The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1896-04-25

only the state excise department can is
sue a license.
Einsfeld's attorneys took the matter
before Justice Pryor on a writ of GER
tiorari Justice Pryor dismissed the
writ. The matter was then taken to
the appellate division.
Joseph II. Choate was associated
with counsel for Einsfeld. Mr. Choate
attacked the constitutionality of the
law. The decision holds, however, that
the law is constitutional The matter
will be taken to the court of appeals.
All the justices concur in the decis-
ion.
ALL SUPPLEMENTARY LEGISLA-
TION IS BLOCKED FOR THE
PRESENT.
Albany, April 24.-Another change of
front on the Raines law supplementary
legislation was disclosed this morning.
Senator Raines brought the supplement
out after the p. m. caucus of yester-
day with the all-night license, Lake
George hotel, and five other minor pro-
visions ready for the printer. At that
time it was fully reported from the
SollllillllCS oll teiNdtiOli lilS dElce-
ment with Senator Cantor that the
democratic minority would not offer
any amendments. Under this agree
ment the senate took a recess for ten
minutes soon after o'clock, and the
committee on taxation was called to-
gether in the library for the purpose of
reporting out the bill. In the course of
this recess Senator Cantor notified the
republican leaders that he would not
vouch for all the minority members.
The deal was then declared off, and
the committee came back without max
ing any report. Senator Ellsworth was
asked this morning about the situation.
He said: mo report will be made and
no supplemental liquor tax law legisla-
ton of any kind will be put through
unless it is guaranteed by the demo-
Gratis that no amendments other than
those embodied in the bill we are ready
to report shall be offered for the pur-
pose of making party capital or for
any other reason. AS it stands now
that guarantee which was made yes
terday afternoon was withdrawn and
neither the all-night license nor any
other amendment will be reported for
passage. That is the situation this
morning. What the day will bring
forth of course 1 know not
The senate, when it adjourns to-day,
will adjourn till Saturday morning.
This Saturday session will be a formal
one, and it is not expected there will
be enough senators present to do much,
If any business, but it will give an adj
ditional legislative day to count as one
of the three days the bill has to be on
the desks of the senators before final
passage. This session was originally
arranged for the supplemental Raines
law bill, but it will assist in getting
other less important bill ready for
passage next week.
A RAINES LAW SETBACK
New York, April 24-The April grand
jury made it's weekly report in the
court of sessions, Brooklyn, this morn
ing and caused great surprise. The
jurors had during the week considered
thirty alleged violations of the Raines
law, which District Attorney Backus
had personally laid before them with
great care. They made return to Judge
Furd this morning, refusing to find an
Indictment against single one of the
thirty accused men.
Mr.. Backus was greatly displeased
and did not conceal the fact. He had
considered the evidence sufficient to
base indictments on. What the reasons
of the grand jurors were for refusing
to indict do not appear in their report
to the court. Some inkling thereof
might be obtained from the grand jury
minutes, but District Attorney Bacllus
refused to make them public. He also
refuses to give out list of the saloon
keepers thus favored by the grand
/ jury.
The report of the jury's action rapid
ly SPREAD
The saloon keepers considered that
they had won a victory. For some
! cause they took it to mean that the
grand jury refused to indict out of a
spirit of opposition to the Raines law.
The grand jurors are the sole judges
of the facts laid before them, and, of
course, can refuse to accept as prov
ing anything, the most conclusive tes-
! timony.
Inc grand jurors who were spoken
to about their action refused to discuss
liiN iiioltC Cd ylllS tlldI lIlty were SWoi ii
to secrecy. After they had retired. hav-
ing made their report, Mr.. Backus again
went before the body and it is said,
made some remarks about it's treat
ment of excise cases.
This jury's disposition of these cases
does not end the matter by any means.
Mr.. Backus has the right to present the
evidence to any other grand jury and
ask for indictments. His anger is arous-
ed and, it is said, he is likely to do this.
This grand jury will finish its labors
this month, which is nearly over Next
month new one will convene.