New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-29
CHARTER PATCHWORK.
THE EXCISE BOARD IN A orrANDARY.

THE POLICE BOARD TO BE REQUESTED 10 EN-
FORCE THE EXCISE LAW.
The departments of the city government
have one after another suffered great embarrassment
from the plumbers made by the last state Legislature
No the new charter passed than the de-
ncieDcies were perceived; city officials hurried 10
Albany and pointed out the complications which would
arise IL the enactments were left they were
passed: and mp to the hour of Its
adjournment the Legislature was kept busy
making amendments TO the charter The patchwork
was not complete, however, and almost every depart
ment since had its powers in various respects DIS
pued and the Commissioners have often been In doubt
whether they had the legal authority TO perform certain
duties Of their predecessors. Tie last complication
yealed has been discovered in laws relating to
Excise Department.
A. J. Roe Qounse to the Excise Department. called
upon the Commissioners Wednesday, and informed
them that In looking the acts passed by the last
Legislature its closing session. he had discovered
law which he feared would materially restrict their
powers The Legislature had doubtless passed the law
without knowledge as to is force, and without any in
tention OF limiting the powers OF the Excise Depart
ment and the Governor had appended his signature in
a like manner. The strange law was passed by the
State Legislature on the last day of its session, and
received Gov Dixs signature on juno a. II reads as
follows
Cbapter s2i OF the Laws OF 1873 is amended to
cent those provided for by sections Is and 49, shall be
sued for and recovered In civil action IN the manner
the name of the Of the Poor OF the town in
which the alleged penalty was incurred ana he amount
so recovered when collected. together with all the costa
of the proceedings for SUCH recovery and collection
shall within 80 days after such collection be paid by
he ocer or party recovering the same TO the county
for the support of the poor OF such county, except
otherwise provided by law.
Nv the massage of this amendment Section ?. Of Chap
Ter s2s OF the Laws Of 1857 is feared rendered void
ada oaf
The penalties imposed by this act.exeept The penalties
provided by Sections u.s. and 49, snail De sued for and
recovered IN the name % the boara OF EXCISE 0om Us
oners and paid over 10 the treasurer OF tue county Tor
the support OF the poor of the county.
or the sections excepted from the operation Of the
amendment the reserved powers are as follows Section
IS empowers a magistrate to fine liquor dealers $40 on
the complaint OF father that liquor has been sold TO
minor: and Section 10 prohibits the sale Of liquor to
drunkards after the dealers forbidden by police
magistrate on the complaint of a husband. Mr.. Roe
stated that the effect of the amendment II it were
jndged TO affect the Excise Department Qf this city.
would be 70 deprive the Commissioners OF the right to
sue in their own name, saoon-keepers for fines and
penates inflicted for violations Of the Excise law.
The amendment contained one provision, however, by
yhich this power might possibly still DO preserved 1t
gave the right OF the poor to offenders
against the Excise law. The Commissioners OF Char
titles and Correction undoubtedly performed all the
duties OF Of the poor and If they could legally
be termed such they would have the to sue the
liquor dealers The Excise Commissioners then could
either furnish list Of the offending lquordealers to
the Commissioners OF Charities and Correction, or could
obtain permission to prosecute in their name-a perms
sion which woudidoubtless be at once granted
The Excise Commissioners were greatly astonshed 10
hear of the existence of the amendment referred to- and
asked Mr. Roe by whom the had been passed In the
State Legislature. He replied that he had not yet
traced its authorship but that he deemed 1t was passed
without any intention Of deprying the Excise Depart
ment of its power to The amendment was probably
introduced by some country member OF the Assembly
through desire to remedy an injustice In the original
law That law commanded that the Boards OF Excise In
a town should consist OF the Supervisors and
the Justices Of the Peace 1t was plainly unfair that
Justice OF the Peace his capacity of Excise Comms-
soner should order the arrest Of liquor dealer, and,
upou his capture assume the Office of magistrate and
try the offender. The amendment was intended to
transfer this power OF suing from the local Boards oil
Excise to the Overseers OF the PoOr Then after tho
Oyerseers Of the Poor had thought best to bring suit
against the liquor dealer who had broken the Excise
law the Justice Of the Peace could with fairness preside
at the trial OF the
The Excise Commissioners, after careful examina-
ton OF the laws relating to thor department, told Mr.
Roe that 1t was their belief that the amendment he had
discovered did in the least abrdge their power to
sue and penalties and fines which they might
inhict upon liquor dealers 1t plainly not the in
tention Of the State Legislature to deprive
them OF this power, and If the matter should
ever come before the courts the judges would
decide according to the intent OF the law.
Nevertheless there might be mistake concerning
the effect OF the amendment 10 the Excise law, the
Commissioners ordered Mr. Roe transmit copies OF the
law and its amendments 20 the Counsel TO the Corpora
ton f. Deafeld Smith, and obtain his opinion whether
the Department still possessed the power to Mr..
M has nOt
had time to examine the subject carefully and will not
probably report the Excise Commissioners the result
OF his examination until tomorrow.
Mr.. Smith will consider at the same time the question
whether the Commissioners OF Charities and Correction
can legally assumed to be overseers OF the poor and
whether they can the liquor dealers under the
amendment. The Excise Commissioners confident
that the amendment has effect aud assert that even
if it depriyes them OF the power to sue
the disobedient liquor dealers by fine they will still
have power regulate the liquor traffic. Section 10
every sheriff. under-sherf deputy.sherif, constable.
marshal policeman officer OF police arrest all who
violate the Excise Law Accordingly even II the Board
OF Excise should DO deprived of its power to punish
offending liquor dealers by civil law IL would still be
in their power to punish BY criminal law.
the liquor dealers in the First Second lThrd Fourth.
lower wards Of the city All ofthe Where
propretors have received licenses have been inspected
fn.Te and thirdly By the Excise
soners Great has been taken not to grant licenses
to any saloon OF disreputable character and 1.-THE
delay complained OF by some hquor-dealers in
the granting of licenses has been solely due
TO this course Daring the current week the Excise
Commissioners will forward to the Board of Police
complete list OF the liquor dealers lower part OF
the CITY who selling liquor without license, and
will request that the pT0pieors shall be arrested. Po
lice Commissioner Henry Smith, upon being asked, yes
terday afternoon, what his course would be upon the
presentation OF the list OF the Excise Commissioners TO
Board OF Police, stated TO TRIBUNE reporter that
he would Opposes Wholesale arrest OF the offending
liquor dealers The Board OF Police could not
be used work which belonged TO the Excise Board
itself IL the Excise Board should obtain warrants for
the arrest OF the liquor Dealers OF the police
would obey the order The Excise Commissioners state
that they will make the Board OF Police and possibly
Sheriff Brennan responsible for the execution OF the
law. Public opinion will be- relied upon TO compel the
polo TO ,,tflI Hrtta