The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-29
TIE rOAI,E nniSnEr BILL
Attorney General Tabor InterPreta it for
Inquiring Onci"is All Over tho state.


Inquiring Omcinls All Over tho state.
ALBANY, May 2s.-Secretary OF State Rice
since the law, making 1t unlawful for any Excise
Commissioner or inspector. or any public Com
missioner or other subordinate. to he inter-
ested In tho manufacture or sale OF liquor, took
effect, has been burdened daily by the receipt
OF large number OF letters and kilograms
from officials all over the State requesting him
to interpret this law for them. He therefore
sent q letter to Attorney General Tabor. &C.
companied by nine questions covering the dis
puted points inquired about concerning the
law. This law was passed at the request OF
the wholesale liquor dealers OF New York city,
and was designed to put an end to the sale by
police officials by threats OF arrest II saloon
Keepers did not buy OF certain brand OF
whisksy in which they were Interested. But
the law Is general and has reated II great
deal OF confusion among officials throughout
the State.
IN answer to the FIRST question as to the con;
stitutlonulity OF the act. the Attorney General
says he cannot soc, in tho light of several de-
cisions., which he quotes. how the law can be
the statute applies to Sherifls. their deputies.
town or game consables, or Justices OF the
Peace OF towns, but that 1t does apply to the
Presidents and trustees OF villages and Police
justices and police onstah les of cities and vii
agei tbs M latter @p4i9n Is based on the be-
only that kind of police which has grown up
under our system OF government and not to
With regard TO Mayors OF cities. the Attor-
ney-General THINKS that It would be necessary
to,eXamine the different city charters to deter
mtne whether the law affects them II any
Mayor is at the head OF the Police Department
OF the CITY. or Is an eX-ofllcio member Of the
Police Board he may obey the new law. The
Acknowledgement cites the case OF the Mayor
OF Elmira. The ElmrA chatter makes the
Mayor a member OF the Police Board, and says
II shall consist Of the Mayor and four Police
Commissioners. There is no doubt, therefore.
in the Attorney General & mind. that the Mayor
OF Elmira comes under the operation OF the
act The Mayor OF Elnira. 1t is said has been
for years agent for a brewing conn any, and has
obtained legal advice that the statute does not
affect him.
In answer to the question as to whether a
failure to file the required oath does by itself
vacate the ONCE. the Attorney General holds
that It does. and that the rerson so failing
would seem to be disqualified from holding
the Office: but he Is not quite certain on this
point. Tho question, he says. is not entirely
free from doubt and will probably have to be
decided by the courts. II the Office 10 not
vacated tpso Jdcto. he says that he ia OF the
opinion that the oath may be taken and fled
after the thirty days and before vacancy has
been declared by judgment OF the custer. As
to the method Of oustinE an officer who
fail to take the OATH the Attorney General
says he would have to commence q quo udJ-
rdntO action against him. In addition to the
loss of the office. upon conviction. the Attor-
ney- General seems TO hold that the guilty
official Is, under section 1855 Of the Penal Code,
guilty Of misdemeanor.