but by those who licensed to sell aud
those who charged with the adm mlnlsration and
usLoEysxp PLACES
1t will be admitted that the public peace and morals
suffer from unlicensed places. The highest duty
the citizen is aid the suppression oi places
and let II be said TO the credit OF the city OF New York
prev TO the pied enforcement of The
construed by the Court OF Appeals the unl
censed places in that city was comparatively few Tney
were all we'll known to the police, for tue most
part they were tho resort Of thieves and dangerous
and abandoned characters. They were being sup
pressed, when the Efforts OF the police directed
to the suppression OF places heretofore regarded
legal and from the time when. out oil respect TO the
opinion OF the Court oil Appeals our police have been
required prevent the sale OF hquor IN all saloons
aud restaurants the chronic unlicensed dealer has
had much easier times. some may think that IN this
way the cause OF temperance has been aided. do
not
PUBLIC SENTIMENT.
Respect for public sentiment Is an exaction to which
no yields more prompt acquiesenco than do,
Of respect Tor the pubic sentiment OF tho
city Of New York the passage oil this measure Is asked
Tor II public sentiment Ia Franklin county supports
the o 1857 by vote oil mine will tho wishes OF
the people be dsregardcd In Toga county The
pie desire there should De no licenses nj all Is
better, perhaps that there It should be So and will
in no wise interfere with their Desires But public
timent In New York city favors the passage OF TINS