The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-15

zleI by INC splendor OF Der achievements IN every
thing the strides Of civilization. In the
hgnt Of history. shall we follow intoilsrant Sparta
with her lmperious oligarcny or take the toier.
| ant frank and generous Athens Tor our modelY
admonish those who would make men
| abstemious whether they will II or not VINO
would thrust on an unwilling community distasteiul
| ana obnoxious laws. who cannot discriminate be-
tween wise restraint aud ino;erance, that history
such attempts Tns problem OF temperance IS really a
moral rather than political question. our cnurches
and schools should inoalca!e II a. one OF mo primary
II Is the duty oil The civil government. how
ever TO regulate society as II exists 10 foster educa-
zion. anu b. Improving the moral ana material coaai-
ton OF the masses, gradually 10 mn them 10 nikoer
plane Violent attempts on the part OF one portion OF
The community to reform tue other have ever oeen
The Roundheaas or Pur,t aus Of England, under the
leadership of Cromwell, gained temporary ascend
ancy. Society strained 70 its utmost tension oy
tue UNDESIRABLE usoleran Of tue dominant tacton.
AS sooo however as the iron grasp was reiaxeo BACK
dew society, with the speed OF rsrtnlaa arrow Lar
trsvagance Shall remind you OF the horrors Of the
Frcneh Revolution, directly traceaoe 90 Tue nao'e,-
ngf II bsstcry is good Tor anythne, u IS
that !, may serve as neseon. slisht 20 guide
in the grand economy oil the world future
governments ami future generations Of men.
Whether we'll founded or not, there seems 20 be a
growing impression IN New YORK. strengthened 6y
The legislation the last twenty years, that IL Is the
deliberate policy Of the RI al districts TO thwart That
CITY in all her Efforts 10 get contro OF aud manage her
purely local anars wsuo not mpute II 70 spirit Of
unirep dness the part al our coanry cousins put
snfe when tntrus,cd TO The care OF her
own ctzens We come not mere as deieeates
from conquered province 10 solicit lavoTs
put in spirit OF anty, 10 ask Tor mo
same rights and privileges that arc willing TO ac-
cord TO every village, town aud city OF me state
Both city and State have u community Of interests
ana com mon destiny. The great heart Of Tho me.
iropols beats responsive TO every JUST interest Of
not only 10 making her worthy 10 DC the capital of
our Commonwealth. but In maintaining iof ali time
the undimmed lustre OF her present proud pre-eml-
hence among he cities OF our broad Republic.
THE CURSE OF LAWS uSsSFoRcsD
The great curse with US IN New York has been tneI
so many of laws not enforced. Noth1ng Is
essential 10 the wellbeing Of society than re-
spect for the law In England, Germany and France
the ci,ixen or subject takes pride 10 maintaining
the authority OF the law because the statesmen Of
those countries wisely refrain IRON legislation
condemned by the common sense Of the com unity.
With U.S. unfort unately, thore Is growing disposi-
ton TO evade he law and 10 denounce the Lawmakers
20 o1g u o Svy TO sssaP pc
without licenses when wo can, aud because Of
VICIOUS political system saddied on Us for years
shall we perpetuate this condition oil things, or
excise law2 New York, with cosmopolitan pop
The sober, industrious and law-abding German
should be respected. The impulsive but warm and
generous Irshman believes ~ liberty Both nation
aties nave largely contributed 10 the development OF
this country, ana both have brought with them the
OLD idea mat no man mas .ne , .sn' 20 say 70
dictate" Tho liquor, wine aud beer traiic is a le.
gt,uale business or - is NOT II the Legislature OF
The State o. New York IN IT'S wisdom
decides that the sale OF Intoxicating liquors
is illegillmate aud should be discontinued
tho issue squarey. pass prohipitary law
ana enforce IT, Il, The contrary, we are 10 recog
hize oil other civilized countries do that IL
lawful trade aues IL not comport with SOUND states
manship and common sense TO regulate II BY rea-
sonabie and easily understood law do not
by any means Claim perfection for TINS OH;
That IL has some merit hope will
be apparent TO all respectfully invite the members
Of the House ioa cain ana unprejudiced discussion
there may emanate from This body wise, just aud
reasonable excise law .ha IN The ans9uGe ,v o. c ns
s.antly and impartially en,orced.n
LAW OF 1867.
Mr. Gilbert who made an even more extended
speech opposing mo Daily bill and In favor oil retain
ing force the Excise law Of 1884, cenhued ms argu.
ment chiefly 10 an attempt 10 snow that the law Of
1857 Is not '.muddle' and that It's recent sudden
enforcement cannot justly be called "surpriss."
He acknowledged that the question is. as Mr. DAILY
stated IL Was, one 0f the most important which has
ever arisen IN State Although he does not live IN
New York CITY Mr. Gilbert said he took 40 interest IN
this question az cizsn Of the state, thinking It TO
be not only the foremost question IN The CITY and
STATE but the foremost GU the continent THIS oii-
ne said, concerns the morals OF the great s,
strides ::' abroad SR%Sa a.: over he ooansrs y he
change OF the existing law are the liquor dealers and
their attorneys here. To one OF the latter Judge DIT
chair o. a member the ,or) he pointed bis finger
repeatedly du' ing his address, Who are the others
here who invite this Lsssa'urs s 10 aoolse
STRIVING 10 promote the welfare OF CIT zens or their
own peculiarly interests? shall we have law IKE
che present one, which be, because II has been,
enforced, or a new law which 10 bella up as GEM
dazzling one--oeore the peoples eyesf Shall we
OF rumf Mr.. Gilber. went on to say that
the distinction between the sale oil liquor
siorereepsrs p Recognized BY the law dates back %
colonial limos, since when has been pretty persis-
tently preserved He spoke OF the Law OF 1857. which
restricts tho OF liquor 10 innkeepers, as having
been confirmed by the Legislation Of 1879, when
Tweed, Harry Genet and ION Fields were
SSo oasstae again only las. year by the hsn-
est Judicial tribunal In the State-namey,
surprise in the Judicial Interpretation Of the law ne
quoted DECISION OF Judge Bockes in the Third Judicial
department. Of the STATE at the General Term Term
10 Inc decision OF the Court Of Appeals
a prominen. Judge had defined, for all people whom
soeve exactly what tho Court OF Appeals
defined II TO He also said that the amendments
~ law, made irom time 10 time since us passage,
have constructed to produce not CONFUSION.
but certainty as TO what u means.
MIR. Gilbert concluded at last That the uouDle with
the present Law IS that II Is TOO rigorous-too well IN
derstood; that the delay to enforce It's provisions
in The past from the fact that temperance poo
pie not sufficiently reused 10 push 1t 10 prac.
been attempted, the outcry OF rumsellers
against II proves It's righteousness aud efficacy
his pororation included upostrophe 10 liquor
dealers. which seemed 10 he moro specifically drectcd
at the head OF Judge Dittenhoefer which urged them
TO modify traffic tending 10 corrupt innocent boys
anu which characterized them as tradosmen under
the general name oil "Satanl
Mr.. Gilbert resented the tralnc in liquors with an
ardor similar to that evinced by most men who do
not believe IN drinking anything alcoholic, whether
liquor, vino beer. In response 10 the ailusion
the day had not YET dawned when moral suasion
could wholly reDlace law, even In The highest civilized
communities Al The same time MI. Gilbert omitted
that part OF his address delivered to-day
10 meet larry the argument oil those who contend Tor
new law, that the existing law is not cannot
and will not DO enforced IN New YORK city.
The DAILY
Three provisions the Daily Dill, careful scrutiny
OF which would save much time and argument In the
Legislature, are lhese:-
l. Tho provision which reiterates and eniorces all
the restrictions OF previous excise laws upon tho
Sunday traits.
2 That which restrains sales In bucket shops and
has direct bearing against the selling OF liquor 10
women, drunKirds and minors.
g. That which provides Tor y chemical exam,na alton
of aud absolute standard oil purify for all liquors.
The debate on this important subject promises TO
be long II will be participated in by several speak
crs- Among the New York members who will support
the Daily bill are Mr. Aston. who will address the
j NJ. la.. leAIu