New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-10
DISTRIBUTION or THE EXCISE FUND.
OPINION OF COUNSEL TO THE BOARD OF Ex-


OPINION OF COUNSEL TO THE BOARD OF Ex-
CISE.
Much has been said concerning the true
meaning Of some Of the laws relating the disposition
Of the funds collected by the Board Of Excise and the
number Of claimants has been large that the matter
was referred to the Counsel Of the Board by the following
resolution
Resou,d Tb, the whole subject Of appropriations by The Leg
tre ofmon he paid from the Excise fund be referred the Counsel
for examination and report"
The Counsel said the resolution g not confined to the
passed the last session. and they be inter
the legislation 10 regard 70 the disposition OF the Excise
fund taken ogether Is SO complicated and indefinite as
20 be exceedingly embarrassing ana 10 render II prudent
II not Indispensable 70 secure the protection OF judicial
Interpretation. BY the original Excise act Of 1896 all
moneys received over and above the expenses OF the
Board 10 60 the Police Board q small
for the Iuebriate Asylum The laws OF 1861 gives
OF all license fees 10 the Commissioners OF Charities
and Correction, and they are authorized 20 receive
or dsorderly conduct IN the county OF New-fCrk
THIS provision does not relate 70 penalties and probably
does not Include an the fines The laws OF 1857 give all
license fees and fines which he collected by the Ex
else Board after deducting the lastmentiOned l2lOO)
"for the OF the Commissioners Of the Sinking Fund Of
said city,, &C. TO be applied by said Commissioners as
DC. Ten per cent also be deducted for limited
period expired. The act does make any DISPOSE
from the Excise fund 20 the COored Orphan Asylum and
the laws Of 1869 declare 20 be the duty of she Board to
Levy OF the laws Of 1863 provides that $4,000 shall be
pended by the Board for the erection OF public drinking
hydrants &C, in the city. Among the many other
purposes which the Excise fuud Is 10 DC devoted
the oOw wing, which may be claimed 70 affect refer TO
said fund:
james o. Industrial School $1,000 EewYo sssmens Association
this last be pad I'LL go
raised subscription the Cood Orphan Asylum 6c 5000
JavsHe Guardian Society, &C. $l00i she EswiorE opbbse
Hospital 6e 5000
In reference 10 these Eve appropriations the counsel
makes the following suggestions There Is great
for inferng from the language OF the act that he ns
tutOns named In these appropriations all located In
and exercise their benehcen functions for the good o.
the city and hence II would but just that the APP
preparations they receive from tho Excise moneys lie
wholly taken from that part collected within said city
Yet the Legislature. while thus appearingto know
the local character Of the benehciaries has not
charged the donation as 10 is charged In the succeeding
One) upon the New-YOrk City moneys alone. but upon
the Metropolitan Excise Fund he did not how this
Board avoid deducting them pro rata from It's entire
collections Hence other counties VIII contribute 10 the
New York eharAies II the Commissioners Of the Sink
ing Fund have any night 20 claim that the collections
made IN EewYOrk are pledged 70 them, why have not
tie Brooklyn Commissioners Of the Sinking Fund SINH
lar right Before the Board makes payment both bodies
should be notified. IL Is clear that the payments provided
for IN those five must be made 10 the State Treas
urer by this Board and not 70 the benecares directly.
The Board must be regarded having DO policy OF its
Own n the disposition OF the fund IA It's charge.
The Board must follow nearly possible the inten
tous Of the statutes aud IL must act the assumption
that they valid and binding according 10 their pur
port until SUCH time some claimant shall mterpOse
IN objection IN an authoritative form, the Cgmmis-
sOners Of the Sinking Fund Of RewYOTk Gallon the
Board " refuse " compiy With the clear provisions