New-York tribune., 1890-05-29
POLICE AND THE NEW LIQCOR Law
ATTORNEY-GENERAL TABOR's OPINION AS TO
WHOM 1T APPLE, TO-CASE OF THE
MAYOR OF FL,NfIRA.

Albany, May 23.-Secretary Of state Rice since
'hc law which placed upon the statute BOOKS by
the last Legislature making it unlawful for any eX-
else commissioner. or inspector any public com
missioner other subordinate to be interested in the
Manufacture sale Of liquor took effect. has been
burdcncd daily by the receipt Of a large number OF
letters kilograms from officials all the state.
requesting him TO interpret this Law for them. lie
sen; letter to Attorney General Tabor, accompanied
by nine questions covering the disputed points in
quired about, concerning the law. This law was
passed 81 the request Of the wholesale liquor dealers
of Ncw York CITY, and wa@ designed 10 put an END TO
the sale by police officials. by threats Of arrest if
saloon keeper, did not buy certain brand Of whskey
in which they we're interested. But the law is gen
cral and has created great deal Of confusion among
officials throughout the state.
In answer Ia the first question Of the secretary OF
state ~ to the con>tItutonality OF the act the At
,orncy General say, he cannot see. IN the light Of
several decision, which he quotes, how the hw can
he said 10 be unconstitutional. lie does not think
the statute applies sherirS. their deputies. town or
game con,tahcs justices OF the peace Of towns. but
the law does apply the presidents and trustees Of
VILLAGE, and police justices and police constibles OF
cti., and villages. With regard u mayors Of cities
The Attorney General think, that it would be necessary
to examine the different ciiy charters to determine
whether tho law affect, them. II any mayor Is al
the head OF the police department of the city OF
i> an cNOficio member Of the Police Board ne
NAV obey the new Law The Attorney General
c;cs the case of the Mayor OF Elm!ra The Elnlird
charter make, the Mayor a member oi the foI'e
Board and says il shall consist of Mayor and four
police commits ,iOners There Is no DOUBT. therefore,
in the Attorney Generals mind tIat the Mayor ni
Elmira comes under the operation Of the act; IM'
Is an Interesting decision. a, the Mayor OF tinllrd
II is aid has been for wears agent for brewing COM
pany and ha, obtained legal advice that the statute
does alcct hin. ,,
I'm answer "a the question as 10 whether a failure
IN file I'M, required oath does by Itself Nacate the
fc the Attorney General holds that 1t does and that
the person 50 falling would seem 10 be di'quahned
from holding the Office. But the Attorney HencraI
/, not qu.te certain this point. The question ne
SAYS Is not entirely free from doubt and VIII probaDI!
Ina, to hc BY tn" courts II tho Office Is not
vra"d fu,O ftcto he that hc 4 OK the OPINION
that the oath may hc taken and hlcd after the thrty
daV. and before vacancy mas been declsred by
Judgment OF the custer. , ,t,-
4, - the method of ou,iine an officer VINO fais
to take the oath the Attorney general says he WOULD
have to begin a quo warranto action against MIN.
I'm addition the loss OF the Office. upon CONVECTION
the Attorney General seems 10 hold tAlt tlc saity
Official Is, under section 1jj Of the Penal Code guilty
Of a ml,dcmcanor.