The Jersey City news., 1906-07-09
BISHOPS BILL
ANALYzED
Judge Booraem Of Middle
sex Declares the Famous
Liquor Law Is Faulty
SCREEN CLAUSE IMPOSSIBLE
BLUNDER OF THE DRAUGHTs-
MAN HAS RENDERED THE BILL
INEBFEcTUAL THE COURT
SAYS


nounced last week at New Brunswick
that the Middlesex Common Pleas Court
will not order places where liquor is sold
to remove screens on Sundays and elec-
tion days. The judge declared that
after a careful and repeated reading OF
section IL of the Bishops bilp' he had
come to the conclusion that the power OF
the court to direct screens to be removed
if it exists at all, applies only to places
other than inns, taverns and amusement
places, or, practically, only to saloons.
But the court further holds that the
first and second sentences in section
IL of the act are contradictory. The pro-
visions of law in the first sentence are
held to be self-executing, while the sec
ond sentence, Judge Booraem says, in
stead of containing prohiibitory and self
enacting clauses as to screens, imposes
on the court the duty to make an order
before the act becomes operative.
Judge Booraem said the court could
only read the statute by the plain words,
and not place construction if its own
upon it, and that as the two clauses are
irreconcilable, the only thing to do is to
consider the latter part not effective.
st is much to be regretted" said
Judge Booraem, that an act upon which
so much labor was expended by the leg
slature, and from which so much was
expected by the people is, by what seems
to be blunder of draughtsman, rem
dered in this respect Intellectual"
Continuing Judge Booraem said
Chapter ia Of the Laws Of 1906.
entitled. A supplement to an act enti-
tied, San act to regulate the sale of
| spirituous, yinous, malt and brewed Il
quors, and to repeal an act entitled An
act to regulate the sale of intoxica ting
and brewed liquors. passed March Z,
1885," pproved March 20, 1885, be-
came operative as law on the fourth
day of July of this year.
''The fourth section Of this act amend
ing Section II of the original law, pro-
vides, among other things, that the
court, excise board or other board or
authority having power by law to grant
| license in any municipality of this state,
| if said license is not in an inn or tavern
or hotel having at least ten spare rooms
and beds for the accommodation Of
| boarders, transents or travellers, or a
nisEing meals to the public for compen-
sation is regularly carried on, and which
restaurant is conducted and operated on
more than one floor or story of the build
| ing where such business is carried on, or
a picnic or recreation ground, or build
| ing with a bowling alley, or any building
| entirely occupied by a regularly organ
| ized club or association, shall upon the
days and times, when the sale Of liquors
or other intoxicating drinks is by Law
| prohibited to be sold, may at any or all
other times require that the entire in
| terror of such bar or business room in
| which such liquors and other intoxicat-
| ing drinks are sold and served, shall,
during the entire prohibited time. or may
at any or all other times as may be
required by such authority, be open to
full view from the public street and upon
the making of an order to that effect by
| the court excise board OF other authority
| having power to grant licenses, a full
view of the entire inferior of such bars
or business rooms in euch municipality
! shall not thereafter during the. times so
specified as aforesaid be obstructed from
! the public street by the use of non-trans-
parent glass. or of shade blind. shut
! ter, screen, merchandise or any other
article placed within or without the
building in which such room is located. :
1T has been widely suggested that
under this act it is the duty of the Court
Of Common Pleas of each county ito
| 3
make An order requiring all places where
liquor is sold to remove screens on Sun
days and election days, and that it is dis
cretionary with the court to extend the
operation Of such order to any other days
and times considered expedient and
proper. II such power under this act
is inherent in the court, it now becomes
my duty to make such an order.
''With that design in view. have
given the entire provisions Of section IL
careful and repeated reading The re-
suit Of my examination leads me to the
following conclusion:
| In the hrst place it is obvious, from