New-York tribune., 1902-01-02
THE EXCISE QUESTION.

4
Home rule for cities formed one Of the most
important problems considered by the last con-
stitutIonal convention. and a greater measure
Of responsibility imposed upon municipal
executives than ever before in the history of
;he State. They We're given powers coincident
with these possessed by the Governor in an
proving or disapproving measures passed by the
legislature which affected their particular mu-
inequalities The responsibility. therefore, which
was sought to b placed upon the mayors of the
cities should 30 IaT as practicable, be carried
out by future legislative enactments.
nome rue. however, should not be the shib-
boieth f"I "a enactment Of laws not in harmony
with general state legislation. If by home rule
is meant TIE greatest possible responsibility
the aGTi::stration OF local affairs, the deter
miaatIoa G: questions which affect only a par
hcular loc&lit, anQ the building up of local
government suit. bic for the people, then We
Edve not tFansgreSsed the meaning and spirit
. Of the constitution. IT, however. 1t is sought to
enact IA rs which are repugnant. distasteful and
injurious 10 oth'r portions OF the State, then
We have exceeded the powers that were sought
20 be given to localities, and home rule would
become a l.cre excuse for the violation, by legal
forms. of laws desired by the remainder of the
State.
During the laSt municipal campaign in our
greater -ity there arose a discussion with refer
ence TO local option. Local option as il relates
20 the liquor traffic is understood as meaning
that in all communities other than cities the in
habitants thereof shall have the right de-
termine whether liquor shall be sold in such
determination of that question the Excise De-
partment pTediCates its administration. This
right WAS given because before the enactment of
the present excise law II was within the power
Of the voters or of The appointing authorities in
the municipalities and villages TO absolutely
prohibit the sale of liquor by electing ap-
pointing beard opposed TO the granting of
such licenses.
While it is true that the legislature thus dele
gated its powers il never surrendered its right
10 enact police regulations governing the
troll and sale Of liquor and the latter feature
has almost the force of Constitutional enact
ment. Such authority as had before been given
10 localities was intended to be preserved by
the present law. 1t is a we'll known fact that
in the original draft the same rights as to local
option We're sought to be given the municipali-
ties and that they do not possess them is due
10 the opposition of their own representatives.
There can be no objection to submitting this
question to the voters of the cities, If Ii is
desired. il would be treating all parts Of
the State alike But if by local option is meant
the right TO determine whether the doors of the
saloons may legally remain open on Sundays,
then different proposition is presented, and
departure is proposed from the fixed rules which
nave governed the administration Of our excise
laws. and il then becomes a question which
concerns not only particular city. but every
section of our State. Each locality owes to all
others a due regard for their rights and convic-
tions and their moral and physical comfort
No such departure should therefore, be sane
toned nor power delegated to localities touch
ing, this would, upon the fundamental princi
pies which have had their growth from the
foundation of our country unless clearly desired
by majority Of the people Of the State. Be-
fore submitting a referendum TO the cities the
whole question should be passed upon by the
people at large in the same manner were the
provisions which gave the mayors the right Of
veto and other features of home rule guar
anteed them by the constitution enacted in 1894.
II would seem that the laws which we have
would prevent the alleged abuse of the priv
neges accorded the hotels, with resultant
immortality If such laws were rigidly enforced
by police honestly and efficiently administered.
II. however, such laws not broad enough in
their scope TO reach the particular evils com
planned OF, II should be your duty by amend
EIent TO strengthen and to make more certain
their proper enforcement
/ convinced that this attempt to inject
into the policy Of State a question at
variance with the moral convictions of
majority OF the people is unwise and uncalled
for. Such a departure could not but be harmful
10 the State at large, because it would be *
tending TO a particular line of business rights
which withheld from others. If open saloons
Should be authorized in cosmopolitan cities, de-
mands would soon follow for licenses from other
branches of business. and might reach eX
tent that would arouse the consciences of every
man and every woman in our commonwealth
who believe not only IN day of rest, but in
rendering TO God, who has blessed
nation. the homage that is due Him.
Backmail never be stopped so long as
corrupt. but IL can be. .lessened and al
most entirely done away with If those charged
with the administration of our laws follow out
the principles which they sworn to uphold.
A failure in this direction renders them liable TO
the severest punishment. their enforcement
OF the law would make possible the quiet en-
joyment by all of people Of the day set
apart both by secular and moral law as a day Of
rest and worship
l feel therefore, that no legislation should be
enacted except there is more Of general de-
mand than is apparent at present and that
under no circumstances should referendum be
permitted to municipalities until sanctioned by
the entire electorate Of the State.