New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-30
FREE REIN TO THE LIQUOR SELLERS.
pEMoRAuzrNG FEATURES OF THE FOLEY TX

DEMORAIZING FEATURES OF THE FoI'EY TX
else LAW POINTED OUT IN VAIN.
Albany March 90 speciaI-The Foley Excis"
BILL which introduced to extend the power or
the salOOnkeepes In rural neighborhoodS' was dis
cussed at considerable length In the Assembly To-
day. Mr. Woodbury.. OF Chautauqua County. hhd
prepared u careful synopsis Of the many dangerous
features Of the measure. and hc attacked them Wig
orOusly. The bill Is amendment 10 the general
Excise law which was passed last year. Mr. "o"o
bury gave the most attention 10 Section IL OF the
law. "Thls section Is amended In several Par'cn-
lars, he said. :" II limits the time within which IL
Board Of Excise must render a 'cison upon an "P-
plIcation for license or permission 10 transfer 'he
same. 10 thirty days. unless postponed at the re-
ouest ~ the applicant II extends the right TO the
writ OF cer,iorari 10 the entire State weress II now
T. limited 10 cities OF over 10000 lnhalnnls II
extends the right TO the writ OF certlorir 10 cases oil
refusal OF the Board Of Excise to allow the transfer
Of n license Under the present law II the court
shall determine that license has been arbitrarily
denied, or denied without good and valid reasolS'
the court may direct the granting OF license" This
b,Il provides that the court may direct The granting
OF such license where It determines that II has been
denied without sufficient reasons. The effect OF this
amendment extending the right to the writ OF c''l-
orari to the entire State IS intended To strike "o"h
the Institution Of local option so called. ana 10 COM
mel the granting OF licenses throughout the S'a.e'
This f. Wnde clear 10 my NINA ps Te'S"H vi '"o
change I'm the Inter part OF the s-c'ioh when makes
the court the sole arbiter Of what Is 'snmcleh'
reason for the refusal 10 grant iiceise' whereas
h.fore Il was only permitted TO Inquire INTO 'he lac'
whether the license had been refused '"p'r"r"S UT
without good and valid grounds
The effect Of the amendment TO Section lo Is 10
r.,d.r "A notice served by II magistrate or oV-rseer oi
tne moor OF no unless the person they seek u"
nroh,,at the sale Of liquor 10 Is pa,per. IL taxes
ow.v the night OF a magistrate 10 pr0bipH ue h"'e
~ IIouor TO habitual drnkard unless the person
a manner This Is "A dangerous precedent anu am'hu
ment Under the amended law commissioner VI
rxclse NAV grant a license 10 person unuer t"e"'s
ON. vrars old 10 u person not Interested IN 'he phs
psss In nm alien. To the keeper OF bawdy mousse
to the keeper OF u saloon within POD feet OF chnrc y,
10 = person whose license has peeh ,ii,u ',,,,. -
any other person or 10 any Othcr place. pronion'r,
~ no licensed and vet be free from all criminal
liability -. ,,,rd reading oner an
l., r.u"i attempt was made by Mr. Malby IT, get II
lnems,ta 70 he Excse Committee for further
hearing.
TIE sAXTON POOLRoOM BILL TAKEN UP. '
Albany. March 90 (specian-The Senate took up
T., committee of the whole to-day Senator saAtons
i'm, 10 destroy the poolroom business senator
sx,on presented several verbal amendments to the
IN and ako an amendment suggested by Dh''net
A,orusv Nicoll Of NewYork CITY, providing that The
nassaee OF toe measure shall not AFFECT pending cases
80, roo,sellers The amendments were adopted
and the bill ordered to third reading "''ho". oppo
,.s., senator saxon then moved that the bill I've
made q special order on third reading ior '"m'o',o"
m,"rn,nr senator McClrren AMI senator PlunEtt
'.o. On. uooton but their points Of order were
oyYssr,,ied and tie motion carried by vou ..
~ Ssnafors Endres ana McCarren voting against IT.