New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-25
THE LIQUOR-DEALERS' BILL.
INTRODUCED N THE ASSEMBLY BY THE
MAN SELECTED BY GOV. HILL
FOR THE JOB.

ALL DAY UNDAY BY INCLUDING THE
POLICE SPY BILL, y DOES AWAY
WITH THE CIVIL DAMAGE ACT
OTHER FEATURES WORTHY
OF SCRUTINY.
IRON TIE REGULAR CORRESPONDENT OF THE TRIBUNE.l
Albany, Feb. "a Governor IIIll having completed
his work upon the bill OF the retail liquordealcrs 10
permit them to sell liquor on Sunday the measure was
submitted 70 the Democratic Assembly to day a that
branch OF the Legislature which would naturally feel
wcll-diSposed toward it. 1t was a good choice. since
the Republican senate has purltanlcal objections 10
any bill which threatens to turn Sunday into "A day Of
dcbauchcry.
1t will be remembered that @The Wine and spirit
Gazette " the official organ Of the wholesale liquor
dealers (sec its title page, announced, with an air Of
importance, last week, that Governor I'LL had once in
spectcd the bill, that il would be submitted to him
" once more and that thon he would select the men,
Der Of the Legislature who should Introduce 1t. Tho
Governors choice was Adam Schaan. "a Democratic
Assemblyman from Brooklyn and the latter dutfully
presented the bill to the Assembly this afternoon.
The bill is frankly one in the interest Of tho
liquor dealers. II authorizes the sale Of liquor
an sunday from I o'clock until midnight that is. sun
day afternoon and evening. This would leave the
Excise law in this shape, namely. That liquor stores
would be open for the sale Of liquor every week
day. from D a. m. to a. m. and Sunday from 1 y. m.
until Il o'clock midnight. But a loopholc is also
provided for such liquor dealers as desire to sell
liquor on Sunday morning, by the inclusion In tho
measure Of the Police spy BILL THAI bill pro.
hlbited a policeman from entering. on Sunday. a liquor
saloon in which he suspected liquor was being sold.
and buying a glass Of liquor to obtain positive evidence
OF the fart. That is the only method by which
evidence that courts Will accept against q liquor dealer
who has violated the excise laws can be obtained by
policemen. No liquor-dealcr who Is obeying the ex-
else laws and has his saloon closed on Sunday ever
fears a " police spy; II Is the liquOr-deslcr who Is
violating the law who desires a law passed which will
practically handcuif the policeman and prevent his
making arrests Of men engaged in breaking the Ex-
else law. The police spy" section, therefore. may
be considered an essential part Of that section which
authorizes the sale OF liquor on Sunday afternoon and
Sunday evening. The two sections together give n
liquor dealer a permit 30 sell all day sunday. The
sunday section T. "a follows:
Section ~. II shall not be lawful for any person u sell.
or Offer. or expose for sale 10 another. any strong or
svirituous liquors, wines. alc or beer. on SUNDAYS. except
bctWecu the hours Of l o'clock in the afternoon and j.
o'clock midnight, and during such hours II shall not be
lawful FOR any person 70 stand In front. or to lounge o.
louer A. ont IN front OF the premises, or to congregatc In.
or about the entrances or exits. o. doorways % ay
promises where strong or spirtuous liquors, wines. ale o.
beer are sold. or use loud or profane language, or % sc'
ia any boistcrous or dlsori crly manner whatever during
the hours aforesaid. ANY lccnsNe who knowingly permits
any violation % the provisions of THIS section -hal b"
deemed guilty Of e mlsiemcanor. and. in addition 10 Ia"
punishment upon conviction. shall also have his license
revoked.
The Police spy" Section referred 10 should be read
al the same time. Here 1t IS:
Section 20. Livery officer authorized 70 make srfestS
shall have power to enter upon the premises OF any
llcenscc. during the hours that he may b. apthoIl''d
to keep open the licensed premises and % carry on his
business thcrcst But It shall not be lawful Tor any
Commissioner OF Excise, inspector. sheriff. deputy sheriff.
constable. policeman or any officer OF the law authorized
D. make arrests. or any agent Of any society. 70 enter any
premises licensed % sell any strong or spistuous liquors.
wines. ale or beer. at any times when such selling Is no,
authorized by Jaw and solicit or induce any person or
persons 70 expose for sale or eel. give away. or dispose
q. any strong or stirtuous liquors. wines, ale or beer.
ANY person so doing. upon conviction, shall be deemed
guilty o, a misdemeanor.
The Civil damage act Is also snnihilated by this
bill Of Governor Hi. The Civil Damage act j.
amended so as 20 require that the wife. for instance,
who has suffered loss In consequence Of the actions
Of her husband. who has been made drunk In a liquor
store, shall prove that " they have notified the defendant
Ia writing. not 10 sell to the person whose act or acts
caused the injury or loss which forms the basis Of the
action Think OF a woman being compelled to notify
In writing" every liquor dealer In the gigantic city OF
New. York not ~ sell liquor 10 her husband! Here Is
the section which destroys the Civil Damage act:
Sc. 20. Every husband. wife. child. parent, guardian.
employer or other person who shall be injured In pcr>or
or prosc ry. q mean. Of support. by any intoxicated person.
or in consequence Of the intoNication. habi'ual or otn'r-
wise. Of any person, shall have a right o. action IN hs o
nE HhLff s-tluhk dMN I'ArHi - l'AF'h' NHF T"&Hf ~
selling or giving away Intoxicating liquors. cause the in
,oacation Of such person or psfons, and by any person
OF persons owning o. renting. or pcriaittihs the occupation
Of. ay building or PREMISE, and having know!eds" that
intoxicating liquors arc q b. sold therein, shall bs habIe
.evcrally or Jointly HiA uc p.rson or persons selling 0
giving intoxicating lquor, aforesaid. for all damage 'H'
'ancd and for exemplary danaSesi aud all damages ie
covered by 2 minor under this act shall BE- paid either 10
such minor or u h- or her parent. guardian OF next W'id
a. the court shall direct; AMI the unlawful sale or 4l'lng
away Of intoxicating liquors -lall work a forfeiture 81 Al
right. Of ue l,--ce or tenant under any lca," or contract %
rni upon The premises; md provided that any p'r'o'-
suing under t!, provision shall prove that they have not
Gd the dcfcud,ut in writing not 20 sell 70 the person
whosa act Or acts caused tho Injury or loss which ioi"'
the basi- Of tho action.
4 new class Of licenses also IS crcatcd-thc eating
house license. Any liquor dealer who can buy a
ga, stove and Il pound Of crackers can apply fr such
a license. Here Is the general schedule u license
fees:
Soc. 70. Tho Board q Excise In any cty or town
NAV grant lccf,c, to sell ia such cos or town strong or
spirtuou- liquors. wines. ale and beer. In quantities l~'
dian i've gallons at a time, aud shall TX ana receive i''
FOR such licenses a, follows:
Licenses To keeper, Of inrs. taN"rns. hotels or saloons.
permitting sales therein Of >t,ong or spir!iuous liquors
wines. a. or beer. or ale and beer only. 70 be- drunk On
or or the premise, for which the fee shall De. In cities. a
sum not less than $50 nor more than $3.50. and Ia towns
d sum not less than $50 nor more than $50. Licenses
TO keepers Of stores, permitting sales therein, In unbrok"n
packages only. Of strong or sprituouS liquors, wines ae
o. beer. not to b. drunk on the premises, for which mo
fees shall be. IN cities, a sum not less than $50 nor more
than $3.50, and in towns q sum not less than go nor
more than $50. An unbroken package shall mean TIE oHtI
mai package in which tho st0rckecpcr received the good
License. to such keepers u drus.storc' as are Hcrn'cl
pharmacists. permitting them. only upon a plys1ciahs
written prescription. to be but once rsed, 10 cell strong ~
splritnols lquofs. wines. ale OF beer. not 20 bc dulnh ''
tho premises. Tor which the fee shall BE- $50. License .
keepers Of eating houses. permitting sales therein, ulon u"
conditions below specified. Il strong or spiritu0us liquors
wines. ale or beer. for which the fces shall be-. In cltlo'
q sum not less than $40 nor more than $3.50. and In TOWN.
4 sun not Jess than $50 nor more than $3.50. An eat