New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-09
ATT4 CRING THE EKCISE La ".

NEW LOOP-HOLE FOR LIQUOR-DEALERS.
ARGUMENTS FOR And AGAINST EX-JUDGE OFTEN
noEFER's OBJECTION TO AN INDICTMENT
BUSINESS AT THE SALOONS YESTERDAY.
Many of the liquor-dealers who are anxious
TO be allowed the opportunity for selling liquor unmO-
ested on Sunday very much eated over the point
raised last week by ex-Judge Dittenhoefer regarding
the liquor law OF 1857 and In which Judge Sutherland is
10 render decision to-day. The original objection OF the
counsel was 10 indictments which did not aege, as re-
quired by the law Of 1857 that the liquor was sold
beverage II the matter TO end here ~ would be
very s all thing the indictments are easily amended
and all future indictments can De MADE 10 include this
allegation But cxJudge DttenhOoter thinks, and the
liquor dealers very ready to agree win him, that
there lies this clause OF the law OF 1897 the means OF
escapng all punishment for the sale by licensed dealers
OF Intoxicating drinks upon Sunday. The law makes
nifty of a nisdemeanor inn, tavern or hOtekecpcr
or person licensed 10 sell liquors who shall sell or give
away Intoxicating liquors or wines upon sunday :
70 any person whatever as beverage" 1t is argued
that llduor dealer II any customer calls for drink
can ask IL j. TO be drank as medicine ana nor as
beverage" If the answer Is III the aprmatve the
liquor can sold aud the dealer can escape the penalty
for any offence At all events the prosecution, in
proving case against dealer wouu nave 10 snow that
The liquor was sold as beverage.
Tue purpose Of ox-Judge DttenhOefer as he says in
pushing the I'm this way Is 10 show the defects OF the
Jaw Of 1887 and tue abuses that grow up under It. lie
classes OF licensed dealers 70 sen drlnks on
Sunday, those among the temperance people who OPP
posed last Winter any change by the Legislature OF the
existing law would he willing TO consent 20 the passage
OF such law then proposed This, 1t is claimed,
liSuor dens and Still leave the respectable liquor.
dealer a chance 10 sell when he chose. Others
cine Il does not necessarily follow that IL is not drank
as beverage. Most men who drink nabually think
cine i'm other but none the less do they
take Il as At all events, IL is claimed the
saloon 10 q customer TO he drank there sold as
beverage The dealer would have to overcome this pre-
sumpton by testimony that 10 not sold bever-
age In ordinary cases therefore, It ia claimed II would
be no more difficult to convict an offender since the dis
- al nj lhun hnfu
Assistant ctAttOmey Rollins yesterday said: at
Ia a tempest In a teapot, in my opinion, aud will not
* mere techninality and will effect the indictments
very tte II decided to be well taken. IL will only
be necessary to have each Indictment amended as Il
comes up for trial, which would be very little trouble
I Is not even new point as has been stated, though
do not remember that IL has been ruled upon IL
comes up prominently before the public now for the first
time, I'm manner similar to the point raised about
could sell liquor except hoteLkeeper. The
eyade the Sunday law hereafter than before The idea
that any one can keep open bar ON sunday merely by
is absurd II will perhaps make It more OF a case for a
Jury decide Heretofore 1t has only been necessary
for the prosecution to prove sale and there was moth
ING for the Jury pass upon. In this the burden
would technically fail upon the prosecution TO show that
the sale a beverage hut IL would be an exceedingly
light burden aud easy shifted 10 the defence The
mere fact OF asking customer II he bought his dram
medicine would not weigh anything before Judge or
visit was made yesterday 10 several hotels and ga
looms above Union-square Many Of the saloons the
week, and Others by Of "A back side entrance.
In the latter cases there was often some one on
the lookout for officer possible infOrmer,
but In majority OF the saloons there was
no effort at concealment
Visits the principal hotels and saloons below Uuion
square on the principal thOroughfares revealed state
OF affairs much resembling that of previous sun
days Many Of the saloons we're closed, but many oh
ers had the usual side door Open and IN few
the front doors were not locked. some OF
were In full operation, under the cover
Of sacred concertG AZ the hotels in some Instance
the bars closed In strict conformity TO the law