New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-24

signed until there Is def1nlte unoers'o
to the functions of the Commissioners under '''''
new legislation.
"A most serious outcome of the Ranes law IS
the avenue which 1t opens for the resumption Vi
business by notorious dives The Board OF Ex-
else has been especially vigilant In closing '"es
places by refusing to grant licenses. but uhue'
the new law. there is nothing to prevent p'0
prieor Of former dive. some tool OF ms, IlUr,'
obtaining license to renew business. II ne Io
ply with the regulation that no par De ~,
200 feet Of a schoohouse or church. eNcept a. a.,
hotels and other so-called restrictions WIicn w
not preclude dive from running IN iuil oias'
AN instance Of the cases constantly arisins " ~
fore the Board and one which serves az az ,.r,
Illustration of what the effect OF the halnes Ia"
will be when divekeepers realize their Powei - -
renew business. is that Of the application -.
julius Schulz for license to do liquor business
at No 319 Bowery The Excise Commissioners
refused to grant the license on the uistino.
ground that the premises in question WIZ ~ nv
a fit place in which to allow the SAFE Oh , ,suc
the only reason appearing In the record az iilu
ing them to withhold a license. the apphca''o''
made on about March 20 1899; ana an Hn
April following the Board announced its u ~
cision that the applicat ion OF julius ScnuI ~.
a hotel license for the premises No. 3ls bo"eis
was rejected and a license refused for 'he iea
son that the place was not Mt ana p!upe, 80 U
TO be licensed reference being had TO the reNo-
cation OF license for those premises issued 10
Joseph Hirschborn. because the place had peen
permitted to become dsorderly and resort ior
disreputable persons.
THE VALUE OF DISCRETIONARY POWER
THE character Of the premises was. there
fore clearly established and II was entirely
within the discretion Of the Excise ComihiS-
sioners to determine whether or not they wou'o
allow a license to Issue to sell liquor upon prem
ises with such a stigma upon them. This Is the
decision just handed down by Judge Patterson
Of the Appellate division Of the Supreme Couri,
where the case was appealed by the Excise
Board whose refusal to grant the license mao
been overruled by Judge Gildereeeve. 1t is NOT
a fact that the revocation Of the license was
based upon the character of the tenant but up,
the use to which the premises had oeeh Pu,
by reason Of which Use they had become oil III
repute. and unfit to be licensed Now. under the
Raines law. the application OF Schulz cannot DE
denied"
WHAT WILL THE BOARD DO?
1t is a question with the Board to whether
II should stop signing licenses altogether at the
present time. issue them for the time between
row and June 80 when all old licenses become
void under the law. issue them for a fuil
year as heretofore. and let the licensee get back
June 30 the portion Of the fee that wouid
under the old law have entitled him II a license
for full year.
expiring called at the Board rooms Yesterday
afternoon to learn what they might expect under
the circumstances The Commissioners were not
ready to give them answer. but the counseI
expects to have his opinion ready this morning
GREAT GLEE IN TAMMANY HALL
Tammany Hall magnates yesterday said they
were in high glee over the Governors approval Of
the Raines bill John c. Shechan. as leader Of
the Wigwam organization. has given orders for
the Assembly District organizations TO meet with
delay and dcnounce the new liquor law as
abominable measure.
The Democrats Will carry the State this fall
beyond a doubt, and by a smashing majority"
coid Mr. Sheob mi 10 q
classic features. This Raines act will throw
so 900 men out OF employment In the state OF
vote the Democratic ticket II Morton ever
shows himself at the polls again he will be showed
under
LITTLE SAID AT POLICE HEADQUARTERS.
When Presiden; Roosevelt. OF the Police Board.
was Informed that Governor Morton had signed
the Rancs bill he asked FOR an expression
OF opinion on the new law. The Commissioner
refused 10 say word about H. Asked Il he
would max. statement. he said NO. have
not thing 20 say"
Commissioner Andrews sid he had been look
ing the new law, bat was not prepared 10
discuss IL. There is one good feature about g.
however" he said. 1T requires all saloons 20
have the Interior and the bar exposed during pro-
hibited hours. This Will tighten the work OF
the police. believe the new law Will greatly re-
duce the number OF liquor stores IN the city
Commissioner Parker and Commissioner Grant
said that raising the liquor tax and making It
compulsory TO have the interior OF the tarr0om
exposed with shades and curtains drawn up.
were splendid features Of the law. They had
further statements - make.
Chief Conlin said he not prepared - say
anything at present as he had not read IN" pro-
visions Of the bill
The following clause in the Raines b. was the
subject OF some discussion at Police Headquar-
tiers:
AN officers authorized 10 make arrests In
any city. town village and the special
agents appointed under Section 10 Of this act.
may In the performances Of their duties. enter
upon any premises where the traffic In liquors IL
carried on. liquors are exposed for sale at any
time when such premises are open"
Commissioner Andrews said he thought that
under this provision policemen could enter clubs
during prohibited hours Every club in this city
must pay $500 year license and be treated the
same as saloon under the law.
The Raines bill provides that no liquor can he
sold anywhere Sunday. or between | and
o'clock a. m weekdays. except in hotels with
meals or in rooms, and that clubs cannot serve