The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-01-09
EXCISE IN HESrCHESTER.
Conflicting Bon rds and LEGISLATION Make n
tumble Of the Iicense business.
Excise isa discussed subject in wes'che'


Excise isa discussed subj ct in Wee; ches-
ter county, made 40 by the presentation Of
bill IN the legislature by Assemblymn SchicGe-
lin, ON Thursday, for the repeal Of the special
law governing the sale If drink in the county.
Difficulty arose in May, 1874, whon the Lczisla-
turc enacted the present excise laws Of the
state, md special law for West hester. he
latter en- ctmcnt provides for three IL -e Com
missouers IT, beappointod 10y the County Judge,
Ia essend lily diffe ent from the statctoe apply
ing to other counties in the STATE. and
Ia a reproduction OF tho law passed In 1857.
which regulated liquor selling for fifteen veara.
westchestcr lawyer, speaking oithe workings
Of the law said at has been subject Of dis
cussion among the LEGAL fraternity ever sin 90 II
was enacted. as 10 whether the county Hoard OF
Excise had right 10 aruut lioenses and enforce
the law. The law providee ~ : the board snail
be appointed Ivy the County Judge on the sec
could Mt be leaii board nm Il way,
County Judge clifford, ard he. appointed
Mc.srs. Horny y. Arcaer Of Yonkera, Alfred
Walker, c1-w rden o. sing Sing Prison, and
siin hi. board met aud granted licenses.
They were soon brought TO standstil bv the
Information tblt they were not q lcGal board
the year 1874 " was nearly free rum thrOuehout
tie county: Tue law paqscd for tho sever
towns In this State was considered 10 have no
eject ON towns In Weetchester county. Tho
facts pertaining To the passage ~ this gencr
law are also Of All cxtr ordinary nature. IL pro-
vidcs for tho election ~ three commissioners
In each town, al the annual election. who shall
discharge tho duties imoosed upon the Board
81 Excise COMMISSIONERS that acted under the
law OF ITO Inc law for Wcstchceter county
was IA sed NV 0, 1874, ard assigned e. chap
ter ~. Chapter "a IL the general law for
the state. II ~ printed as Passed May 4.
1874. thiec-hiths being present. Chapter i3
on the preceding page, was Iassed MAY II, and
D.
tooxplain the incongruity Of law passed ON
the Glh comine In between those pissed on the
llth ~ q l2th, q notation e added. witch reads {;
'Cuauier assigned to this act nj the Executive
Cnan. ter, and aci received I and depnsite1 N
the ohicc Of the Secretary OF state NAV ~, 1874
Thia notation looks ~ " II was ncccss ~ to OK
vi IN he assignment Of the chapter to the neg
ugence OF Coy. DIX Ia signing tue bill. The true
facts ate said to he that the hili was sig ed 10y
Gov Dix on the ilth, and scnt into the ofhce "
tue secretary ~ state on the l3th, aud by some
hOcJs- FOCUS The date wis changed from the llth
totrc 4'h. Gov. DIX invarinhiy m de the figure
four with the frat stroke from left to irht, ~
the shaoe OF the lower quarter y ction ~ a cis-
Gle, and the second strukc an Inclined line
through II. The figure four IN the original Oil
has been examined with microscope. The hg
from eleven To four nv sinI " extending the
lcngi uf tue downward line on the right, aud
drawing horizontal tine from the base of the
lett hne T. and Through tue rivht 'ine, making
nearly right angle u The left -tsuke."
Ths explina,un was Arco npanl "a by illus
traton', ana the 'wNer continued III tue
general law took effect on the llth instead II
the an, II would have precedence over the
special law. and therefore IL IL claimed that "
the facts e. uld hc brought out N IN investiVs-
ton the law FOR Wcstchesler county would
ihr suncfSi-or- OF is7i asked the LEGISLATURE
to repeat the law. To counterart the effects Of
tue law shdp nr!csct w. used Ia several
towns. Tue town Boards " Excise, consisting
ut Suporvir r. and Juafic'e u the Peace. mad
acted under tho law Of 1870. Under that law
the Supervisors and justices Of Greennurgh,
Mhne Poin, hastchester, Pelham. Re w
Rochehe, Mamaroneck. and smaller town
snip~, granted licenses on the first
fare the resnponiment ~ the Comfy Ex-
else Commnd4-ioncrs Nv Judge G'rord. the
Count, BOARD met In White Plains last NAV. and
grated li'ouscs IN such townships ~ had not
elected Town Bo,r-. The most important VII
lccsrkill. aud katouah. The Co uty Board in
last June published declaration that thes
liquors ~lthout license from them. several
SUITS were commenced, but not pressed. he
cause ~ dls greemUnt about an amendment to
The law. lhis amendment stys tnat fines iW-
posed snail he recovered 10y thr Overseefs ~ the
Poor. RMS point MA recently ucCn brought ne
Hoard bfpush; IN action asain.t i've liquor
dealers. lneir defence was that nilv the Com
missioner Of Cnariues was authorized tn sue,
ana tnat toe Nv OF lsip' winch governs tue
Town boards, directed tn,t all Ex Use 30 ri for
fonkerr SHOULD nc a pointed by the Mayor.
decision nas not been rendered
Inc money collected by The Town and County
rds has lsO been suDlect Of controversy.
The law under which tho Towns Il cards acted ui-
rect- mat me money received shah Oe p.id Ia
the County Treasurer, /, be Xpcnded under the
direction of the Board OF Supervisors for the
sup ort of the poor Of sucn towns" ihe boards
have p-id tie money 10 supervisor To be held
until the validity II the law sac Id be tested, or
have tHem-ciNea expended IT fur the sup o I
OF the poor several towns were tod
nytneir lawyers that tue town boards
had no loeh existence, and that TIE
| money ought To DO returned to the pers ms "a
| whom licenses had Oeep granted. Inc people
| Ia general seemed tn be : 4 sned with the Town
! Boards, and tue iquoi sellers satisfied with d
! licen- from the.n; 50 tho money mas NO, been
! returned. the County Board granted lb H.
| ceuHC= nine towns and collected $iSil.j0
| Ihvy have audited their uwn bills ana turned
| the tes. into the county treasury. The Super
yisors have asked them to make n formal re-
port, aud PASSED resolution u raise 5000 as
| poJI fund On tbs credit OF TIA coauty IN antici-
| patton of the tx 90 be collected.