New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-14
WHISKEY'S HUMBLE SLAVE.
RECORD OF DENIS O'BRIEN'S SUBSERVl
ENCY TO THE LIQUOR TRAFFIC.
HIS EFFORTS TO BRING ABOUT LEGISLATION
THAT WOULD PLEASE THE sALooN'KEEPEks
-AN EEEnRT TO DESTROY THE CINIL
DAMAGE ACT.

THAT WOULD PLEASE THE sALooN.KEEPERs
AN EFFORT TO DESTROY THE CIVIL
DAMAGE ACT.
Albany. Oct 10 (speciaD.-Denis o'Brien. the Dem
ocratc candidate for Judge of the Court OF Appeals
Will be peculiarly the candidate OF the hduor-ueacs
for that position. As member OF the EXCISE Oom'
mission especially during the last weeks Oh the
existence of that body when It's members were taking
important evidence regarding the liquor trade ana
were preparing their report 10 the Legislature no
seemed to consider himself the mouthpiece Of the
liquor dealcrs. When witnesses were examined, Mr..
okrien by his questions apparently strove to elicit
evidence favorable TO the liquor trade In this re-
,pcct he was not surpassed by Max D. Stern who
had been appointed member Of the commission on
The ground that he secretary of the Wine Ale ana
Beer Dealers Association. and theresore ssc'
TALLY competent speak for the liquor
dealers When the Excise Commission presented
their report the Legislature in January there was
another signal proof Of Mr. O'Brien's subSeTlehcy
10 the lquordealers. Although Max d. stern iound
no difficulty in signing the report OF the majority
Mr.. o'Brien submitted minority report, opposing
section of the proposed bill amending the excise laws
Of the State which would have permitted an increase
of the license fees Of the liquor-dealers. lie Woun
not approve of a bill which in the slightest degree
yQuinted toward hgh-license system or raising inc
fees of the lquor-dealers. The majority report Vi
the Excise Commission was signed by Danici u hoF
ID.
8 Smart and Max D. Stern. The minority report
Of Mr. O'Bren which was brief document, opposed
decisively an increase of the license fees of liquor
dealers He favored reasonable license FEES inc
term reasonable Is synOnyme for " low i'll tne
dictionary of politicians of Mr. oBriens stamp
Moreover. he was dls'resseu Ns'
elimination in behalf of the beerdealers
might DO made against the whsbey-seliers.
He was mortified by the thought that the imposition
of high-license fees might amount practically 10
prohibition. As outlined in MS minority report Ar'
O'Bnen's excise policy would be 10 MAINTAIN tno
present inequalities in the amount OF excise license
fees exacted in different localities high In some places
and low in Others. He would not be in favor OF a
broad State policy, which would impose equal Durdehs
on all liquordealers. The public can judge oil Mr.
o'Brcn's attitude on this subject. Below Is his
minority report: -, on,. ,.a,orosrt 70 the
report except for the provision contained in the thu
clause Of The D5eH scfn9o 81 0 for boards Of
excise 10 grant a license 10 the Keeper Oh saou,
exacfng license fee in cities 900 per cent greater
than has been required by any law heretofore eAIS'
In this particular the commission has, in my igdg
ment departed from the spirit ana the iSrfS ol M
resolution, passed at the outset 10 preserve on
able license fees in all cases Such an aas AMI I ~,
the fee heretofore W @ ny a not be- exccsge in
some special cases yet as fixed rule ,o be op
pressve and unjust in IT'S operation. -, ,ho State
Excise enactmonts that in any part OF t1e S zeal
under oe S srs NOT in NV opinion demanded by en-
ightened public sentiment .os The det GGnhs
10 6O" nsre wide discrimination between alcohoio
and fcrmented liquors. and this has resulted ems thaf
think quite reasonable Tho necessary on pay Al tnE 81
high fee by saloon keeper iof PeLlnoTi 70 be
feared operate as strong temptation to yolac c Ie
law BY selling such Of 110 be %H and Wines only
Statutory regulations of wha character, for the
sale Of Ii11ors must in the end depend for their adj
ipIsf ratfO enforcement
tbe people I'm localities for short terms ana VINO arc
responsible 10 public opinion. There Is no reason 10
believe that such officers Will not represent the average
virtue and temperance sentiment OF inc c0nnl it9
ately disregard their duties to the public dsWs'
whether relating excise or TO other municipal silas,
that fail TO fix upon local officers full respohsloy lor
their proper administration that do not confer upon
them reasonable and just discretion from lear that
1t would as l believe, be much sounder p0lcY 10
leave ample discretion with the local EXCISE DoafIs
acting within reasonable limits ana un1er ult 6iret
The community appointing or elccting them 10 adJusI
fees according to the VARYING fonaSnS aG has
NOT as 10 the st-cass saloon licenses, been recogLu
nbtectioh Viii be corrected by the Legislature
But this was not the sole occasion during the year
that Mr. O'Brien showed his friendness TO the liquor
dealers He drew up amendment to the CNli Dam
age act changing the law in their favor An open
boast of this action of his made by Max d. Stern
at the last State Convention of the Wine, Ale ana Becr
Dealers or in other words the retail lquordealers
NJ the State at Rochester early in september. MI
Stern submitted long report TO the convention on his
own labors as member Of tie Excise Commission
advocating the opening the liquor saloons upon sun
aav and prasing Governor Hill for vetoing the Crosby
Higb-Iicense bill and the Vedder Liquor Tax DILL In
closing his report Mr. stern sad
Before close desire to call your attention to
part of the report of the Excise Commission IN winch
every dealer in the state is interested
He then quoted the following portion OF the report
of the majority Of the Excise Commission:
With a view 10 making the bill adequate only 10
the purposes which IL IS 10 serve, the COhhsSioneis
have carefully AVOIDED IN INC poy W u % cIifimSS
mention of reference 10 those PROVISIONS Oh cAIsuls
codes and acts which have an indirect bearing on
the liquor trathc but are not sucuy sc[md, ~, -
excise regulations. They have no recomIneHuduois
ar suggestions 10 offer in regard 10 theHl, save III
nne Instance namely. the CIVIL Damage aci. IL. Is
believed that in justice TO The persons e0eaS az
renuire npr,ons suing under 1t 10 prove mat thcy
have notified the defendant not to sell 70 any person
whose act. acts caused me injury vi ioSs WIN"
forms the basis OF the acuoh'
Mr. Stern then said: & attach hereto copy OF
,be amendment drawn by eYAttorneyG General y Biloh
This amendment of the Civil Damage act drawn up
NV Mr. OBrien referred by Mr. Stern in his speech
VIC introduced I'm the Legislature last winter but II
never advanced further toward being made law.
nc evervbody recognized the fact that If 1t were passed
tho civil Damage act Itself might well be repeated
The louor-deaIers at their Stare Convention aiter
hearing what MIR. stern said, passed the 'olo"ins
resolution:
3Resolyed That we condemn the civil Damage sct
&c a stands On The statute books of this State as IN us
present form it is the groundwork fol blac Kha ny
irresponsible and unScupuous personS., ,orod an in
Perhaps this resolution can be consuereu an IN, in
direct Endorsement of the candidacy OF Denis bfleh
for Judge Of the Court of Appeals
EFFECT OF Mr.. HAISTEAD'S RETRACTIoN
yr-vrU