New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-01
FAKE" CLUBS TO BE CLOSED.
COMMISSIONER LYMAN is GOING TO
PROSECUTE THEM
RAINEs LAW HOTELS ALSO TO RECEIVE soME
ATTENTION AN IMPORTANT DECISION
WITH REFERENCE TO LICENSES.

WITH REFERENCE TO LICENSES.
cial clubs which have been incorporated with the
Secretary OF State since the Raines law has been in
force will be exposed by Investigation con-
Quoted by the State Excise Department. These
clubs formed either TO evade paying a liquor
tax or to enable saloonkeepcrs to sell on Sunday.
From May to August 1. 1895 there were incor-
porated 17s clubs. while during the same period
this year the number Of clubs Incorporated aggre-
gated 4 40 Some Of these clubs. OF course are
bona fde organizations. Seven-eighths OF them.
however. were established with the sole purpose OF
getting around the provisions OF the Raines law.
Nearly all OF these clubs are In NewYork and
Brooklyn while about seventy-fve have been in
corporated to operate IN Buffalo and few in the
other cities Of the State
Commissioner Lyman has had inspectors looking
into the operation OF these clubs. They find that
many OF them In rooms over saloons, having
tho saloonkeeper as president OF the club. the bar
tender for secretary and the lookout the third
incorporation. These clubs were organized for the
sole purpose Of enabling the saloonkeeper to sell
LIQUOR Sunday. by removing a portion Of his
stock of liquors from the saloon to the cubroom
above on Saturday night. The clubs do business
only on Sunday and during other prohibited hours.
The lookout at the door IL the authority who
passes on the eligibility OF persons for membership
and only such persons he thinks all right
are admitted. OF course. he knows the regular pa
irons OF the saloon. and they have no trouble in
gaining admittance TO the clubrooms
AS soon all Of the special sixty agents are ap-
pointed Commissioner Lyman will begin a thorough
investigation Of these clubs. and he is determined
that they shall be weeded out and their promoters
punished The Commissioner has been giving SIM
liar attention to men who have established fake"
hotels so that they may sell liquor Sundays with
alleged meals. Such violations. however not
nearly as numerous he supposes the clubs to be-
County treasurers have option but to issue
liquor-tax certificates where the applications are
made according to law. This Is the decision con-
taned in important opinion received by State
Excise Commissioner Lyman to-day. 1t was writ
ten by County Judge Longley. OF Columbia County
in certiorar proceedings instituted by James Hart
gan against Treasurer Macy. OF that county. Judge
Longley's opinion says:
The question with which am confronted Is this
has the County Treasurer any judicial or discretion.
airy power which authorizes him to refuse 10 grant
a certificate In case where the preliminary statu-
tory requirements have been compiled with? II seems
to me that the scheme OF the statute discloses no
purpose the part OF the Legislature to clothe
county treasurers in this matter with other than
ministerial powers think that the necessary facts
entitle applicant to receive tax certificate
are be presented to the County Treasurer by the
sworn statement of the applicant contained In his
answers the statutory questions In the printed
form Of application: that the County Treasurer Is
required before issuing certificate to examine the
to make a case for certificate to issue all
there and formally and correctly made. and that
when he finds the application correct In form, and
receives from the applicant sufficient bond. to-
eether with the amount of required, he has then
no alternative but to obey the explicit command Of
the statute and once. without waiting for or re-
ceiving further subsequent information. issue his
certificate.
This decision IL in harmony with the Interpretation
placed by Commissioner Lyman the law, but is
the first decision made by court on this point