Year: 1877




The New York Delexation.


NEW YORK, Dec 8th, 1877


The city just now is under the influence Of
one Of those spasms to which it is periodically
subject. The cause of tho perturbation this
time is that the authorities have conceived the
idea Of enforcing the excise law, as interpreted
by the Court of Appeals. One never realizes :
what utter absurdities Legislators are in the
habit of enacting into laws until he sees
them put to practical test. And for that mat
ter there are a great many statutes so vague,
incomprehensble a0d contradictory that It Ia
impossible to comprehend their meaning, and
it .requires the dictum of the court of last
resort to construe and explain them. 1t takes
q matter of twenty years or so to reach that
stage of judication. Meantime the law In
question has become 80 completely dead let
ter that scarcely any one has carried in his
memory the fact that it existed. The average
number of edicts ordained by the state legsla-
ture every session, is say eight hundrsd-it is
over rather than under that figure. To expect
an ordinary citizen to keep the slightest run of
this vast pyramid of ensctments is simply PIE
posterous. Bat once in while some patient
and industrious deliver, inspired by the wish to
accomplish an object either of personal or
public concern, resolutely sets himself to work
hunting up provision Of the code that will
serve his purpose. The search may be pro-
longsd aud irksome, but he is pretty sure to
find something bearing upon any conceivable
subject he may have in hand. 1t may be crude,
obscure aud unintslligible, but these little de-
fects can bs remedied by ponderous judicial
opinions. These too, may vary widely in res-
onings ard conclusions, but the final one, ,whsR
it is reached, is Of course infalhbls.


This is the way it happens that old laws are
raked out of the ashes Of the past and sud-
denly sprung upon an astonished community.
After being complete nullities for generation
they are put into vigorous execution without
moments notice, to the annoyance and terror
of the multitude who fall within their penal
ties. To make matters worse tie zeal for COM
pelling obedience to them is exceptional and in
striking contrast with the apathy displayed in
upholding other and equally peremptory de-
crees of the state 1t looks very much as if
our local rulers felt themselves unequal to the
task of enforcing more than ona law at q time,
and that while thsy were turning their atten-
ton to the derelictions of the liquor dealers all
other classes Of offenders were virtually guar
snteed immunity from prosecution. Police au-
thority is generally exercised in this capricous
and fitful way. Sometimes they make q raid
upon the gambling dens, sometimes upon the
dance houses, then again upon the policy shops
or the bagnios but they never attack but one
at time. This style Of doing things Is not
calculated to impress the people with much re-
spect for the law or its administrators, and il 10
not to be wondered at that popular sympathy
runs decidedly in favor of those who break or
svade rather than with those who enact and
enforce it. In lieu Of the superstitious rsver-
ence and awe for the governing classes which
has been usually regarded as an evidence Of
good citizenship it is getting to be the FASH
ion to look with contemptuous indifference
upon the civil power, except when Its capacity
for expressing the people makes it an object Of
detestation and encourages conspiracies 70
thwart its sway.


The latest victims of its iron prerogative-ths
liquor sellers, have not an inch of moral ground
to rest upon. 1t would be better for the inhsb-
itants if these establishments were all blotted
out Of existence. Ram is the potent cause Of
metropolitan misery, squalor and crime. 1t
fills our prisons, hospitals and asylums. IL
would be the greatest blessing that could befal
New York if the means Of procuring any and
every kind of spirituous stimulant were abso-
lutely denied to its entire population. 1t might
occasion some Inconvenience and much un-
natural thirst as well to those who do a. to
| those who do not greatly abuse the opportuni-
Il In;- a1ro& A,;I
| at will. But that would be compensated BY
| substantial accessions Of health and wealth, in
| which all would share. 1t would be substitu-
| ton of comfort for wretchedness in tens OF
thousands of homes; it would change idleness
Into industry and shiftlessness to thrift


And yet, obvious as would be the advantages
| of a hostile incursion by the constabulary
| which would have the effect Of extinguishng
| all the grogshops in town that are not actually
l taverns, the methods now 10 progress looking
| to that end do not meet the approval of sobe
| and considerate citizens. They are too summa-
| ry and vexatious to accord with the views Of
/ men who are strongly imbued with the Ameri-
| can idea of the invioability Of private rights.
| They strike too directly and savsgely at liberty
l and property to be scquiesced in tolerantly.
i Lucy dlo alIcauy pKOuuotnk y heaobiOn tuab
bodies no good to the creditable sentiment in
| favor of temperance which is entertained so
| strenuously by many of the very best people In
| the state. We shall undoubtedly witness dis
| position to re ,ede on the part Of the incoming
l legislature and the chances are that they will
l fall back good deal farther than they would
but for the momentum 10 retrogression which
the prevailing excitement will occasion. It 10
one of the chief hiodrances to the success of ell
l great reformatory movements that the energy


with which they are pushed Is too violent to be
enduring. One of the first things that will en-
gage the attention of the lawgivers at Albany


10 January will be the revision Of the laws relat-
ing to the liquor traffic and there is moro
danger that they will be amended so as to in


cline to laxity than thatlthey will run in the op-


posite direction. The extreme severity with


which existing statutes are for the present eu-


forced is very likely to serve as pretext for


the adoption of policy which will be tants.


mount to a complete abrogation Of all restric-


tions upon the sale OF ardent spirits.


The contest in respect to two Of the principal


federal offices in this city is growing interesting


Viewed in the light OF their intrinsic pecuniary


valne the places are not worth seeking. But from


abusiness and political point of view they are of


great consequence. The incumbents and the


Executive nominees are of unexceptionsble


character and qualifications The question at


issue seems to bs whether the civil service
doctrine is q reality or sham. Senator Conk.