The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-09-30
CHOKING OFF THE BABY ACT

| CHOKING OFF THE BABY ACT
| SPEECH DELIVERED IN THE SEN
ATE ON THE COUNTY OPTION EXCISE
LAW OF 1883, BY JOHN w. GRIGGS:-
| ssThere are three distinct features of the
| bill, and propose to show that every one OF
them is a well-established feature of law.
| These features are, first high license
| clause; second, forfeiture clause, and
third the local option clause. The Governor
says that the first feature is unconstitutional
| because it makes the bill special one; be-
| cause any law that applies to internal affairs
| is special The Court of Errors and Appeals
has held that defined classification of cities
and towns, &C., is constitutional. | will
answer the Governors argument with dec-
sions, and what the courts have decided is
no longer open for discussion by the Gov
ernor. 1t is necessary to resort to classifica-
ton by population in fixing license fees
| rather than to the amount of business done.
| Cities towns, etc., have power to regulate
| the license fees, and in the courts population
| has been recognized as the basis for classif-
cation in analogies similar to this.
| The Governor says that it will be great
| hardship for man to be deprived of his
| license in such a summary way as this bill
provides. man applying for license
| knows just what bargain he is making
with the courts or the Excise Boards. The
| Governor further says this is done by a
| harsh method. as it deprives the man, of
right of trial by jury. There are great.
many things that can be done without
| jury. Why did not the Governor consult
| the revised Constitution and look up the de-
| cisions of the courts before making that
| statements
| JUDGE REEDS MISTAKE.
| s9Under the present law the captain of a
vessel can be arrested and his craft can be
| seized for illegal fishing, and yet he cannot
have trial by jury Yet the Governor
| thinks the rights of a hotelkeeper are above
| the rights of the owner of a fishing vessel.
| The veto says that the liquor dealer is enti-
! tied to a trial by jury. Justice Reed says
| no, but Judge Reed made a mistake Gov
ernor Green also objects to the delegation
| of law-making power to localities, and main
| tains that the Legislature cannot relegate It's
| power back to the people The local option
| feature of the bill is not reiegation of that
power to the counties If you can require
| twelve Freeholders to ask for license. can't
7 you require majority of locality to do
| the same!
| ssThe Governors objection is based on the
| idea that it is an inalienable right for every
| body to do as he pleases, but against the Ex-
| ecutive as an expounder OF the Constitution.
L much prefer to put the Constitutions ex-
| FOUNDER, the Supreme Court, which holds
! otherwise. 1t is common custom to refer
laws to the people before they become opera
| tive as instance the Library act and other
| similar measures. This is local option.
1.-The Governor also objects to the forfeit
ure clause. In 1892 milk bill was passed
regulating the licensing of milk dealers in
seaside burroughs. That law disqualifies
any dealer convicted of selling impure milk.
| In the eyes of the Governor the interest of
| the babes and sucklngs are of no account,
| but those who indulge in stronger liquids
must be protected by constitutional veto.
| The Constitution orders that the laws which
| the Legislature passes shall be uniform.
| This law is uniform and complete. The bill
| says that municipalities may fix license fees,
not must. The Governor says, You can't
| do directly what you can't do indirectly
but there are great many things you can
| do in one way that you can't do IN another,
| LOCAL OPTION NO NOVELTY.
| ss'fhis veto is tantamount to q declaration
| that hereafter every city and town. ETC.,
must rest under this terrible burden without
| the Legislature having the power to relieve
them. Local option is no novelty. One
| hundred and fifty years ago the policy was
| to have twelve freeholders petition for a
license, and there is not a license granted
| that does not require a recommendation
! from some one in neighborhood. What is
this local option law? A mere expression of
a majority of the legal voters in a commu-
nifty The bill has been condemned as a
| vicious innovation. Yet $50 years ago the
people enjoyed the veto power over the
granting of licenses.
'sBy the provisions of this bill the people
are to decide for themselves whether this
evil shall be carried on in their midst
| sThis is a policy that has become essen ial.
| This bill is conservative act to restrain a
| business that is becoming overweighted. So
! long as the LIQUOR dealers shall bifld them
| selves together to elect Legislatures, Com
mon Councils and appoint Judges who will
| protect them in their violation of laws: so
| long as they maintain that attitude they will
have aITeyed against them the opposition of
the people, irrespective of party Into the
arena of politics these liquor men have led
| an unbroken cobort. They want to preserve
their immunity for violating the laws
ssThe Republican party when it made a
caucus measure of this bill did it with
hatred to the affront Of this business that
seeks to manipulate the elections and the ap-
pointlnent of officials.
NO INFRINGEMENT OF LIBERTY.
1.-The good of society and of the State are
in this BILL 1t means no infringement Of
personal liberty, but it provides for morality
| ana DeUJCr pOIlJlCS. Lie GN IL power uluSU 20
out of politics because it is a power not con-
ducive to good government We restrain
the manufacture of power and the sale of
poisons, and the sale of liquor should not be
regulated by politics. This bill is in the in
terest of humanity. 1t is against the inter
fel ence for protection of law breakers. 1t is
against law breaking and defiance. 1t is
| against dissipation and the squandering of
wages. 1t isagainst moral and social degra-
dation.
democratic editors have written in glee-
full lines the prediction that the Republican
party Is killing itself by passing this measured
If this be true the party is dying for
| good cause.
''The Governor has said that Republicans
have caucuses on the bill; will he please tell
| US when the Democrats have caucused on as
good a bills
BERGEN DEMOCRATS ACTIVE.
Preparations Made for Lively Cam
pafgn On the Hill.