The sun., 1873-08-28
THE EXCISELAW ANULLITY
WHY THE UNLICENSED DEALERS
ARE NOT PROSECUTED.
Incorporated cite. without the Power of
Punishins Anybsdv for violating the Law
A Discovery Lstc IN the Day.

Incorporated Citie- without the Power Of
Punishins nybsdv for violating the Law
A Discovery Late In the Day.
The new Excise Commissioners are pro-
crossing slowly. The number OF the places
licensed by tho old board was $500 and over.
Applications to the present Commissioners
reach the total OF $500 and less than loo licenses
have been granted The applications are enter
taned as they come from the police precincts (;
thus the First, Second, Third, Fourth, and
Twenty-seventh Precincts, or the western half
OF the First Ward, and taken in succession, have
received the first consideration.
About 200 applicants have been refused, 10 be-
ing from the Fourth Ward. There are many
licenses which were granted by the late board
that have several months TO run, and the new
Commission Ia empowered to revoke them for
cause, itself Judging whether the cause is suf-
ncient That the work OF granting permits has
extended no further than the Twenty-seventh
Precinct IL probably owing to a defect In the
law. The Excise law of 1857, with amendments,
is still In force, but one OF the amendments Ia
such that the law Is said to be practically in
operative.
Section %, Of the old law, gave 20 the Police
Commissioners the authority to prosecute such
violations. The section as amended reads az
follows The penalties imposed by this act, ek-
cent those provided Tor by seCLlOut ~ anu 10.
snail be sued for and recovered In cvll action
in he manner provided by law Tor the recovery
Of penalties, by and In the name OF the over
seers of the poor OF the towns In which the
alleged penalty was incurred, and the amount
so recovered when collected, together with all
the costs Of the proceedings Tor such recovery
and coIlectiun,shall within thirty days after such
collection bs paid by the Onicer or party re-
ceiving the same to the County Treasurer Of the
| county, for the support of the poor Of such
county. except as Is Otherwise provided by law.
section 10 relates to giving Or selling liquors
tn In IA m
section " relates to tho giving or selling Of
intoxicating drinks to awife, husband, or minor,
after notice has been served upon tue dealer
fOrbidding it,
section y ia deemed as directly applying to
those violating the law 10y selling without license,
and IA the power To prosecute Is delegated 10
| the overseers Of the poor only, IL Is question
among lawyers whether IL applies 70 any Guy
tended to include Incorporated cities as well as
| towns, but having made provisions Tor towns
| having overseers Of the poor only, Incorporated
| cities seem to be excluded from the general
The Excise Commissioners say that their at
| torney thinks that the law Ia lioera enough to
| accept the Cummi-soHers OF Charities anJ Cor
reutiun the Oyerseers of the poor, but 1t Is "a
| question with other lawyers whether by the
strict iLterUre etaiiOu OF the letter Of the law the
| Commissioners can be termed overseers Of the
| poor. Counsellor Koe of l51 broadway, Alder
man CoOper's partner, Is attorney Tor the Excise
| Board.
opinion that the law II defective; that tue Con-
fnlssiOners Of Charities and Correction cannot
| legally be recognized as overseers Oi the Door
| and tnat consequently there Is uo properly con-
stituted authority To prosecute Tor this speClnc
violation OF the law. IL u somewhat curious
| fact. IN connection with this subject. that the
| extracts from the law wuiCh are supplied to
! applicants for licenses do not contain sec
| tun -.
Furthermore, 1t is well known that, although
| hundreds are selling liquors without license, not
one has been prosecuted. No printed copies of
| tue law are To be found excepting one ia Mr..
| Hoe r Once. the Excise Commissioners having
only a written copy.
| Ihe Impression among the best Informed Is
that the cities IA this state are without law to
| prevent the sale OF Intoxicating drinks, ami
| those Interested IN tine subject loOk forward
! with much anxiety to the construction proper
! tribunal M ay give to section -.