New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-05
WARNER MILLER OBJECTS.
CRITICISING THE PROPOSED NEW EACISE
INV
HE THINKS IT REALLY PkoIbC4S AM
STRENGTHENS THE POSITION AND In
TEHrsTs OF THE LIQUoR DEALERS
or rTIv- GTATE.

the LEGISLATURE. was known several days ago
the grounds upon which that opposition IS Oased
were stated by him yesterday III the following
interview II will be seen from what nc says
that Mr. Miller considers the proposed Jaw any
thing but an improvement on the present excise
system. He criticises it unspayingly and, while
recognizing one or two good points in its pro-
Visions he concludes that its enactment would
be really in the interest OF the liquor traihc, ana
that it might be termed more properly an act Tor
the creation of liquor-dealers' trust IN this
State than anything approaching "A hi3h-hcense
measure.
An attempt was made TO obtain Mr. Mlllers
views on this bill last week, but he postponed
an expression of them until he had given the
measure thorough examination. lie had the
bill before him when tn reporter called yesterday
al his rooms in the FIT Avenue Hotel ana re-
lerred to it constantly IN the course OF the inter-
view. lie said
The Republican party IS committed TO high license
the restriction Of the lqi or traffic nos through ny
self but through its IDcla;e ana representative
acts. The two last Re- dbican Legialaiurcs paSsCn
High License bills an feSllcuEe acs, VIM Ccntn0
vetoed by the GOv' nor The last SIl'e SonVrno,
OF party indorso tie action OF tAe anu
promised the people OF NE Sda0 nS ictory
In the last election the RepuOhcan majority III Wy
Assembly was nceased Ihe people now c4P5 c pars
Is in no way responsible for what the Governor mas
don ma III
every consideration of honor which can bind Iaty
to mass L,gh license or restrictive laws, and leave We
Responsibility Of their defeat, if they are defeated
with the Governor
CLAIMING NO RIGTT TO DICTATE.
do not claim, because l was The cahui
date Of the party at the last eecuon.
TO have the right more than any other nichiu'i Va
The party to dictate its policy say what lcgSiauon
It shall pass. But a member OF the party haNi"s
taken part in giving these pledges to The people
propose to 90 all in my power 10 SEQ lha' t''oo
hedges arc made good. II they arc not shall see
ha, the fault IA left upon me- but upon 91 men 9n
carry out these pledges. The party Is pledged 10
The passage of measure which shall nor Dc s' one r
sTrirtiya Than the law passed last winter NJ ono
Is standing upon tn mere form Of the bill or cam,
Ing that it must be in the precise Language o. o ,no
one offered last winter il thc i17dr
lse LIQUID ,yIt PreiGb c sSstom Of taxation Which
should be equivalent TO high license. have no uouo'
TRe party Is now confronted with peculiar silua
tion 4 bill prepared by The Excise REVISION CoNl
mission n4s p,T" eIsiin@ cSce avs and Is intended
to settle definitely tie liquor legislation OF me S'a,e
i9 9iSn 'S of ne state for long time come. because
believe that IL the present lii Of the Commission j.
passed any other remedial legislation will be enacted
10 1t s's IS NOT claimed by the advocates, Of MS
measure that is sb hfhNes am im ir
on the present law IN many Of rs admlnlstraiyc
ne1tv a. tbe best hnc tha ca be obtained under NE
iprcscni circumstances, and that 4 is tho only bl
license claim that the fees fixed in this bill are
tOl small and that rate OF ices loWcf IMAM ihos9
fixed in the bn OF last winter would not lee accepted
- Every one knows that he creator part Of the ey
peusrs of orr government, local ana couhlJ'
due TO tie cost of maintaining paupers and criminals
and that fully thrcequarterS g 'h's expense can D'
traced directly to the liquor traffic. This taxation
especially the farmers and small holders OF real estate
Their taxation has been Increasing ior man SemS
-. }, flo has
tic sqlo0nEeopcrs. whose business bring, c DulR 81
this incyased taAation up9" PR lco!i Iao p9 fpI
from day TO day. and are secng the benefits Wmcn
sn i iSeS tied The Republican party canpo
afford give up this fight or take one step bacswar
~ has Ghy 10 go Hs Tho cIc with certainty
OF winning great victory IN the near future
ADVANCING A NEW IDEA.
II has been claimed for this proposed law that II Is
restrictive of the tra1lc chiefly because 1T provides
that licenses shall not be granted TO more than one
saloon in every 500 Of the population This would be
indeed great advance II tie bin produced any such
result But it especially cXcmpis from this provision
all inns taverns. and hotels and al licenses that
may be In force upon the passage OF this act" me
result of this would be that in ,he city OF New-fork,
for example, the population would have to Increase 10
1000 900 or 100000 before would reach the rate
of orc license 10 every 500 OF the people
IL VIII lie seen that It docs not require
tbe decrease of one license to every 500 people as
fast the present terms Of licenses shall expire rs 1t
should do but really recognizes the holder of license
having vested and even perpetual right IN the
license.
Thi, is an entirely new idea. as it has never been
held that person having license to sell liquor had
any right thereby to have IT renewed at NE
end Of the year. This law also provides specifically
that all the restrictions to be thrown around
licenses ach at all TO licenses now
III existence In fact II creates trust OF IN, present
liquor dealers OF the ate almost absolute ~ any
unst that has ever been established IN ths colnIS,
And then it breaks down many o. The restrictions
Ct the present law. Under the present law the ma.
,oriiy OF the licenses a,c grained Tor The sal, OF
liquors TO be drunk on the premises only But ~
the seventeenth section of this proposed bl, pro
vision Is made for The granting Of licenses to keepers
OF inns avcrns or hotels. to sell liquors to be duhk
ana hotel into lquor sto~. II leaves ont the pro-
vision of tho present law IN regard - giving away
q iIuor on election iay within quarter Of a mils
Of tho polls This bill however provides that liqn1r
quarter Of mile OF ths polls election day. It
IS unnecessary 10 speak of The evl that would grow
out OF such "a change. The law in regard TO the sale
Of liquor TO minors Is greatly weakened by the insar-
don Of the word nOwiugly' Under the present
punishable ana his license is revoked. Above that
age the present law requires that the seller shall have
use Of the word knowingly would render it pracii-
cally impossible to secure any conviction under that
clause
This proposed law requires that all notice from
father mother, guardian, husband or wife forbddng
the sac OF liquor 10 any person -haIi ut given IN
writing II IS very doubtful under the language Of
the bin If the sale Of liquor is forbidden after midnight
on any night except sunday and Monday. The
language Is not clear and doubtless IL would be neccs
seN Ia 60 10 the courts for decision IA the matter
Il provides that special license may be granted 10
balls to soil liquor all night except on
sunday nights. II provides that no new
license shall be Haniel eXcep upon pc
tiuOn Of ten respectable cizcns residing within
the election district where The premises arc situated
sut II exempts from this provision AZ licenses N
lor al the time G.. Tie passag' of The bin and such
licenses may be renewed without petition.
MONOPOLY or THE SITUATION.
Furthermore b provides that no nccnse shall be
granted for the sale Of liquors '.lthin two hundred
feet Of any cemetery church, scho0lhOusc, academy
collcs, asylum rcfoma'ory bnt it takes good care
% provide that this hall apply 70 licenses existing
when This act shall 60 into effect. Any person.
therefore, having a license 10 sell within 200 feet
Of any Of these Institutions has absolute monopoly
Ot the Situation. 70 other lcense. can be