New-York tribune., 1905-06-04
IN INTEREST OF MORALITY
Governor Higgins Gires Reasons for
Signing Eacise Measures.
tBr TELEGRAPH TO THE TRrsUNE.I

any June 3-Governor Higgins to-day
ms certain the elimination of the fake Ratnes
Iay hotel by signing the two measures. one OF
Sel.dtor Raines and the other Of Senator AM
bier. which were drafted by the City Club. after
consultation with Excise Commissioner Culli-
nan and Senator Raines and put through the
legislature largely result Of the EFFORTS OF
Congressman Bennett The measures are among
the most important of the present session, and
have been bitterly opposed. not merely with
argument but by the liquor lobby.
one provides for the inspection of all buildings
b. the local authorities before the issue OF
Iiouor certificate and the withholding Of the
certificate If the premises do not comply. not
merely with the Raines law. but also with the
local police. health and fire regulations. The
second bill meets the situation that obtained as
q result of delay to the first bill BY hook or
by crook this bill was held up until after May i.
the beginning of the excise year, and this would
have resulted in granting year of grace to the
fake hotels but the Amber bill. under an eTner-
gency message from Governor Higgins, was
rushed through. This provides that for a year
an investigation of the compliance of hotels
with laws and regua tons. provided for in
the foregoing bill. may be had on the petition
of a citizen or taxpayer.
The fight over these bills was memorable AT
the outset it was announced that the former
would do away with 90 per cent of the fake ho-
tells, and as a result the aid Of the liquor lobby
was invoked. This bill. by entirely novel
device rrovides for inspection of the Raines
law hotel and eliminates the possibility of hold
I'D graft at the same time. This is done by
providing that whenever application for
LIQUOR certificate is made to the State Excise
Department this department shall at once for
ward to the local building department a
copy Of the application. and that this depart
r11ent shall at once Investigate the premises and
within ten days report whether or not they COM
ply with the local fire. health and building ordi-
nances and State law. The report is then sent
back TO the State Department and is sworn
report Thus the possible blacknail is elimi-
mated. On this report the license is granted or
withheld. if withheld, then within thirty days all
partitions Of the Raines law hotels must be
knocked out. thus obviating the possibility of
the structure being used as an evil resort
THE YEAR OF GRACE REMOVED.
The Amber bill passed under conditions men
toned above has been assailed in variety of
ways 1t has been declared unconstitutional:
il has been alleged that there was clerical er-
ror about the bill that made it improperly at
tested. that it not repassed in its final form
and, finally, Senator Raines personally declared
in a public statement that the bill would not be
signed It is, as the Governor points out in his
memorandum tremendously drastic, but II meets
situation created by the liquor interests them
selves, and removes the year of grace that they
secured from the delay Of the Raines bill The
two bills together give the local authorities the
opportunity TO eliminate the evils that have de-
veloped under the Raines law at once. and place
OF them the responsibility for a further con-
iinuance of these evils.
In the memorandum. which he attached to
statement IF his arrroYal Of these measures
Governor Higgins said:
The purpose of those bills is to compel the so
called Raines law hotels 10 comply with the pro
visions of the laws, ordinances, rules ana resu
lations of the State and locality relating TO th'
freproof construction OF hotels, ana the law!
pertaining TO the building and nealth depart
lnents of the State and locality. The proceed
ing under the Amber bill is summary in IT
Character but it harm no one who Is carry
ing on his business properly under existing law
The provisions of the Raines Dill are for IN
purpose Of preventing evasions of the law b.
requiring a proper inspection or the appilcant
hotel before liquor tax certificate is issued L
him
These bills are in the interest of morality, am
are supported by organizations and citizens IN
terested in removing the disgrace that attache
TO che name of the so-called Raines law hote
II were not satisfied with the constitutionallt
oE Amber bill it would not receive my aP
prt al more drastic than are pronlol
tor iiquor laws the constitutionality OF Wnic
has been upheld by the Supreme Court OF tn
United States.
AS a general rule ii would be preferaple I
have the proper inspection made before the Ger
tfcate is granted rather than to take away IN
right 10 traffic in liquor after the granting Q
the certificate because the certificate sholl
not have been granted in the first instance. 70
that reason the Amber bill is temporary IN II
Eharacter only. and will be superseded py III
.tsines bill: at the end of the year.
The Governor vetoed the SAKE bill, eAeIllI,llIl
hotels of over two hundred guest rooms ITof
the provisions Of the law requiring the form.
consent of any church whose main entrance
within two hundred feet of the main entrance =
any place where liquor is to be sold rms pl
intended to apply particularly TO lle ne
Gotham Hotel in New-Yor City
Regarding his veto of the Sake Dill the t1oN
.rnor describes IT as special exception 10 IN
general rule prohibiting the traffic IN lquoI
be carried on in any place within the state VIII "a
10 two hundred feet of a church without u
consent of the church. 1t is probably that III
hotel viii In no degree disturb the peace an
good order Of the neighborhood IL Is hoWeFS
In my judgment. unwise TO whittle away ~
safegua rds contained in the general law py spe
rial exemptions Last year an amendment We
obtained which would have enabled this hotel
Go business with the consent of the church 81
ciesy 1t was expected that this provision woui
be sufficient but the church withholds Its cor
sent and now anotflsr effort is made TO tWi'
the Iarv TO meet the case. No substantial af; az
lincttou EXISTS between hotel containing is
rooms or less and hotel containing TWO huf
sred rooms or more The size OF hotel is ]
Tuarantee Of its orderly character. If that wei