The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-07
Work Or the Legislaturs-Whar II
should do First.


some that will bear postponement until a
late stage Of the session, and others that
require prompt action as soon as the organi-
zation is completed by the appointment OF
the committees 1t is not necessary that
questions be taken up in the order OF their
/ importance. There are some things abso-
lutely indispensable to be done in the course
of the session which are not matters of
urgency to be attended to at once. The re-
apportionment of the State for example,
according to the census Of 1875, is perhaps
the most imperative of all the duties
which devolve upon this Legislature;
| but it is OF no consequence whether 1t be
done early or late in the session, provided
it is done. The new apportionment law
cannot come into operation until the next
general election in November. That subject
may wait and yet it ought not be showed
into the closing days of the session, since o
bill passed by the republican Legislature is
exposed to veto by the democratic Gov
ernor An apportionment bill should be sent
| to him early enough to allow him his con-
| stitutional ten days for its consideration,
with a residue Of time for framing another
bill if there should be force or justice in his
objections. The first and the second Legis-
lature after the census having failed to obey
plain requirement of the constitution,
there must not be third scandalous omis-
sion. But that subject requires no haste,
while there are others that should be
pushed through with all the celebrity con-
sistent with mature action.
Among the subjects of this class the fore
most place belongs to proper legislation for
regulating the sale of intoxicating bev-
erages. 1t weuld be feeble expression of
this necessity to say that the existing laws
on this subject are unsatisfactory; they are
unjust and intolerable. 1t is unjust to have
laws by which some dealers are punished
by destruction of their business and loss of
property while others pursue the forbid
den traffic unmolested. 1t is intolerable to
witness partially or favoritism in the exc
cution OF the laws The strict enforcement
of the present law is not even attempted in
the other cities OF the State, and b ere in New
York, while many places are shut up there
are many hundreds where all kinds of in
toxicating drinks are sold with impunity
without licenses BY the substitution of
sly side entrances for open front doors, and
by the connivance of members of the police
force, large illicit business is done, which
yields nothing to the city in the shape of
license fees. Whether the convenient blind
ness of policemen to these side door
methods is produced by friendship or by
compensation we do not know, and we do
not expect that either the furtive dealers or
the considerate policemen will tell US.
Certain it is that it has demoralizing ten
dency. However innocent the conniving
policemen may be as yet, they are exposed
to constant temptations which the Legisla-
ture should make haste to take out Of their
way Dealers who have their rent to pay
and their families to support will try to pro-
cure clandestine tolerance from the neigh
boring policemen when they are unable to
procure regular license from the authori-
ties. They can better afford to pay, in
quiet, undecided way, double the amount
Of an ordinary license fee than to have their
business stop, and it is very bad thing for
the police to live in such an atmosphere Of
temptation. Everybody knows that liquors
will continue to be sold in this city at other
places than real hotels either openly or clan
destinely either under protection of law or
in evasion of it. This traffic may be regu-
lated; it cannot be suppressed. The
Legislature must not expose the local
guardians of order to Generalization by
covert brides, nor must it force the liquor
traffic into holes and corners where its cor
rupting influence on dealers and customers
would be intensified. It is not an elevating
business at best but if it is forced out of
the hands of law-abiding men into those of
skulking law breakers habitual tipplers will
not drink less liquor, but liquor of more
poisonous quality, and their degradation
will be fastened by the lowness of the
places to which they resort. Our idea of
good liquor law is that the license fees
should be high enough to bring the bust
ness into fewer hands and give the city
large share of the profits, to be. de-
voted to its public charities. There
should be constant and vigilant inspection
of the quality of the liquors sold, with the
forfeiture of licenses as O penalty for
adulteration, in order to lessen as much as
possible the injury to health. These rules
would enlist the legal dealers against low,
unlicensed rumholes in the same way that
the regular merchant who pays his duties
is the greatest enemy of smugglers. The
large amount of property embarked in the
liquor business would then be on the side
of the law and its enforcement, whereas its
influence is now exerted in the other
direction. Moreover, all existing statutes
on the subject should be completely re.
pealed and the new law should be as clear,
brief and simple as careful framing can
make it.