New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-17
LIQUOR DEALERS THINKING
THEY ARE IN A QUANDARY OVER EXCISE
QUESTIONS.

agitation for the strict enforcement OF the excise
law which has resulted in an unusual state OF
affairs in the metropolis. 1t is ridiculous to deny
! that in Brooklyn side doors and back doors have
swung inward with cOnsl lerable freedom on sun
days. and now that Mayor Schierens rather llD-
/ cral excise policy has given place TO the posi-
/ bllitlcs bound up in Mayor Wursteis administra-
tion a movement for q stricter enforcement OF
! the Sunday closing law has been begun. In an
active campaign started by the women and
church people OF Brooklyn Just what result this
! movement is going to have cannot be determined
! Mayor Wurs,er has promised to do what he can
in supprossing the evil which the temperance
/ people say exists TO such great extent in the
| CITY OF Churches. The Mayor says, however.
| that Brooklyn has only about one-thrd OF the
| number Of policemen available in New-Nork City.
and that ii is therefore impossible to put an OIL
Ger al each side door on Sunday. SO there doesnt
! seem, TO be much chance OF having an excise
| crusade in Brooklyn exactly similar 10 the one
| which has made New-YOrk City exceedingly drS
| on SUNDAYS The Mayor, however, says that he
| IS going TO do all he can to have The law en-
| forced.
Yet the action OF the women and the chufch
| people in demanding a stringent enforcement OF
the excise Jaw on Sundays is keeping some OF the
| departmental officials and the saloonkeepers
| in the Court OF Appeals in the liquor license case
| of Thomas Cairns agans: the Excise Board OF
| New-Yorl City-leciding in effect that the law
| nrohibts me sale or transfer of licenses FOR sa-
| looms within zoo feet Of a school or church and
| shat 10 new licenses can be granted Tor saloons
within those limits. although licenses granted be-
fore 1899 may he renewed-is the latest menace
70 the peace Of mind of the keepers OF saloons N
| BROOKLYN One bit Of comfort they may gamer
from the assertion OF State Senator Samuel Foley
| Of New-Yorli City, who said yesterday tha' lie
will introduce a bill on Monday night when VIII
abrocate tho courts decision and maxi It impossi-
bic for the Board Of Excise 20 refuse TO re-lcensc
a saloon near a church or school that has already
been licensed and which is transferred. lie says
that the law is rankly unjust as now interpre-
ted by the court Another ray of light and hop,
! on th, somewhat gloomy horizon OF the saloon
keepers is the possibility OF the passage o! 'ne
Ford oil by the Leg!sa tuIe By inns OH i, -
proposed that at a special election TO be held III
cities OF the first class there shall be vote. on
April IS 1896 the proposition: ShaiI Spurious
liquors wine ale and beer be sold on sunday pc,
tween the hours OF y. IN. and ID p III ne piii
provides that If n majority of citizens shall No'c
in favor Of this propositions the saIe OF liq"o,
between these hours snail De IaW.u! WITHOUT
further legislation
ONE INTERPRETATION Or THE DECISION.
Georce g. Forester. the lScse Commissioner.
|
cent decision OF the Court OF Appeals: Il don't
believe it is so sweeping in It's effect a. some
| ueople seem 10 think and Il IS wrong to suppose
| mat the decision Kills license within two hun
! dred feet Of a school or church 1t may be SAID
that Il kills the place. but II doesn't prevent the
dealer or ealoonkeeper from applying To Inc
| Board OF Excise for transfer or his license
that it will apply to another pace that ,h y,
not within the prescribed limits think the
| law bears out my understanding OF II. which is
this: That where the license exists. II may De
renewed 10 the same person Inc NUMBER 81
licenses has been considerably reduced In the
last year Many of those that We're withneid
were for saloons within the 2O0-foot limit. lAi3
action was taken by the advice or our couhsei,
Mr. Bremen.
Il don't know" said Mr.. Forester how
many saloons viii be affected by The rccer, DE-
cision. I mean the saloons for whlch transfers
have been made from the owner OF a license pre-
ViOus TO the passing of the law in lSJZ, cover
| ing the case decided by the Court Of Appeals.
| ! don't believe there are many OF them in Brook
lyn. We keep records Of every transfer ON our
! hooks I don't believe the saloonkeepers affected
are very anxious about the matter. None have
called al this office TO inquire about their mold
| ings'
THE LAWS EFFECT IN BROOKLYN.
Commissioner Welles, OF the Police and Excise
| Departments, said he thought the decision by
the Court OF Appeals would affect a large num-
Der Of saloons in Brooklyn. but would not nee
| essarily shut them up. as the license could be
| transferred The Commissioner said that he had
! not yet examined the decision thoroughly as
it had not been brought officially TO his notice.
| The only way to learn exactly the number Of sa-
! looms affected, he thought. would be by securing
a report from the captains Of the different Police
| precincts. He said such report has not been
| received yet. in the Inspectors office yesterday
! afternoon II was said that the number Of saloons
| that would probably be affected by the decision
of the Court Of Appeals could not be estimated
! that there data on hand upon which
an estimate could be based, but 1t was said,
however, that the number OF places which would
| probably be affected would not reach five hun
dred. Also that some OF the saloons had prob
| ably been opened for business before churches
or schools within 200 feet OF them had
| ii said that the Commissioners had been
careful In granting licenses near churches or
! schools.
A NICE POINT OF LAW INVOLVED.
This IS Commissioner Weess opinion OF the
recent dicision He says there is a nice point
OF law involved IN IT: that the question came be-
| fore the Excise Board two years ago 70
whether transfer could be made to a saloon
! within the prescribed limit where a license had
| previously been held. and the counsel Of the
Board was inclined to the opinion that 1t could.
| Commissioner Welles understands. however. by
| the recent ruling that the Court OF Appeals has
determined that no transfer can legally be made
| to any saloon within the limit. and that there
| entitled TO possession. Mr.. Welles cannot pass
! upon the question as to whether or not this
would apply to any license which the Board
granted before the passage OF the law. His
opinion is that If man had license within the
present limit before the passage of the law.
and that license has been renewed from year to
year. il will not be affected b. the decision. He
does not think. however. that under the crcum-
stances anybody but the original OF the
license can hold IT. in other words. he thinks
that no dealer transfer his saloon within
the limit simply because It had a license before
1892.
THE MAYOR WANTS INFORMATION.
Mayor Wurster said to a Tribune reporter
yesterday afternoon: II have asked Police Com
missioner Wees 10 furnish me with all the
information In his possession relating to excise
nafters the number OF LIQUOR saloons In the