Accidental difficulties have been met or attempted to be met by special laws. In a State in which, as in New York, there is a city with an exceptionally large population, there is some necessity for special legislation, but the practice should be adopted with reserve and strictly confined to the necessity. The firmness with which many legislators and some conservative executive officers have recently opposed this growing evil will be accepted as an assurance of its future repression.

Another increase of these acts is the result of frequent and radical changes in general laws before sufficient time has elapsed to test their value by practical operation. Considerable time is required to enable the public to become familiar with and adapt. themselves to the changed conditions. If it is wise to pass a general law, it is also wise to give it time to prove its value by actual operation.

EXPERIMENT OF A PROHIBITORY LAW.

A very ambitious attempt to prohibit the sale of liquors, except for mechanical, chemical and medicinal purposes, and to deal with all the legal questions growing out of such an act, was made by the "Act for the prevention of Intemperance, Pauperism and Crime," of April 9, 1855. It was in twenty-six sections, requiring almost eight thousand words-even then it was too brief to accomplish all its intentions. It provided that liquors should not be sold except for the purposes named, nor given away except as a medicine, by physicians, nor kept with intent to be given away, except in a dwelling house having no connection with any placeof business, amusement or entertainment. An elector of the town or city might sell for the purposes named by filing an undertaking with two sureties, stating that he does not use liquor as a beverage; that he has no connection with any of the prohibited places or employments; that he will not violate the law, and will pay all damages, fines and costs that may be recovered against him, and will file monthly accounts of all the particulars of his sales. Such a person might sell liquors "To any person 21 years old, of good' character for sobriety," provided the seller believed it was to be

He

used for any of the purposes named and not for any other. must keep and every month file with the clerk a book of the particulars of all his sales and purchases.

The act comprised comprehensive provisions for the search of suspected places; the seizure, condemnation and destruction of liquor; the arrest and confinement of intoxicated persons until their examination; regulating the procedure in all such cases from the magistrate to the Court of Appeals.

The sections referred to will show its prohibitory character and that it constituted a genuine attempt to enact a prohibitory law with all the provisions necessary to its practical operation. Its sweeping character was illustrated by its repealing clause, which not only repealed all previous acts inconsistent with its provisions, but ignored the constitutional provisions for the protection of vested rights; for it also repealed "all charters and parts of charters" in conflict with its provisions.

The experiment was on trial one week more than two years. On the 16th of April, 1857, by "An Act to suppress Intemperance and regulate the sale of intoxicating liquors," the former license system was revised, the act of April 9, 1855, was repealed, and commissioners of excise were created to grant licenses in cities at a cost of not to exceed two hundred and fifty dollars, and elsewhere at not more than one hundred dollars.

THE LIQUOR TAX LAW.

The liquor tax law of 1896, as amended in 1897, has been reprinted in full. As this law promises to be the permanent policy of the State, it can not become too familiar to the people. The increased cost of licenses under the act of 1896 led to methods of evasion which the amendments of 1897 aim to correct.

18

IN THE COLONY

OF

NIEUW NEDERLANDT.

THE HONORABLE WILHELMUS KIEFT

Chief Direktor.

1638, May 17th.

An ordinance against immoderate drinking.

"Whereas the Hon'ble Director William Kieft, and council of New Netherland, has observed that much mischief and perversity is daily occasioned by immoderate drinking- Therefore, the said Hon'ble Director and Council, wishing to provide against the same, have interdicted and forbidden, do hereby interdict and forbid all persons from now henceforth selling any wine on pain of forfeiting five and twenty guilders and the wines which will be found in their houses. Excepting only the store,* where wine can be procured at a fair price and where it will be issued in moderate quantity."

1641, April 11th.

An ordinance against tapping beer during Divine service, and after 10 o'clock at night.

By the Hon'ble Director William Kieft and the council of New Netherland:

"Whereas complaints have been made to us that some of the inhabitants here are in the habit of tapping beer during Divine service, and of making use of small foreign measures, which tends to the dishonor of Religion and the ruin of this State, We, being desirous to make provision herein, do therefore ordain that no person shall attempt to tap beer or other strong drink during Divine service, or to use any other measure than that which is in common use in Amsterdam in Holland, or to tap for any

*The store referred to was company's store.

Note.-The manuscript copies of the Laws and Ordinances of the Colony of New Netherland, in the office of the Secretary of State at Albany, are incomplete, and all hope of ever recovering the missing documents disappeared when, in 1821, by order of the Government of the Netherlands, the archives of the Dutch West India Company in Holland were sold for waste paper at public auction. There is some reason, however, for supposing that the ordinances on the subject of excise laws have suffered relatively less loss than those on some other subjects. (See Grolier Club reprint of Bradford's laws, N. Y., 1894, p. XIX.)

person after ten o'clock at night; neither to sell the vaen or four pints at a higher price than eight stivers, all on pain of forfeiture of the beer and five and twenty guilders for the benefit of the Fiscal, with three months exclusion from the privilege of tapping."

1643, June 18th.

Ordinance against selling intoxicating Liquors to Indians.

By the Director and Council of New Netherland:

"Whereas large quantities of Strong Liquors are daily sold to the Indians, whence serious difficulties have already arisen in this Country, and further calamities, it is apprehended will be occasioned; in order to prevent the same, as much as possible, We, the Director General and Council of New Netherland do, therefore, forbid all Tapsters and other Inhabitants, from now henceforth, to sell, directly or indirectly, by themselves or others, any Liquors to Indians. If any one shall be found to have acted contrary hereunto, he shall, for the first offence, forfeit fl. 25; [25 florins] for the second offence, double, and for the third time be arbitrarily corrected. Thus done and published in Fort Amsterdam on the day and year aforesaid."

1643, November 19th.

Ordinance regulating the Burger guard.

By the Director and Council of New Netherland:

"1. If anyone, on the Burger guard, take the name of God in vain, he shall forfeit for the first offense ten stivers; for the second, twenty stivers, and for the third time, thirty stivers.

"2. Whosoever on the Burger guard speaks ill of a comrade, shall forfeit thirty stivers.

"3. Whosoever comes fuddled or intoxicated on guard, shall for each offense, pay twenty stivers."

1644, June 21st.

An ordinance for Levying an Excise on Liquors and Beavers. By the Director and Council of New Netherland:

* **

"Whereas the general War which we have been forced to wage against the surrounding Indians hath obliged us, in order to preserve the Country, to employ an extraordinary number of Soldiers, who must necessarily be paid, no better or more suitable means can be found in the premises than to impose some Duties on those articles from which the good inhabitants will experience least inconvenience, as the scarcity of money is sufficiently general.

Therefore we have enacted and Ordained, and do hereby enact and Ordain, that there shall be paid on each half barrel of Beer tapt by the Tavern Keepers; two Guilders, one half payable by the Brewer and one half by the Tapster; the Burgher who does not retail it, to pay half as much; on each quart of Spanish Wine and Brandy, four Stivers; French Wine, two Stivers, to be paid by the Tapsters; on each merchantable Beaver, purchased within our limits, and brought here to the Fort, one Guilder; the three quarters and halves in proportion. All on pain of forfeiture of the goods, to be recovered by the Officer or Collector to be thereunto appointed; one third for the informer, one third for the Officer and the remainder for the Hon'ble Company. All this provisionally until the good God grant us Peace or we receive sufficient succor from Holland."