New-York tribune., 1902-01-20
THE STATE AND SALOONS.
THE REV. DIR. PETERS SAYS THE EX-
CISE AUTHORITIES NEGLECT THEIR
DUTY TO ENFORCE THE LAW.

DUTY TO ENFORCE THE LAW
Nc the Editor OF The Tribune
Sir: In the discussion Of the Sunday excise ques-
ZION ROW raging much attention has been given to
fhe enforcement OF the law or its non-enforcement
IN the part of the municipal authorities Il seems
10 me that attention should be called. least as
strongly the similar responsibility OF the State
authorities. The Raines law is a State law. II
took the matter of licensing the sale of LIQUOR
entirely of the hands of local authorities pac-
ing Il IN the hands Of State authorities and pro-
yided State machinery well as a municipal
machinery for the enforcement of this law In
actual practice however, the State has thrown the
burden OF enforcement entirely upon the local
authorities. II has used the law merely as
means Of collecting revenue. Its administration by
the present Commissioner of Excise and to a some
what less extent by his predecessor is an ad-
inarable example Of "commercialism In politics.:
mot IN the sense that these men have put money
tn their pockets but because they have winked
at and permitted violations and evasions of the
law for the purpose of obtaining revenue for the
State, and we think it may be fairly said capital
FOR the party one which reduces taxes These
are. Of course, very serious charges. Can they be
substantiated?
II IS provided by the law that a nerson desiring
TO sell liquor shall make application in a certain
form. He must, unless liquor was sold on those
premises before March, 1886 have tae legal consent
Of the owners of twothirds of the houses used for
any door OF his saloon. He must not have been
convicted for illegal selling before. He must not
sell within certain distance of a church school,
etc. The license which is granted to him provides
that he shall not sell ION Sunday or before
o'clock in the morning on Monday or on any other
day between and 8 o'clock in the morning. He
is not TO permit any girl or woman not a member
OF his family sell serve any LIQUOR on the
premises He IS not TO have open unlocked
any door or entrance from the street alley yard
hefi--a from oGr;
room or ROOMS where any liquors are sold or kept
for sale during the hours when the sale of liquors
is forbidden" During those hours he is not to
have ANY blinds any curtain or article
thing 10 cover any part Of any window,
have II any window or door any opaque colored
glass that obstructs or in any way prevents per-
son passing from having full view from the side
walk" These are q part of the provisions OF the
law. II he has hotel license further special rules
~are prescribed with reference to the character Of
the hotel, its dining room, bedrooms and kitchen,
and, indeed, except for the fact that the number
Of ten rooms for city like New-York is ridicu-
lousy small, and of necessity tempts to improper
use the definition OF hotel in the Rair es law is
very good The hotel keeper may liquor
with meals or in the rooms. except between the
hours Of and o'clock in the morning, but not in
the barroom or other similar room OF such hotel
When the license is granted to the liquor dealer,
bonds provided from sureties to double the
amount Of the value OF the license.
Now. the. State Commissioner OF Excise Is pro-
vided with special agents (the number of sixty de-
fined IN the law is quite inadequate. TO be sure),
whose duty 1t is to inspect all places licensed and
70 ascertain whether they are conducted in ac-
cordsnce with the law not. If, has been
publicly stated. out of 27el hotels in this city 50
per cent are houses Of assignation, il is the
duty Of thesa Inspectors TO ascertain and re-
port that fact. II, as has been confidently as
serted by those who should know, many licenses
are granted on incorrect statements as to the con-
sent OF property hoceTs ana the Ike 1t is the duty
,se d1f }o as6erIs 81 rs 4 fb To f+ Is apS to
modes Of procedure TO stop the violation and pun
;sh the offenders are open TO them. They can lay
then bound bring the matter before the grand
, Jury and proceed BY criminal law against the Of
are convicted, various criminal penalties are pro-
ditiOn TO which the license may be revoked and
fhe p P0n5mSn @ S6 sued o! the p penalty nal or they may
lay the facts before him and apply for an injunc
3 or e & & the sale saze 0f oaSd Sg0F Tosons at 5he of Place ss
isw 4 they can prove that the Law is being VIC
torney secure the revocation of the license. and
vision Of the law would naturally be a peculiarly
effective means Of controlling the liquor dealers
through the Efforts Of n bpriYate 9 parties auor IL
sioneT will not prosecute the bondsman. l speak
n cases Of most outrageous Violation of all pro;
VISIONS Of the law in which have in vain urged
Neither does the State undertake any proper in
ternining whether they are complying with the
terms Of the law. and. in il is violated of
taxing steps FOR A revocation OF the license. / can
give details, II desired. to show the peculiar atti
tuoe Of the State authorities toward the enforce
ment Of the liquor law in this city; that they will
license any place: that they make effort TO
force the law: that they concerned with moth
ing but The revenue TO be received from the Ii
censes.
Now, hold that II the saloons are open contrary
10 law in this city every Sunday, and IL
called hotels are Infamous houses of resort, the
htate authorities not only much re-
iues but more because the power in their
bands isvastly greater The provisions of the
fIalnes law by which the actual offenders can be
reached with heavy money penalties ef-
than any provisions OF the criminal law with which
have any acquaintance.
Formerly II possible under this Raines law
tor the individual citizens partially enforce this
o. the law in the last legislature the individual
otlzen has been prevented from protecting him
sell IN districts where the citizens wish to see the
IsW enforced by provision which compels him
70 obtain the consent OF the State before he can
institute 4 suit in his against liquor
dealers for violation Of the law In recent cases
with which have been connected the State has
actually refused TO grant such consents, maintain
hg, ana Upholding thereby the liquor dealers in
violation Of the law. I do believe in the
hslnes law. but on the other hand, 1 wish to say
non- As experiment 1 should like to the
State undertake honestly and not merely
,nerclallE 20 enforce that law, and ii TO
maj those who are demanding rigid enforcement
their attention TO and require Of it, mas
much as it has given this law that II should at
Tempt 10 administer IL honestly and decently
F. JOHN p. PETERS.
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