New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-02
EXCISE LEGISLATION NEEDED.
VIEWS OF COMMISSIONER O'DONNELL.

| .>trSDNENTs TO THE PRESENT LAW BETTER THAN
NEW LAw-PoINTs WORTH THINKING OF.
Railroad Commissioner ODOnnell, who is
familiar with excise legislation In this State and whose
views OIL this subject will command attention. was called
upon at the Fifth Avenue Hotel by TRIBUNE reporter
day or two ago and asked for his opinion as TO what
action should be taken by the Legislature this winter
| The following conversation took place;
| commissioner believe you In the Legislature
| dpriny the time when most Of the amendments were
made TO the law Of s57 and also the author
! Of the local prohbitory laws What, II any, amend
mepts are needed to the present excise laws r.
al was in the Legislature up to 1874" Mr. O'Donnell
answered land familiar with all the legislation since
1868. While in the Senate proposed the first local
prohibory law which has since been copied In every
State moro or where It alaw In 1872 this law
passed our Legislature, but failed to receive the
| sigrature of Governor Hoffman. The next year
II was put In the Republican platform at the state Con-
venon and was again passed. but was vetoed Oy GOV
| ernor Dix, manly on the ground that 10 option was
given in the vote light and alcoholic beverages
"Do you now believe that local prohiDltory law
| would work we'll in this stated"
eyes am firmly convinced that, with proper penal
tics 1t is the very best law that can be enacted to settle
this question law giving majority in every town
and ward of city the right prohibit the sale of nox
eating liquor is just and practical. 1t strongly appeals
to the principle upon which Republican form OF gov
| erument rests the right OF the majority to rule"
"What do you think of a high license law ~
"As matter of revenue IL would be a success. but
such law without high penalties would in my opinion,
| be O miserable failure so far as lessenins The
evils resulting from the sale OF intoxicating liquor is
concerned. As is now, Notwithstanding the license
fee is very low there large and growing unlicensed
sale the dealer finding cheaper TO take the risk OF con-
vctlon with ridiculousy low penalty OF the law
And II the license raised to higher figure with
out raising penalties the temptation to sell without
! license would he still greater"
Hxofg, 1prtr nj ~ Of
which you were the author Was 1t not successful
! high license law u
"That law applied to NewYork and Brooklyn and was
pre-eminently high license law. The roveuuc rose
from less $4,000 TO S2,GO0O0O the first year-a
sum which, had 1t been continued annually, would nave
paid New York's city debt IN thirteen years The num-
Der Of places Of fell from 927o to Gsj in ono year.
and the number Of arrests for offences caused by ntox
! cation decreased in about the same proportion"
Does this not prove that high license law decreases
the places of SALE and also offences caused 10y mtoXca
! tion -
"Not at all. The success of this law was due 70 the
fact that severe penalties We're enforced AGAINST al
yiolators with one.hif the inc 10 the complainant;
but over and above all tho law was honestly enforced
by jackson Schultz, president OF tho Excise Board
aided by Dornau b. Eaton, counsel ard George Bliss,
attorney Of the Board with the fuN cooperation W c
notice under Thomas b. Acton, president Of thc Board
mere vas ono pro- .,o ,,r ri rvrr b en- '.i r. H.
the section which provides lhat oue-hat the fine re-
eGlettI s'ril Y' i of i lad, a. IL il nav men
prosecuting must DO n al his expense and Vcrt few
VIII enter upon Al expensive litigation Tor tic rH"I'
But is any precedent IN this state or this and
was this clause repealed IN the United states ia"
! while yOu were supervisor OF Internal Revenue o.
This clause repealed hut ia it- place fund
created to reward persons Who first furnished r.1rm1
| ton upon winch convictions wore h'l' O"' statutes
full OF laws with tus provision such Jas ir laws
AGAINST cruelty, 70 aniinSi.' SAM i'",, "' ~
years, whore a specific pcna.iy is provided.
! have this clause. As supervisor % Internal Lcyruu"
soon after the war; E4I chaI-c OF On we 9tl' Ncst q"
Albany ami had no difficulty m enforcing tho Law.
dollars the prcc ding year The d1cfouce between
Uuitci States law aud state law is simply Iu the penal,
u.h ~ tne , %,e , Wv ,,, ," int,Iir, ,,r @ "
why the tne ought be 500 and imprisonment tho
bargain. THIS was the peniiy 40 one time foran ho''
"What is your opinion OF the Prohibition party, aud
have they he ped the cause 81 tempefnnge ,.-..
II you ask me OF the men who comp'sh H." party
want TO say, from long ei sonaI 1eiia4iAh'e "it1
many OF them that tngy are Egn'r"y n n .n
conscientious IN thelr Nr"' anu IL ~ u.It-t f.i'
a mistake iicuc or apply offensive epithc, % them
| For many years was leader among tho temperance
people OF tho state but have regarded the roh.
buOn movement as the best plan 70 pIoWO.' temper
ance; hence l have not "c'ed with The Ir'n''ion
2neht the Legislature make a excise law this
Not new law. but amendments TO tic Oil law.
There are decisions by the courts that arc p
valuable which might not apply % new law. Besides.
an attempt To pass anew Law Ike the dnnnd! attempt 10
failure lia Re ' 90
Will you name some Of the amendments which ought
| to be made 10 the law T.
! First the law should limit the number OF license,
IL any given, in town or ward OF city hY thr
nonuatiOu say to exceed license for every 300
or OF population. secondly iucreasc the penalties
against the unlicensed sale Where the present law saws
! dIty dollars make n two hundred and
! this proportion all through the law. GIye ono
haIf the fine recovered the person first entering
complaint. Impose penalty OF not less thau 5000 On
| an Excise Commissioner who f. furnished reason
| able proof a violation Of the law, II he does
not within reasonable time prosecute the VOttOr L.
the third place make the selling giving away fur
uishug of any substance having tie appearance OF
toxcang liquor except at private house primn iaric
prOof that the substance intoxicating liquor. one
OF the difficulties In proving unlawful rtc i7
witness has tasted the liquor offered for
sale This amendment changes the burden Of proof 10
the only person who % the truth. The stat
utes are full OF preccdcns for this notably Is the recent
Tram act under which IL sufficient and
pfisOn citizen who 10 visible mode Of CiupOYMcu
! when these amendments are passed they should be
followed by local prohbitOry act. Tho two should DO
separate as last wOud only relate 10 yes
or no. and would way interfere otherwise The
act Of s57 with the proposed amendments The amcud
! ueutg ed all be made IN a space OF thirty
lines and would stand much better chance Of pa-slug
fresh reormcTs understand that Il is hest
edge OF "a wcdgetn first. Most OF them begin with the
big end first. and hence fail This II the weak spot IN
the Prohibition movement. Local prohibition 10 the
thin OF the wedge ami. In my opinion is ibc true
ralying ptint for temperance IN this in other
STATES The state of Georgia Is covered over with
prohibition but all this has been accomplished WI hou
a third party