New-York tribune., 1896-03-31
TO TAKE EFFECT AT ONCE.
THE CORPORATION COUNSEI,S OPINION
ON THE RAINES LAW.
POLICE EMPOWERED TO ARREST vIoLATORs OF
1.-THE EFFECT ON CLUBS AND "AIL
NIGHT PLACEs-THE POSTING OF
CERTIFICATES NOT NEcEs-
SARY TILL MAY

CERTIFICATES NOT NEcEs-
sARY TILL MAY l.
Corporation Counsel Scott gave an opinion yes
terday regarding the provisions Of the Raines
Liquor Tax law. in reply to questions asked by
Chief OF Police Conlin as TO It's enforcement by
the police Of this city. The Corporation Counsel
decides that as to IT'S general provisions the law
takes effect Immediately Those which refer TO the
hours prescribed by the statute when sales can
be made and to the prohibition Of free lunch"
and Of screens ground glass and other obstruc-
t!ons which may prevent the officers Of the law
from seeing II 1t Is being violated Sunday
and between and o'clock a. m. are to be en-
forced at once
The police Mr.. Scott decides, are empowered
TO see that the law Is observed and may make
summary arrests If they that the law is being
violated. reporting such forthwith to the
District-Attorney.
The Corporation Counsel finds that the posting
Of a tax certificate is not necessary until May 1,
1896 and that the law does not affect clubs until
the date named. "All night" licenses issued
before March % good until July l. 1928.
THE QUESTIONS ASKED.
Chief Conlins specific questions fol-
lows:
now in force that may require action by the police
ass Pq s'Rs'aE 70 HAss ssoh aS Psf in @
@ nG aTe ThR he 'hfy duties w Of the police under Sec
ton OF the act with especial reierenee & 10 me
SI be of "sS any its e
o m sny Ss otnsr s o the In s @
the police from making summary arrests Of persons
Whether Of arrest for vIO1asleG nd,as9
Of the same by statement under oath?
MIR. SCOTS REPLY.
Corporation Counsel Scott replied az follows
The act in its 4sth section provides that IT shall
toSs ia na sHsE, sHyhins the lines whcs
warrants the opinion that ns penal aha to- be eve
eepted from the operation of the 18th Section or
n oe oesraSe ms at IS
noted .s 90, 3, n,,cb Won refer in
your letter sts provides that 1T shall not lawful for
any corporation association e9partnershp or per-
S sSn sscSh wsiSh II IF OF %0a This s"s act 10 and
ts s ss1r s4 dr a. ese5s oT
in any quantity Of less than fye wine gallons at
psd ,%s NTH RGd Tsnp8 ne e :e one:
Saasslg Or f S any fss ps
drunk on the premises OF such vender or IN any
iSsDaatns ihsrsto or cOn1eced DDes" thsrewith
So much Of the b seGon ober ss pars Of % hs c did
opinion lion GO P9 s,sSns sss aons and r
soslassa tos it on voad af prohibit Al a
any persons until na tax GsTN'a prohb S ali such
,saHlc until Nav l. isas which under Section Y OF
s act ca to Be be pa de snd
That it is not the intention of the act thus 70 a6so
e sSown sOp by even he 81 section witch expressly su
srzss sGaTds q Szi,s
sRsss 1 % s s s9 %a's
force force ant at ns sna a'sSissd ncsdns he
The %anes % of the awu in
LIQUORS whch would Soed 1s seeaseq Were to be
deemed 10 be In effect
THE POSTING OF THE CERTIFICATE.
so far then as concerns the sale Of dealing in
liquor by unauthorized persons or corporations am
of the opinion that until May 1896 the possession
and posting Of tax certificate under the pro-
visions OF the present law are not requisite bnt
that the orly inquiry to be made by the police IL
whether the person corporation. II required 70
hold license under the excise law heretofore IN
force doe. In fact hold such license
The remainder of Section 81. including the SUBJ
division 10 which you especially direct my attention.
stands in my opinion. upon different footing
This portion OF the section specifies the circum-
stances under which it is unlawful in any event TO
SELL offer or expose for SALE or give away any
LIQUOR The lawfulness unlawfulness OF these
nrohbited acts is nc. affected by the possession
or possession of the evidence of right to deal
in liquors. whether such evidence consists Of
license or tax receipt This portion OF the section
is but ampiicaton and extension OF the secti9n
Chap 4Oi. Laws 1892. amended by Sec. g. Chap
$50 Laws 1899. ....,.. .,oaa,o,
by the act under consideration and unless so much
N n,s seeien eent 81 s With such repeal
restrictions would be removed such a construction
in mudh Of seeon M q as forbds certain things
done by any n naS such ax or
not now in full force and effect, This Of course.
ferred to by you.
DUTY OF THE POLICE
As 70 the duty Of the police relative to making
rests for violations Of the law committed In their
presence think there can be no reasonable doubt
Section "a Of the NewYork City Consolidation ACT
provides that "fhe several members Of the police
force shall have power and authority 10 Immediately
arrest without warrant and 10 take into custody any
person who shall commit. or threaten. or attempt
e commit in the presence go OF such me6e m or
prohibited by OF the Legislature or by any ordi-
It is true that h. provision is not Int. In terms re-
Of Section 81 evidently contempa,es and provides
for summary arrests by the police for violation OF
am therefore Of opinion that the members Of the
9cs s ct t0ffs tSat hey have had Under former laws to
without warrant persons who violate the law
Section however seems to imeGss upon A., the
members Of The police force nd sa M dues
law They must Immediately notify the District.
aS sy Tss '
the case Of every person arrested FOR ana charged
with n violation OF the Jaw
beg 10 suggest that you should consult the DIS
trct-Attorney as 10 the form and manner IN whch
such notification should be given.
ALL NIGHT LICENSES.
Since the foregoing opinion was prepared have
received a further request from you for an opinion
concerning what are known as all night licenses
BY this term | understand you to mean licenses
Rranted under subdivision OF Section - OF Chap
ter 4oi Of the Laws Of 1892. amended by Section
of Chapter $50 Of the Laws OF 1893
Such licenses termed In the act authorizing
then, additional licenses; they could be Issued only