The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-21

that 1t is absurd to suggest. in this en-
lightened day and age, that a proposition
to let the people vote upon a sunday
opening question should be enacted into
law. without. at the same time and by
the same act, permitting the people to say
whether the sale of intoxicants shall be
allowed upon any day in the week.
THE sale OF intoxieauts has always been
one of the matters within the police
power OF the State and subject to legisla-
tive control, and If they will. legislative
prohibition. There Is no Inherent right TO
sell liquor. 1t has always been a matter
Of license only at the will of the State.
A yet there is no public evidence Of a
demand for prohibition In our State.
continued agitation for Sunday opening
may result in producing. We cannot say.
Local option, so eaIled-that is. the right
Of the people to vote upon the question
whether liquor shall or shall not be sold
on my day NJ the week-may be the ulti-
mate solution of the liquor question, but
It cannot be said to have been an issue
In the last election. nor can It be said
that public sentiment has as yet voiced
self upon this subject In the State. That
Is for the future to determine.
Speaking for myself, the lest election was
4 TO me. as the Executive Of the
State, 10 enforce, so far as the Executive
place in the State. and TO see that the
local authorities shall do likewise. The
courts of our stnte will do their duty
public prosecutors must. 1t will he
deemed just ground for the refusal to
reappoiEt n public prosecutor who Inns
failed, or does hereafter fail. In this
respect.
If liquor is to be sold on any day, 1t
must be done under the most strict OBJ
servance of the law as expressed in the
statutes enacted pursuant to the demand
OF the people. There must be no evasion
of the statutes. A violation of any
statutory requirement must be pun-
ished and for 1t the license to sell must
be revoked; there must be no discretion
as TO this. Mere conviction should, ipso
facto, revoke n license.
Tho excise la VS. can mover be properly
enforced until the local officials do their
duty. To accomplish this they must be
held 10 strict accountability for the non
enforcement of the law. To this end,
therefore, several acts of legislation arc
essentials:
'First-A more simple n effective pro-
vision for the revocation Of a license by
the ranttn power in case of the viola
ton of the excise avs in any respect.
",Seeond-An act making a revocation of
q license result upon a conviction OF the
violation Of the excise laws, or upon a
plea of guilty or non vult.
"Third-An act comforting upon the
Governor the power 10 remove any
enforce excise laws within his muncf-
palify. Such removal, of course, to be
only after notice. requiring such en-
forcement, and after charges, trial and
Further excise legislation should be
enacted in the following respects:
"Gl A general statute should be
passed which will increase the present
minimum license fee iu all places, for
the sale of intoxicantsy and,
I'D in cities of the first class the mini
mum should be at least $500. One thousand
would be better; and in lesser cities and
fowls In proportion.
20 The number Of saloons should be
limited on some basis of population.
20 No more than one, or two saloons
at most, should be allowed to be located
upon any city block.
AK "a -I-a-- t.
md bars for each night, say mt 1880
n. M, after which no bar can be open
until naiil say 2 z n,
90 Establish a State hoard for the revo-
cation of licenses, with power, upon the
petition Of any citizen. to revoke any license
for a violation of the excise laws, this board
TO be required to sit in different parts OF
the State at stated times.
"C) Pass q supplement to the Evidence
act providing that where proof shall be had
that any liquid drink was sold or delivered
IN any saloon. or at any bar. ON any pro-
hihite1 day, IT should be presumed to be
Intoxicating liquor. and In any trial upon
an Indictment or any other proceeding, the
burden of proof that such liquor so sold was
not intoxicating should be upon the defen-
dant.
400 No person or corporation en-
gnged In the snle of malt or spirituOus
liquors should be allowed to establish
o saloon in some other persons name
or TO furnish money for that purpose
Agreements, leases or mortgages, here
after made, for such n purpose, or ia
secure money for such a purpose
should be deemed absolutely void; MOI
should any agreement be lawful which
any person to take. buy oil
sell, only the product or output, Ol
beer or other matt or spirituOus liquor
of any other person or corporation In
or mt any licensed place or business.
II these suggested laws can be. enacted
and the existing excise laws enforced. there
VIII come an Increased legitimate revenue
for municipalities, with probably a large re,
duction OF the number of licensed Saloons
and also a quiet observance OF Sunday un-
der conditions which win guarantee proper
rest ana recreation TO the men of our State
and their families. I ~
IF all this can be achieved in the pres
ent year much will be done that public sen.
timent demands. Other questions NAV he
left for future consideration. But one stropn
step can be successfully taken at a time.