Year: 1877

part of the year, is the only license law in
force in this State, applies alike to every
city, village and township throughout the
Commonwealth. But although the law is
uniform there is no uniformity in its execu-
tion. While vigorous attempts are OF late
made to enforce it in the city of New York
there is no corresponding effort in the other
cities OF the State. Selling intoxicating
liquors without license is MS illegal in
Albany Rochester, Buffalo and other places
as it is in this city, and the local au-
thorities OF all places are equally bound
to enforce the law. The decision of the
Court of Appeals makes no practical differ
ence in the rural districts where the licenses
granted for selling liquor to be drunk at
the place Of sale have always been tavern
licenses In the rural towns, where only
tavern licenses have heretofore been
granted, the decision of the Court of Appeals
is practically imperative, because it
changes nothing. But different excise
law was administered in the cities of the
State, and when it was decided that that
law does not permit the granting of licenses
10 anybody but hotel keepers all the cities
found thelnselves in quite new condition.
In the large cities there were thousands,
in the small cities hundreds, OF citizens
who lost the protection Of the law
for business which had been regarded as
legal, and they were no longer able to pur-
sue it except by the indulgence or conni-
vance Of the local authorities. For seven or
eight months this connivance was pretty
generally practised in all the cities of the
State, including the city OF New York. But
for the last four or five weeks the law is
enforced in this city, though neglected else
where.


The adage that what is sauce for the
goose is sauce for the gander is homely
expression OF that sense OF fairness which
requires an equal execution of the laws.
Purtiality or tavoritism is nowhere so out
of place as in the enforcement Of
the statutes of the State. When a
law happens to be harsh and op-
pressive, or is deemed so by the
class Of citizens on whom it operates, it is
doubly important that its execution should
be uniform. Men easily grow restive when
q government Of caprice is substituted for
q government Of law; but if the law itself
is made an instrument of caprice the COM
munity will feel it's sense of justice shocked
and will regard the very execution of the
law as an act of oppression. When q stat
ute which is equally applicable to all the
cities of the State is enforced in only one
Of them citizens whose business is de-
stroyed by its severity are entitled to COM
plain. If the license law were impartially
enforced in all parts of the State there would
be less dissatisfaction.


We presume that the reason why the local
authorities elsewhere have suffered the
law to fall into neglect is tho same reason
that made the execution of it so slack in
this city during the spring, summer and
early autumn. 1t is certain that the law rs
it now exists does not express the real in
tention Of the Legislature. Laws passed
subsequently to the act of 1867 were meant
to provide for granting licenses to sell
liquor in small quantities to others than
innkeepers but they were SO clumsily
drawn that they failed to express the actual
purpose OF the Legislature. 1t was in con-
sequence of their blundering phraseology
that the Court of Appeals declared them
inefficient and imperative, and as new
legislation is to be expected under such cir
cumstances the local authorities in other
cities, and in this city until quite recently,
have felt justified in temporizing until the
new Legislature meets. Nothing is gained
on the score Of order or morals by strin-
gent enforcement of the present law unless
it is to be permanent. II after full delib-
Grafton the Legislature shall leave the
license law in its present state it will be the
clear duty of the local officers to enforce it
throughout the State. But inasmuch as it
is almost certain to be changed we are not
sure that the local authorities in the other
cities are not excusable for holding on until
the will of the Legislature shall be clearly
ascertained and declared. 1t being quite
certain that the present law is not what the
Legislature intended, and highly probable
that a new license law will be passed this
winter, there is but little justice in making
the liquor dealers of one city suffer for the
blundcring language OF the statutes passed
subsequent to 1857. law cannot command
and does not deserve respect unless it is
impartially executed in all parts OF the State
to which it applies. 1t is allowable for the
dealers to maintain that what is sauce for
New York is sauce for the other cities, and
to resist the ruin OF their business by law
which is not enforced elsewhere. It will
not do to have laws which make victims of
some citizens and favortes OF others when
both are equally guilty or equally innocent.


We insist that it is the duty of tho Legis
lature, soon after it meets, to pass u reason
able license law, which can be impartially
enforced. We do not object at all to a
stringent and repressivc law, provided
it does not defeat its own purpose
by attempting more than can be accom-