The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-06
NEW YORK LIQUORS SELLING.
THE POLTCE 80 IJ:Si's CDrNSiL ON M.
U.fLI'S EAtISL mn.
4 Document TO he Presented to tho Iesisia-
ture-The Results OF Police Experience In
Regulating Thousands Of city Bnrrooms.

.erning the proposed changes in the Excise
aw Mr.. DAILY explained the features Of the bill
ne lately introduced. He said he did not draft
the bill. and was not committed to its support.
and II n better one could be presented he would
cheerfully vote for its passage MIR. Bliss said
that during the recent Investigations by Mayor
Ely. he had carefully examined Mr.. Days bill.
section by section. and was decidedly opposed
70 il.
am clear SAYS Mr.. Bliss. that justice and
temperance alike require the mobilization
Of the present Excise law in its application to
this city, The hotel clause is wholly inapplica-
Bile and leads only to devices and tricks which
bring the law into disrepute and disregard and
induce reputable persons. hitherto law-abiding,
10 violate it. One keeper of "A disreputable
place recently said: THE present shape Of
things Just suits us. We are on par with tho
heightened fellows. the big restaurants: neither
Of us can get license. We don't keep the law.
because we don't want to- they don't keep 1t.
because they can't"
1t seems to me to be ono great objection to the
DAILY bill that it so largely casts aside the
phraseology of forper laws. They have been
interpreted and adjudicated in the courts and
even though the apparent meaning OF the new
substituted language may not in many cases
differ from the language OF the laws so adjudi-
Gated, experience shows that changes Of lam
EudEe. no nbll'T HOW lIlhlllEs dio llohhbNp
taken hold of by the violators of the law an
excuse for litigation and that it is not until the
new phraseoogy has been passed upon 10y the
Court Of Appeals that there can be- any effective
enforcement of the law |, seems to me. there
fore. absolutely essential to adhere ms lar rs
possible TO the language Of prior laws. only
max ing such changes as are nNoWedly lhtcnlru
10 alter the law. The entire disregard of this
principle in tho DAILY bill renders it thoroughly
defective so much SO that IT cannot be made
tolerable by mere amendments 1t should be
rewritten framed oyer again
Asa specimen Of the changes needlessly in
troduced. cite the following. Section II Of the
DAILY bill says:
No liquor. wines ale or beer shall he sold disposed o.
posed Of or given away he drunk on The premises
otherwise by person or persons without the proper
license therefor.
The act Of 1857 says tsec,ion 13l: Whoever
shall sell any strong or spiriiuous liquors or
wines in quantities less than five gallons at y
time. without having license therefor. granted
as herein FTGyded b shall aer sSg or B eaS
Of Commissioners &c. at. Dousherty 80
The following detailed criticism on the sec
tons is bised chiefly on the bill as Il was print
ed by its friends before its Introduction, though
] have considered the amendments made by
the committee as far AS they are reported IN the
newspapers:
Section ii think the appcan, should be required TO
i ls.. than The whole 6uiins.-- 49,
SIDES what the proposed section one OF the CON
1uor .od By virtue Of Such license to be drank in his
shop hou'e or any clubhouse. ward or garden belong
le ntffiNs anu NN'if' 80 N"e .tN ~
such shop or hnse ouihouse yard or sardsn b. 9nsii4
drank i6erein il shall be prna acie evidence that such
spirnons liquor or wines mere sold h' n. cccn?ani OF
such premises hi AGENT with the intent that the sas
should he drank therein" -.- =.
the clause with reference to outhouS OF communos It
n N NV m' bhs IN WHEN The sme be @ Kent d.pos o.
Sold 8c. This or it. equivalent should be inserted
duon. viz that he VIII not suffer ms place OF ousine IS
The Metropolitan Excise act Of isee says section
SS S Or ps'' on ina Is g d sssB Sr aaT
wines ale or beer IN qnanuuc, than Ne -alon. Al
the provisions of This act and may he Permitted there
The sunday Ssa aS 's the s crucial 1t is
od dSIsSy. And deSsgys igs "s .ss oa
80 inn tavern or hotel keepsr or pSr,eS nstn,ya :,
liquors wine. on SUNDAY. or apon any election day
to "qy Pfs ; nat S he sunday
ton but 50 Jar as relates to t,s hours between and
il provided elton Licenses granted IN ths ac
r .s E o net s ss ANY SFG" o o. sS
~ Ss Ssa9 9"Sri . w1p e e mn n a ad al
place; eSa.ed a ~Cie.ad ,is be closed and Kept
The 5 2 rom se e seasa o the n a
law And shall be the duty every .hei1n constable
ioresoir. prov.ions Noihs herein contained .hal he
sainis faSelisfs al any uae sg6oc. H. re.neIon,
eeptsaMsd IN IN. act ana ihs SO. ss' ns[e amended
sons licensed herein provided hail keep the places
and quiet and between the hours oco.k AT n.hta
sunrise. hNN on sundays. coMptWlN anu eft ftualy
prevent hotels from receivns and otherwise entertaining
public rsstrll
aons contained IN this section
n lava Sss' ses Whai ' ham S e eS5 ana
Sysven so" AMI S from f,in a ss
.rtainins traveier and guc,n at aid umes
T., ENci.c law. q thi stat and d Ensand and il
sn,reanedSn Of The word gge.t Srow ta 1
spo to eel qIer: TO A., ON ,s on sanlgy nseeton da
r9sa law carefully omits NE pos'o eonained IN The ac
srd the act hereby amended which prov-o allow, hotel
Tie proyiso In tie Metropolitan a., Of i- Vas .ni,,an
saiy ne sams except ih.t y say itct,hs or other
Upon THIS proposed section /, also 10 be- noticed tia
SD Unit, tho worYs strong and .Iiriirou, nefor,
Liquors which should be inserted and then or ad
Moreover the 1857 tie corresponding sec
r.n the word a'oAiea'l: qgoT, o. Miu.s ana n :,
aa AZ feope 8. =. ~, ana ihinS should a,o b
ihi1k MAY aer The word, d'po.,d Of or siyer
words or publicly sept were Inserted
.ra*n. ScTeron ,aii Eewiu.iy SELL s y'' IT, o' WIN
soes kn9wlns aplH me ac Of - 'ay' sec u
sny Indian Or apprtnuee kuewins OF having reason t.
Ss ms,It r., 9or i"sey 9aS5 ggl,r s a5e Of Is l-
olia ae, oi $50 sec IL uses nearly the same Language
,es 70 I s a. 70 6 ,aq St f.I s as knowingly az
seouon is 'f6c ict Of is,a see "A roads "No ner.o
persons, Except those licensed herein provided AM
rlose permitted 90 sell IN quantities more than u.s., Sal
flr sale strong or spruous hquors wines. ale or beer
Or shan have or permit in or about his or helr prem
Tie passage referring to gallon. suggests the que,
tuuonal a, suppose clear lho STATE cannot prev
probably Tie ii,eri!.i. iacm rh., .asse.'oG apiG.
that While the t,lc OF the act relate. 10 ,nle, IN Nv
YORK many Of the sections are general with mo- hmi' q
saopc Tie words in the c'y Of Nsw York Should b