New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-05
TO BE ENFORCED WITH RIGOR
THE FIRST SUNDAY UNDER THE RAINES
LAWS PROVISIONS.
RESTAURANTS WHICH HAVE BARS. BUT NO
HOTEL LICENSES. MUST BE CLOSED on
sUNDAY-THE CORPORATION
COUNSELS OPINION.

The Sunday provisions of the Ranes Liquor
Tax law will be enforced by the police in this city
for the first time to-day and judging by the advice
which the police have received from the Corpora
ton Counsel New-Yorkers are likely to have the
dryest Easter on record. Not only must every
liquor-store and beershop be closed and the
shades raised so that the police may look into the
barroOms and see that no business is being trans
acted there but the barroom of every hotel must
be closed to the public and yet kept open to pub
lie view and while the hotel men and the
restaurant keepers who have regular hotel IL
censes can supply wines and other liquors to
guests with meals. the men who have restaurants
and the ordinary licenses to sell liquor in them
must close their restaurants to-day.
Many New Workers who have been accustomed
to eat their meals in the small restaurants which
have bars attached to them will have to hunt FOR
other restaurants to-day, and some who cannot
afford TO go to the hotels for their dinner will
grImble because they cannot have glass or
wine or a bottle OF beer served with their food
in the cheaper restaurants that are open to the
public Trouble Of that kind Is likely to be most
common on the East Side, where the German
population IL thickest. Many restaurant-keep-
ers scented trouble in advance yesterday. and
went to the Board Of Excise to apply for hotel
licenses and one keeper OF restaurant in Avenue
G sure ndered his liquor license In the hope OF
keeping his Sunday trade in food
There has been considerable talk about city
landlords losing money because the Raines law
viii greatly reduce the number of liquorstores In
the city. and rents for quorstores have been
high. but as hotel licenses can be obtained only
by those who have a number Of rooms for guests
at their disposal. the increased demand for hotel
licenses probably will be Of much service to the
landlords While there may be a marked de-
crease In the number of ordinary llquorstores in
the city under the Raines law. there Is likely 10
be a marked Increase In the number OF small no.
tells. which will have restaurants that can be
kept open Sunday
FREE Lunch" TO Go TO THE COURTS.
The "frce-lunch" question is likely to be taken
to the courts FOR settlement. and many New
Workers will not be surprised If that provision of
the Ranes law which prohibits saloonkeeper
from giving away crackers and cheese or any
other article OF food. to persons who buy and
drink liquors in his place. is declared to be un-
constitutional There has been much criticism
~ the opinion Of Assistant Corporation Counsel
Turner that a saloonkccper may be arrested II
he tries 70 evade the law against free lunch
by selling sandwiches at an extremely low price.
anu lfIf Udr b''u H' HAAi' ''t'"i' VA N''' l'''NN
who undertake to decide how much a saloon
keeper is entitled to charge for articles of food
sold in the barrooms. William ]. Fanning the
attorney for the Hotel Association OF the city has
declared that the provision of the Raines law
which deals with free lunches" is unconstitu-
,ional and other lawyers who take the same view
Will have the courts pass upon the question
CORPORATION Counsel Scott Yesterday sent
opinion 10 Chief of Police Conlln relative 10 the
enforcement Of the law against hotels and
restaurants to-day. The Chief asked for In
formation regarding Clause G Of Section Fl. OF
the Raines law. which roads that 1t shall not
be lawful for any person. corporation. associa-
ton or co-partnership ITO have open or un-
locked any door entrance from the street.
alley. yard hallway. room or adjoining prem
,ses 10 the room or rooms whore any liquors
are sold or kept for sale during the hours when
the sale Of liquors is forbidden, except when
necessary for the egress or ngress of the per
son or members Of his family for purposes not
forbidden by this act"
MIR. SCOTS OPINION
This provision" the Corporation Counsel
eavs. rs now in force. but is an entirely new
provision not having been incorporated into
any prior law. and never having received ju-
dicial construction.
while the punctuation Of the provision is
peculiar and would seem to forbid only the
having open or unlocked the door or entrance
leading from the street. etc, To the room or
rooms where any liquors are sold dur
ing the hours when the sale OF liquor is for
hidden yet inasmuch this could not have
been the intention Of the Legislature. the
clause must. / think. be construed as II 1t
road 20 have open or unlocked during the
t, eArbf1 on
door or entrance from the street etc. to the
room or rooms where any liquors are sold or
kept FOR sale etc.
"I understand your question to refer to
restaurants which have hotel license. and
IN which during lawful hours wines and liquors
are sold TO guests to be drunk with their meals
and as 10 whether during the hours when the
Gala or l,ouor Is prohibited the restaurants
themselves must be absolutely closed. because
during IA " ful hours liquors sold therein.
THE act in question contains no provisions
u,bicb seem 10 Indicate an intention on the
mar, OF the Legislature to interfere with eat
ING meals and I cannot believe that n con-
s,ruction would be sustained which closed
nearly all restaurants during the hours In which
the sale Of liquor ia forbidden. think the
nrovision in question was intended to Apply
only 10 n room or rooms where liquors are soio
and kent for sale, as. for example. what ara
s,,uv known as barrooms. II this be the
nroner construction Of the act. and think
Z, ia then the prohibition extends to all restau-
ranta where there is buffet or bar.
81 do not think that the restriction snoui'
bc held to apply to room or restaurant III
which liquors are not actually kept, although
,hev NAV during lawful hours be sold to ana
consumed by guests using the room as restau-
rant.
eft is. Of course understood that In restau-
n, boIding no hotel license no liquors or
u,,nes may be served during prohibited hours'
oven 70 guests taking meals therein.
peoordng the question of the hotels peing