New-York tribune., 1907-06-23
GOTHAM BILL VETOED.
Third Time Measure Has Been
KiUed-Gouern0r'S Vie7vs.
lBy Telegraph to The Tribune,


Albany, June 22.-Governor Hughes to-day
vetoed the Ralston bill, which, had 1t been
signed by him. would have permitted the sale Of
liquor at the Hotel Gotham. This is the third
successive year that q bill having the same OBJ
1ect has been passed by both houses OF the
Legislature only to be killed by the Governor.
Last year Governor Higgins let the time expire
WIlnout either signing vetOiDg II, and the
year preceding he vetoed a similar measure.
The Hotel Gotham is situated within the pre-
scribed 200 feet OF a church-the Fifth Avenue
Presbyterian Church-and under the provisions
OF the Raipes law it cannot obtain license to
sell liquor Assemblyman Ralston introduced
a bill this year making general amendment u
the Raines law, that the hotel might secure
a license The bill was bitterly fought in the
Assembly. where Assembyman Robinson
succeeded in defeating it. 1t eventually
passed there by the narrowest of margins-one
vote. In the Senate Senator Agnew opposed
the measure but 1t passed by a comfort
able majority, Senator Raines himself both vot-
ing and speaking for it.
Governor Hughes gave out the following mem
oranda with his veto:
The object OF this bill is TO except a particuIo-
hotel in the city of New York from the prohthTi"p
against trathcking in liquors "a place within two
hundred feet Of church. II the hin were sneciaI
In form and merely excepted the hotel In oiIastiou
II would be tndefensible. Either the TrobIbitinn
should be repealed or It should operate irnpartiav
EXcepuons are defensible only as they re!a ate TO
classes of which. upon some well deNned
ground are deemed to lie outside Of the roicv OF
tle prohibition. y exceptions were to be allowed
IN individual cases for the various reasons which
according TO their character might be persuasive
the law would speedily become patchwork OF
faVoritlsm. 0'
The bin recognizes this principle and the excep-
uon II proposes. despite the special application in
tenueu' ls general in form. Its merit must be
yudSed accordingly Ii provides that the prohl-
buon Is not TO apply in OF church II any
FoFuoh OF the church property attached thereto
Is occupied Tor business purposes, the busi-
applicant Tor liquor tax certificate. II T. DIM
cut TO see why MOTEL should be permitted within
two hundred feet OF q church where part of the
property attached thereto IS used for business uur
poses, and should not be permitted within two
hundred feet Of any other church. The question
must also be considered IN the Hight Of the fact
that churches are largely engaging In so-cniled
institutional work, and II IS not iufrequeut that
portions Of their property used for secular
purposes. The policy Of the prohibition IS not
based upon the church may make OF ad-
joining property which II may happen TO own but
has reference TO its own religious character and
the supposed propriety Of protecting its immediate
surroundings.
Further. the bill makes no distinction bc.yveon
hotels. and whatever under the law may be regard
ed as a hotel viii come within the language of the
exception whether II is OF the highest class
and IS conducted IN most unobec able r7,ar,-
ner or belongs 20 that class which constitutes sn
serious menace to tho morals OF the community
This bill does not challenge the r-oDrl.tv o@ TO
general prohibition Fl its application 10 a metro
pontan community. and the proposed exception
in my judgment. cannot be Justified.