New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-18
GROCERS AND THE EXCISE
AN OPINION ON THEIR RIGHTS BY 1hh
CORPORATION COUNSEL.

rx,r tn .nrsMrS IF LICENSED TO SELL LIQUOR
caNNor KEEP THEIR PLACES OPEN ON sun
DAY. BUT CAN ENTER THEM TO Oh
TAIN GROCERIES FOR CUSTOMERS
rornoration Counsel Scott sent another ie'ter
e. r,h,ef of Police Conlin yesterday on the
subject Of the Raines law. Yesterdays 'e''er
touches the right Of grocers who hold licenses
"a sell liquors to keep their stores open o'
Sunday for the sale OF groceries o''''
Chief of Police had asked II grocer "oo'u ".
deemed guilty of violation OF 'he NAMES
AZ ne should keep his store open LOT '"e '"i.
vrocer,es only on Sunday until 10 a. m; IL he
shou,d kcen his store locked during the hours
when the sale Of liquor is foroiddeh' pu. WIZ,
called upon by a customer. should uh'oc"' a"N
onen the door temporarily, and either 20 III nm
self or send his employe into the stoie ''e''
for the purpose Of obtaining groceries io' NC
,,,,sr, 20 the customer, and If he should open
his store in the forbidden hours merely AZ, nv
-,,rnose Of obtaining and delivering milk 10
his customers , .o.
p.n,v,ny the CORPORATION Counsel wrote:
s.o,,or 2, of Chapter l12. Laws OF 1885 CRANES mes
law is very stringent in ITS PROVISIONS rohbited
opening and keeping open bS Surl aaor is Rabituay
Vent or sold Subdivision Of that sec,,oh ana or
unlawful to have open rset or alIey yard hallway
co,, or adjoining premises Of the room or Ioo NE
,vhcrein liouors are sold kept for SAFE ouiis M
hours when the sale of liquor Is lorpiuuen, az
whan necessary for the egress or lhsIess v. ~
rersoo or members of his family Tor purposes ho'
forbidden by this act .,,,, ,,,ou,d absolute ely
Strictly applied. this SUBDIVISION wouu Surins
,,rnh,hi, the keeping open for any purpose
~ nrohibted hours Of grocery store III J" M -
fir,,or, is kept and sold. 1t would NOT noweael ~
ror "a this particular act Is concerned III my Oph
tor render II unlawful for the keeper % SUI
Crncerv store TO enter the same, or 10 penny men ~
S.rs ~ his family to enter the same LOT l,e soo
rs,rnose Of obtaining groceries other than !Iquu,'
Sor delivery to customers, since that is not pui
p0S course YOU will readily understand tnat inc
ree son why the act made so stringent rssPea
ing the keeping open Of a place during pronio,.eu
hcurs was TO prevent attempts 10 deIeat me Iaw
under color of performing lawful acts anu ~ IN.
renure some exercise Of judgment and discreuon
on the part Of the police to so enforce tne "a" as
to carry out intention and at the same tme no,
at onnressiyey toward any citizen engaged III
lawful business. ,...,. 80 o.. u,h,cb there
.nnears to he a doubt should advise you to direct
vonr oflcers to submit to the District-Atorhey py
sSsdavit the facts which have come within their
obseryation and which have raised suspicion ~
their minds as to the bona fdes OF the person sus,
nected in order that the case may De investigateu
and II necessary prosecuted by the District-Ator-
new through the medium Of the Grand Jury: ~
course where a clear evasion or violation OF the
law is observed It will be the duty OF the police 70
interfere at once, but in any doubtfui case thhk
the safer course to pursue would be the one sug-