New-York tribune., 1895-09-19
CORNELL ON THE EXCISE ia W
COLONEL FELLOWS AND CORPORATION
COUNSEL SCOTT DO NOT AGREE
WITH HIM.
THE MAGISTRATE HAS DECLARED THAT THE
LAW APPLIES TO PERSONS GIVING AWAY

LAW APPLIES TO PERSONS GIVING AWAY
LIQUOR IN THEIR HOUSES ON SUNDAY
CITY Magistrate Cornell has recently declared his
heI,ef that according to the letter OF the excise
law the private citizen who gives liquor to guest
| in his house on Sunday has violated the statute
| He is reported to have said:
"A man who gives away liquor in his house on
| Sunday violates the law. and would apply the law
| 70 him as well as to saloonkeeper There is
absolutely no distinction to be made In the matter
When District-Attorney Fellows was asked for
his opinion OF this Interpretation OF the law he said
I'm the first place, I'll venture the assertion that
II would be impossible to get jury that would say
a man was wrong in giving away liquor In his
home Sunday,
THE SPIRIT OF THE LAW.
I'm the second place the law was never intended
TO apply to such cases Laws must be interpreted
In the spirit in which they enacted. with due
regard to the and conditions to whioh II was
meant they should apply Now the law which says
a man mustn't se or give away liquor after GER
tain hours Of the night Sunday has this main
idea running through IT. The idea that the peace OF
a neghborhood and the rest and welfare OF indi-
viduals should not be disturbed by lIquor-selng In
places to which the public had access or where
auor-selling might offend the public eye. The let
ter of the law does say that liquor must not be
given away these places or times. but t was
obviously never intended to mean that a man, in
the privacy and security or MS own nome, must not
offer liquor To his family guests.
Again. the law is to be taken as applying to
places over which the law exercises supervision.
such as saloons which are licensed The right to
drink lager Is natural right which the State re-
strcts and over which 1t exercises supervision
and power In certain cases. | mean that toward
the creatures of the law the saloons, for instance,
the law stands and must be interpreted as stand
ing as an agent having full power Of inyestga-
ton and supervision. But the law In my opinion,
must not, in any way, invade the privacy Of
mans home and say he shall not give away liquor
to his guests on Sunday. any other day"
Corporation Counsel Scott said yesterday that he
did not agree with the statement of Magistrate
Cornell that "a man who gives away liquor In his
house Sunday violates the law"
II think" he continued. that Mr.. Cornell must
have made such a statement without due consider
alton OF the intent of the Excise law II plain
ly the intention OF the lawmakers, in inserting the
word give to prevent an evasion Of the law by a
liquor-seer. They wanted TO make 1t impossible
for saloonkeeper bartender TO dispense liquor
on Sunday under the pretense Of giving 1t away.
II 1t were not for that provision OF the law bar
keeper might have understanding with custo-
and refuse to receive money for drinks served
on Sunday. but charge up the cost to them and get
the money on another day. The lawmakers had no
idea Of restraining man from the use Of liquor
In MS own home on Sunday OF preventing him
from giving liquor to friend In his home"
Magistrate Kudlich was asked in the Harlem
Court for his opinion regard to the statement OF
Magistrate Cornell He declined to give opinion
and said that he had determined never to pref Idge
case that might possibly be brought before him.
Magistrate Mott. sitting in the Morrisania Court.
said:
Il have opinion to give l judge each case on
It's merits according to the evidence as II comes be-
fore me here Every case has IT'S peculiarities and
there can be no general opinion touching all"
Magistrate Brann. In Essex Market Court, said:
II will dispose OF excise brought before
on the evidence presented In each case" The Mags-
trate listened attentvey while Magistrate Cornels
views were read, but said he had nothing further
to
Magistrate Wentworth. at the Tombs Police Court.
said that he had opinion to express on Magis
trate Cornes position on the excise question.
II don't know what would DO" he said. III any
body would be brought before the charge Of
given the subject any thought. Magistrate Cornells
Interpretation Is strictly. perhaps. within the word
Ing OF the law. but I'm not prepared to say whether
would or would not act up 10 such Interpretation
Magistrate Flammer, sitting In Yorkvil,e Court
said: Il can make no statement either upon Mag
general. ! can entertain no views upon hypothet-
cal cases. Every must be judged on its merits
The letter OF the law embraces every individual
who shall sell offer for sale. expose give away
it, the executive OF the law should take cognlzance
OF It's spirit. OF the end that the legislators sought
attain In framing the measure.
According to the letter of the law. 4 who
shall give another glass OF brandy on Sunday is
liable to prosecution for excise violation, even
mitted in his house
But, on investigation. II may appear that the re-
ciplent OF the liquor suffering from cholera
morbus. and the liquor WAS administered means
TO a humane end would the spirit OF the law hold
the giver Of the liquor equally guilty with a wfu