The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-15
THE STATE CAPITAL.
Mr.. Days Excise Bill Under
Consideration.
SPEECHES FOR AND AGAINST IT.
Shall We Have Liquor Law That Can
Be Enforced!
APPORTIONMENT MATTERS.
Keeping the Welspnng OF Our Milk
Supply Pure.
THE SEN ATE AW E AIRY.
APPORTIONMENT MATTERS
THE SENATE AW E AIRY.
icy TELEGRAPH TO THE HERALD. ]

Tho session OF the Assembly to-day was consumed
by the fervsnt heat OF a debate Mr.. Days EXCISE
bill Two preliminary speeches were made, one by
Mr. Daily and one by Mr. Gilbert oil Franklin, who op-
posed a change oil the present law Of 1867. Both
addresses were able ana broke The mopotony
OF the Assembly proceedings Tue palm, how
ever, must be handed to MT Daily who
made speech whose only fault was
that 1t was directed above the heads OF most oil his
auditors MIR. Daily is young lrlshman OF the best
type-caIm, temperate, high spirited and sensitive
In pcrson he Is tall, dark and handsome. HIS man.
ner is lofty and He is. in TACT, specimen,
rs nearly as one can DIVINE of the old guild oil Irish
prators emulatng their fights rhetoric
and strictly adherng their honesty of statement He
retains ffom his ancestry sonorous aud refined
brogue. which, together with the charm OF his de-
meanor, comments him always TO the attention Of
The House there could hardly have bcen selected
In the chamber advocate OF liquor law whose
character anu abilities Iavorably recommend his
championship OF any measure.
His excursions INTO the region classics, aud his
references, always apt to instances IN ancient and
modern history. WINE they not perfectly
adapted light reflections OF several legislators
showed that Mr. Daily least concerns himself with
studies whch 40 not AT all concern the liquor traffic
any such thing
DALY's ARGUMENT.
He spoke substantially as ioilows:-
For seven years the people, the courts and the
thurilies this SAFE lived tho belief that tho
solemn act OF tue Legislature Of 1870 repealed and
pulnded The Excise law oil 1851 judicial construc-
liou the part OF the Court oil Appeals, gwen last
April, DECIDED that the nnkeepers clause III that act
was abrogated, but renamed in iorce Disregard
ing the plain intent OF the Legislature, ignorng the
popular belief aua Iual seven years
obtained The matter. lew we'll meaning
o asVanee JUS. ana holy eau take
oi the popular surprise and the momehtary ehtangie
ment oil the law. 1t is well settied maxim That
good never subserved by resort to what ap-
pears " the public TO be device, snare or anything
that bears Tue Impress OF smaiIness There is some
thing IN the nobility oil human nature that revots at
trick My sympathies are entirely with shose who
honestly, and in Tue most practical way, endeav
OrIng 10 promote temperance among the people
The Legislature OF last year, through neglect or
oversight, adjourned without passing any remedial
measure The local courts hesitaIed; The Ponce and
Excise boards, on "a taIt or open understanding,
famed TO act Tor months men Ia the liquor and beer
traffic sway ed between doubt ana hope, bus relying
of the authorities enforcing suCl
laws. went Oh usual paid their money aud accepted
receipts In lieu vi licenses the promise OF imniu
suity. his chaotic condition VI things Lasted from April
'tra some ,ime ~ November, when order, win all
the su VI Imperial ukase iuim lna ted
aby the Police Commissioners to enforce the EXCISE
Jaw. Men hitherto cOnsdered respectable citizens,
AMI who totally UNCONSCIOUS oil having violated
ros in ne broad day bot ia the aarEness Of
and thrown into gloomy coils To DO tho companions
OF criminals, ana Tor what purpossY Marx you
$40 be prSsecuted,o you Will answer Oh no, but
to lIbsFy the very next day 10
resume their calling. But what of thar Tho
majesty OF the la was vindicatcd; the Police
Conmis soners, becoming fascinated with the novelty
even attempt 10 enforce the law, piumed them
selves on their achievements. What n dolusi0nl We
must not deceive ourselves. What IL known TIE '57
Excise law has never been enforced Only Two spas
modic attempts have been made in seven years to
enforce even the SUNDAY clause. No law should
be passed which cannot be executed. nor whca Is
hOstile to the wcil settled HABITS or dsbe-
rately formed sentiments OF a large majority
OF the people during The summer and
autumn months latre number oil well
-fnr hovn thn
greatest respect but whose ZEAL fear has obscurca
their judamen.-saw III TO take advantage oil the d..
over fences s,iuleo sus ana subjected liquor
trade 10 series OF petty hnnoyances NOW, ask, u
for the law? Is that the way TO win converts TO a
laudable worthy causeS To the knowiedgs oil every
citizen o, New York the liquor and beer saloons
OF That city have been unUushinRiy kept open
Sundays Tor years aud are IN full blast To- day
Why have these gentlemen remained silent SO long !?
Whatever Jaw may be- 80 long as II remains on our
statute book, am in favor OF its enforcement uni
formty constantly and all the time II that rs found
to be I'm IL should be immediately repealed
or modified Never utterance given 10 a soundor
rule OF action guido Executive than that OF Pres
dent Gram, whom tie said that the way 10 have AN OBJ
uoxious law repealed was To enforce H.
IMPORTANCE OF THE QUESTION.
Now, gentlemen, this question mas assumed grave
consider what IS best Far removed from the excite
mems We have left behind US, hope We will discuss
this measure BY the light OF reason and experience
upinauenced by ephemeral rcvivss or the oiamor Of
liquor dealers, taxing the old motto, In medic utiss
full allowance for the delicate position In winch
the discussion OF this question places many OF tho
members OF tuis House. Guided py the experience VI
tbe past we come mere ~ legslnto, not Tor perfect
community, but Tor society as 1t Is, impariirg u
healthy impulse and an upward tendency 10 the
character Of our legislation vague impression has
gone abroad, been industriously circulated
Throughout every district in the State, that
templated law will throw open the hoodgaes OF Tree
rum and break down every barrier OF erected
for last fifty years protect society Under the high
pressure OF false alarm petitions and
Eeep
in Dewderment and doubt, when, gentlemen, the
question arises whether we have the courage OF our
convictions, whether afford TO dispel the dc
fusion and say TO all classes OF our community We
as representatives, shall legisatc IN The ght OF his
prejudices OF the nour, shall place statute
book clear and reasonable Law that will last and that
.an be enforced
We want, II the tanic IS 10 be allowed to exist TO
limit the sale and TO improve the quality OF liquors,
way to do M Ina apprchend, Is the only difference
between US. | beg to remind those gentlemen who
favor the retention OF the present uneniorced and
eDiorcible medley OF excise laws that there has not
been IN twenty years more opporune time than the
present To enact a tar. lasting and reasonably
Stringent excise RevvaIs, tidal waves of popu.
lar excitement, como aud 10 like the swell OF the
ocean. 10 be superseded oy others, or Tor season
buried 10 repose.
COM uries Of experience have demonstrated how alb
Souteiy futile the Efforts OF government 70 cntireiy
suppress this traffic. persons regard the sale
Intoxicating liquors as All unmtigated EVIL. Let Us
grant that is, aud Is II not the part OF wisdom ateI
~ 10 regulate and limit by saiutary legislation whs
we can not suppress by coercivo measurcsf IL Io
Vou gentlemen, TO say whether you Will pass rea
souaole excise law, clear, smplo and unnistakabl'
In its provisions, WHICH Dacked ~ by tn'
common OF the people, is calculated
restrict and elevate trafhc, 10 dimlu
ish the criminal class by merCilessly- crushing on
what are known Ia New YORK ss bucket shops, Tue
haunts Of vice and crime or by failure 70 ach sav'
on books a law winch Ii sure 10 be disre
garced when tue present excitement has subsided anc
the inevitabe reaction sets IN You csnno, max
men virtuous temperate by act Of The Legislature
Temperance Is as lar removed from drunkenness u
teetotaism. A wise restraint will do more 10 mag'
porate than int0eranCe. Sussion aon'
win lasting converts 10 any cause. Expe
Renee and ethics alike teach that wbiIe coerc,v
laws may make men hypOcrites they can never
make men vrtuous and temperate National pros
perty and education the safest levers In eevatn
people 10 that standard of scii-rcspect which can
not descend 70 drunkenness. History affords Us Two
illustrous examples IN the rival Republics OF Sparta
and Athens Sparta, snieebled by u rigorous policy
aud sumptuary laws curing period oi 100 years