New-York tribune., 1896-01-16
SALOONS. CHURCHES AND SCHOOLS.

Mr. Julius Hamburger Is troubled. He is I'M
able to issue. liquor licenses as fast as he could
, wish. and the Court of Appeals is bringing sor-
row TO thousands of homes. The Constitution
'and the common law forbid the disturbing Of
'.vcscd rights" he says. but the Court OF Ap-
meals has adopted an old Tammany motto and
does not let the Constitution Interfere Win us
decisions 1t has declared that the law made
by the Democratic Legislature of 1872 prohbt-
ing the establishment of n lquor-store WITHIN
200 feet Of Il church or school means what IL
SAYS and that a license cannot he ISSUED Tor
such a place to anybody but the person who
held II at the time of the passage Of the act
hamburger easily shows that this Is unconSttu-
tional. but unfortunately for the brewers ana
liuuor-sccrs. whose interests he represents in
the Board of Excise. there is no way in which
he can reverse the decision. and there Is every
nrospcct that between 800 and 1000 saloons
in this town will have to close before long he
cause they have been licensed in violation of
law. and. Mr. hamburger says. "runation and
deprivation will be the result
Accordingly. he proposes mat these poor bus-
ness men who are bounded on all sides ana
tyranncally forbidden 10 ply their trade where
II suits them because, forsooth, the morals of
little school children must be guarded. shall
start n movement for a change in The law which
will deprive the schools and churches OF Their
monopoly of the blocks in which they stand. He
is driven TO desperation nj the thought that
churches might become so thckly scattered that
saloons would find no place 10 exist. and cries
ont against the wrong of running mans prop
criy by making it impossible for him 10 transfer
/, l. ,,,bfu fb. nrb~rrbel limits
The United States supreme Court has decided
that business open To police regulation has no
vested rights which protect it against legislative
restrictions and in England many years ago the
objections Of the brewers Ia free beer. that II
would ruin their already established ll'.es
were slcnccl by the answer that there could be
no vested rights In business which required
legal liberation TO exist at all. But such pr'c'
dents as these do not in the least disturb an al
vocate Of saloon interests so devoted as MT
Hamburger He is sure the decision violates The
Constitution but since he cannot make his pro
test effective as II stay Of proceedings the next
best thing Is 10 get the law repealed.
That is the thing that the friends of temper
ance and morality must be- alive 10 prevent
They have won 4 signal victory in this decision,
which makes effective the legal protection Of
churches and schools against the cncroachmcn,
OF saloons. but the discounted brewers and re
tailcrs will not rest quietly under their d"i"at-
If they do not openly demand a change in the
law. they will seek some hidden way 10 get il.
The prospect Of a general revision of the excise
laws this winter gives favorable opportunity
for the restrictive clause 10 be dropped from the
text Of a passing bill or for few words 10 be-
introduced robbng the restriction Of its cncc-
tivcncss rs now interpreted 10y the Court OF
Appeals and making 1t as worthless as 1t has
been when applied by Tammany Excise Com
missiOners II may be expected that the liquor
dealers and their advocates Will make great
deal Of noise about the bigoted restraints put
upon the liquor traffic, but, as matter Of fact.
nobody has any reasonable ground for com
plant Whoever goes through our streets must
be impressed with the great supcrfiuity Of
looms No need Of the public calls for such
number If every Of them within 200 feet Of
n church or school were abolished there would
still be more than enough to supply the appetes
Of all the drinkers in New-York. They are not
required by the legitimate needs of the trade.
They are established by the brewers seeking 10
make an unnatural outlet for their wares. If
they have 10 close them. the public and the de-
cent. lawabiding retail dealers. who are bona
fde owners Of their saloons and keep in one
place year after year will be the gamers