New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-08
FLAWSIN THE EXCISE BILL.
THE MEASURE ANALYZED By ExJUDGn
NOAH DAVIS.
MULTIrARIous OBJECTIONS 10 THE yRorosD
LAw-PRoTEcrIoN TO EXISTING LIQUOR
SELLERS DRUNKENNESS MADE
EASY ON ELECTION DAY-A

SELLERS DRUNKENNESS MADE
EASY ON ELECTION DAY-A
sCoRCHING CRITICIsM. III,
TBY TELEGRAPH TO THE fxnuSAl
Albany. Feb 7-Noah Davis made notable Sd
dress in opposition to the Excise Commission bill
before the Assembly Excise Committee tonight.
The address was delivered In the Assembly parlor
in the presence of hundred delegates Of the Anti
Saloon Republican Conference and large num-
Der of Senators and Assemblymen. Judge Davis
made most destructive criticism Of the bill. and
when lie closed his speech L4any members OF the
Legislature said the bill was dead. Judge DAVIS
said:
came here tonight n tho request Of certain
gentlemen who are taking deep interest In the
temperance question, and who feel peculiarly keen
interest in bill which they consider seriously o0-
jectionabs. l refer to the bill Of the Excise Conn
mission. came to the examination Of that BILL
predIsposed to favor It, but found myself constrained
to oppose It There never was time IN the history
Of the country when tho question: Whist shan b
done to oppose liquor sellngf' attracted 50 much ~
tention In some States prohibitory amendments
have been adopted In Pennsylvanis and New
Hampshire they arc about to vote wkether they VIII
prohibit liquorseling. There can be no doubt fhas
nquor-scllers have attained . marvellous power IN
this country, and using IT to prevent restriction
Of the sale of liquor Then there arc the masses
drunkenness Tho excise laws Of this state arc very
indefinite and unsatisfactory. 1t is hard 10 deducs
from them what is the existing statute There y
intelligence enough, am confident, In tho Logs
lature TO make the laws clear, so that persons VIVA
enjoy rights under It can understand II. Tho Leus-
lature cannot enter upon work which VIII 20 toucs
the heart OF the people as this question
FAULTS OF THE EXCISE BILL
Now have said that when came to tho examina@
ton of this bill / hoped IL would solve the entire
question, but found this bill 20 fnl
of mistakes or covert efforts to chengo
tho law to produce certain results that determined
i could not support It. Now shall call your at
tenton to parts Of the bill which think are wrong
TLey make nquorselling moro easy they take OF
many Of tho restraints of the law and they mako 10
moro difficult to restrain liluorselling By law. I
will first call your attention 10 Section IA, which
contains q grave error to say the least Of It 1t
provides for the meeting of the Excise Commissioners
1t says they shall meet only once year. ON the rss
of May for any other purpose than the granting of
licenses. They cannot meet for the purpose OF TO-
vokng licenses. Then there to be no prosecutions
for violations Of the law, no imposition OF dnes-au
these limited To one meeting . year
IL there be only one annual meeting OF tho Boaru
of Excise for the revocation Of license then licenses
will last the year round, although there may be
twenty violations of the law
Then the bill provides with peculiar vigilance TOR
the protection of the liquor-seer, and wherever he
might be hurt he is protected The changes arc con-
stantly In favor of the nquorseler. In Section ID,
for instance It provides that 1t shall not bo lawful
to sell ON Sunday. The present statutes foroid
also the giving away Of liquors on Sunday. Tho
bill strikes out the words "give away" liquor
seller could thus give away liquors on Sunday and
receive pay subsequent day. On election day tho
present law provides most absolute prohibition OF
the sale Of liquor within quarter Of mile OF the
! polls In New-York the polls are so near together
that the quorszloons In most parts OF the city must
| be closed. As result we have quiet elections In
New-York. The words = give away are stricken
out of this portion of tho present law we adopted
| such law popular politicians would
open liquor saloons near the polls and would give
| away LIQUOR on Election Day, and we would have
| pandemonlum OF drunkenness in Nsw-York. Can any
| member Of the Excise Commission explain this new
| feature Of the lawf
DRUNKENNESS MADE EASY.
Then the bill also says that the liquor saloons may
| be opened al the close OF the polls The presene
| law says they must be kept closed until tie emo Oh
| the day. Would 1t not be dangerous to open inc
| saloons while the votes being countedf
Then the eating houses Election Day are author
| lied to sell LIQUOR All that man viii have TO
do will be to step into q restaurant buy doughnut
| and get all the liquor he wants
Why do these members Of the Excise Commission
who profess to be so anxious for temperance throw
1 uOWu tnc laws ptutcCdu6 cuiuoj anu <<A~~~~~ -
The Excise Commission also provides that there shall
| be no screens in liquor saloons Sunday. They
should have provided that there shall be no screens
upon week days, when most Of the liquor IS
| sold, so that a wife can sec her husoano
| drinking II she cares TO- The liquor business
q Is the only one in New-York that, apparently. Is
| ashamed of itself Instead Of putting all men on
an equality the bill makes present liquor dealers Of
NewY York q privileged class. They will not be COM
PEELED to put In fresh certificates as to character when
their licenses are renewed. DO liquor dealers never
fail from gracei This is an evidence OF the tender
care taken of them by the Excise Committee Be-
cause the present liquor sellers Of New-York have
license, they are to be upon higher plane than
those who come after them and apply for license.
Section SO says that every liquorseller must be
a citizen of the United states, and resident OF the
but s yss e 81
power to sell liquor within 200 feet Of church.
They VIII aaSs asSer oudrsser mesl vaIs0 to % be
permitted to. get within 200 feet, of ? church.
ney to have monopoly Of al! the thirsty souls
come to and ask me Il couln's drive aSas saloon
ava away one sO% s thai eouidn he fairly
cried.
PROTECTION TO THE LIoUoR-sELLEK.
It IS a monstrous thing that so many things for
the protection of the lquordealers have been thrown
| into this bill. This measure also makes license
ambulatory. It makes a license also negotiable.
That Is new feature. A license always before has
been personal For fee of so license can bo
transferred Then It Is descendab]e; also new
feature 1t may be transferred to an executor
call your attention to this because Il is, perfectly
appalling to me- the effort in this bill to protecs
| existing liquor dealers.
The bill also says that license sha not be revoked
unless a uqior seller is convicted twice OF violating
the same provision Of the Excise law. Why, gentle
men, there twenty different provisions OF tho
| Excise law In the bill which Iquordeaer can
| violate Under this bill be violate the whole
twenty seriauni, and escape having bis license 10.
deprived OF power of revocation Of licenses In coun
| try towns where the Boards of Excise are TO meet
only once year. licenses would thus be prolonged for
year, perhaps.
| There is also detrimental change IN compelling
citizens to give securities for costs In cases where they
prosecute lquorseers for violating the law; NOW low
der the authority OF the Boards OF Excise There Is
monstrous change In not permitting officers to enter
a dealer for selling LIQUOR on on Sunday. AL He