New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-13
RIDDLING THE EXCISE BILL
Ex.JUDGE DAVIS REVIEWS HIS CRITICISM
OF THE MEASURE.
FAULTS AND INTERSECTIONS OF THE PROPOSED
LAW POINTED OUT IN DETAIL IN LETTER
TO GENERAL CURTIs-DR. cRosBY's RE-
Election POSSIBLE EVILS
IN THE Bill

| in THE BILL
Albany Feb I2-Ex-Judge Noah Davis has
written an open letter to General Curtis chair
man of the Excise Committee which. in view
Of the present excise agitation in the legislature is
attracting widespread attention. Judge Dayis's
letter is as follows
| Ncw.York. Feb. IL. 1859
Ny Dear General Curtis l have Just read DR.. Cros-
by's letter in The Press OF this morning. In answer
| to my attack upon the Commissions Excise BILL
His letter Is founded upon the extremely meagre report
on Friday mor Ming last in The Tribune You. aud
the other members Of the committee who were present
called was by no means confined to tho few defeets
mentioned by Dr. Crosby but Others do not know this
fact. and therefore beg permission To present TO you
summary OF my objections to The bill.
The first defect referred 10 was In section Ia OK
as S in Which h meat meat On the
| May In each year, for the purpose Of receiving anu
shall meet at no other time as a Beard OF Excise eS,
cept to act upon applications for license elc; so1
days tho limit under the act OF 1907 section 81;
Why this special exception for that specia putposs
This restriction to single day. except for the spechtu
purpose condemned as wrong. because me duuss VI
such Commissioners are not limited to tnat purppso
but by the bill itself are extended 70 "a for yo
things, such revolving licenses proseeu'ng ioL ,a
latons Of law. and other Kindred dhtes when ,io
section virtually prohibits them from e ~
HOW NOT TO REDUCE INTEMPERANcE.
then called your attention specially to the sixteeh'h
section, which purpors to be an effort 10 reauee ING
number of licenses to ratio OF one such license LOT
every five hundred OF the population OF every such city
or town. How Is this most desirable result attempted
to be securedl First, 4" all INNS taNerns and hoteis
cepon Should be considered in the light of the new
kind of licenses to be granted 10 these licensees u
which shall speak presently b db,ey we complain
The provision that the Board SHAH not ISSUE NY
ISnors RInes ale or beer to be drunk upon licensed
premises in excess Of the number Of such licenses hsh
SHAH be in force when this act shall take erect;
whenever by the Issuance OF such license the total
number Of such licenses in force in such city or town
would be made to exceed the ratio Of one such license
for every five hundred Of the population OF such cry
or town. etc The effect OF this section Is TO keep
OF licenses in fofco when the act takes effect no
matter how much that number may DO diminished
| the Iaw:~deaths removals, or refusal TO consc the
persons then holding license. In York, Tor In
stance, II there DO 5000 licenses when the act
takes effect, thai number may be kept good. though
persons and places so licensed be largely changed
Dr. Crosby thinks this course necessary In order Dot
&c destroy the valuable property Of persons now II.
censed But to deny license destroys no property
The courts have long since held that there Is no
property right in license. It Is mere privilege
restricted TO the person the only loss The party can
10 sell intoxicating drinks 20 be drunk or of the
premises. Whatever property he has when bis license
dispose Of but in so far Il consists Of liquor,
cannot DO sold 10 be drunk on the premises. or sold
unlawfully But this restriction is universal and
only puts him the same footing with all other I'M
But see how the bill in this regard operates in the
Take town of 8 900 people. say there are twenty
licenses. The principle of the bill prufessedy says
there should be but ten but the effect Of tho bill IS
to declare that twenty may be continued and that
that town Section 10 of the bill is not and cannot be
operative, though the population be for some cause
10000 In the city Of New-YOrk the existing number
can be reduced under the provisions Of the bilE
yet this section Is the boosted reduction Of LICENSES
And The commsslon according TO Dr. Crosby BY, framed
rights Of liquor dealers
A GREAT CONCESSION TO TIRE LIQUOR SELLER.
My chief attack upon the ILL directed how
ever the character OF the licenses It authorizes and
the vast increase Of licenses It permits These arc
inns taverns and hotels are by the present laws and
have been long we have had laws on the snplee,
and there Is not now an lnn tavern or hotel In the
state which lawfully sell In any other way But
the new license IS 10 give 70 them the right not only
10 sell TO be drunk on the premises, but on the
premises and wherever the buyer chooses ms
other way. In short, it gives every nm tavern ana
hotel the right to DO store, wholesale aud ~ e,ali,
add the cost Of store license 70 that OF an Inn dne
petext Of high license dwindes to ARE mho dOes
make them a beggaIly resort Tor an sorts OF
liquor dealing and not merely pace Tgfe =. Sane
viii be taken OF the premises to poison ana destroy
Tie proposed change IS most pernclous IN its char
acter II has always been the law that a store aud
A hotel license could not be united In the same per-
son aud same building (Benson vs. Moore, 10 Wend,
2GOl license 10 keep tavern IS a personal trust,
and defendant cannot Justify under an assigned l.
cense IA John, 93u. at Is mere temporary per-
mir (Boarl Of Excise vs. Barrie, "a New-lork, oSIl.
Yet by this new change all settled rules on ile SUD
Iect are 10 be ertuned, aud taverns and inns are
10 be changed nom places for tho accommodation OF
Hspi and az" drinkers This IS bad uncaed for and
unnecessary and IL will Increase the sale and use OF
second The next class Of the bill ars licenses to
saloons The saloon : very modern ihs bss No.
right to exist Bnt the bill not only creates saioons
Wv eff t G~t Tpem %s Their character also
changed for tho bill gives them all tbs powers OF
u Third The beer licensees may sell wines, ale and
beer TO be drunk on or Off the premises The change
Fourth, The keepers of stores can be licensed TO
TpbrOsn paSsgi Sns ~, t NGw ye eey yos
not to be dn6 on Rs pSm ssiSo Ioes MAJ se
by small measure Inc n foS tbe bepst Of inns
ond saloons where everything can pc kspt on tap,
hps made as bad uncss tho license eau DO
said TO be an improvement.
NEW CLASS OF LICENSES CREATED
Fifth But the licenses to keepers Of eating houses
are new aud pregnant with OWL No such licenses are
now known 10 the law u IS true many eating hoises
have licenses but they are licensed as saloons or
possibly as hotels. But The creation Of this new
class belongs wholly to this ILL., 1t win bring into
cXistence vast number Of the most vile and Inferior
s lliNDns 10 iin ms worst Contamination There will
nndsr n he some excellent eating hunses, which VIII
be better Tor haFihS Nh.ap i''h99
numbers OF cheap and nas;y9 places which VIII he
INFINITELY worse Tor having licenses. The licenses
arc rated AT less than half the f'e for saloons. IbeS
Win therefore be sought for CA account OF eheapness
and viii spcad the Vice Of drunkenness ia proportion
~ The tempailon they hold out for the poor aud the
young The system q licenses Is altogether rhssseS
f93r the wose Drinking places VIII DO increased
and with the temptations 10 drink, drunkenness VIII
become a worse VIE than ever.
sixth but there IS stu another class OF new
urenses which the state Itself Is TO issue from The
ConfIoIler's Office lt the saloon wheels, and
on sfeamboats and vessels WHAT call Is there for
lids SORT OF thlngl Who asks for saloon on every
train of cars every ferry boat or steamboat nayl
gazing the waters Of state Certainly the
American people can do Without the temptations OF
iionor while tfaye ling on cars Nothing Is mora
aInmlnable than drunken man on a railroad tram.
lie Is dangerous thing to hnsei ana nuisance 10
go home from their business without putting ths
tcmptafon OF lIquor under their 1T every step
riped mon arc over ant - ye'd TO such Stimulation
and many a man Will reach his iamlly from a tram
.fr ttaka