New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-11
THE RAINES LAW IN COURI
ARGUMENTS BEFORE THE APPELLATE
DIVISION.
,osrp,, IT Cr4oaTE AND SAMUEL UNTERMfER
ATTACK THE ACT. AND ATTORNEY -"hNr"N"
,AxCoC1< AND JULIUS VI. MAYER


HANCOCK AND JULIUS NJ MAYER
SPEAK FOR IT.
ARGUMENTS in an important case TO test the
constitutionality Of the new Ranes Liquor lax
law were heard by the justices OF the ApPe""'e
Division of the Supreme Court IN thls Guy
Yesterday afternoon. The case Is that VI f. '"
Einsfeld who applied for license lot Ills
uouor-store AT No 60 Beekman-st.. for one
wear from March %. The Excise Board reiuSeu
IN grant the license, although admitting the
eligibility Of the applicant. on the ground that
the Raines law deprived them OF the power To
grant any license for a period extending beyond
April go Justice Pryor held. on certiorari pro-
ceedings that the Excise Board had acted prop
erly In refusing the license The appear llo'"
Justice Pryors decision brought the case before
the Appellate Division of the Supreme Court
MIR. UNTERMYER'S ARGUMENT
Joseph II. Choate and Samuel Untermeyer
presented the arguments for the appellant ana
the Excise Commissioners were represented by
Acknowledgement Hancock and julius NJ Mayer.
Mr. rntermyer. In opening the argument, said
that the applicant for the license had conpheh
with all the requirements Of the law ana the
regulations Of the Excise Board. and was eligible
in every respect. both in regard To ms character
and the fitness Of the premises hS apphca'io"
had been rejected because the Excise Commits
sioners had held that under Chapter liz OF the
Laws of 1896 known az The Liquor Tax Law.
they had no power 10 grant IL Tot the iu'i P'''''
OF one year. He continued:
tn. sole ground on which the appeal was brought
is that the Jaw in question Is unconstitutoh" us
constitutonaty is attacked on four separate
l. That II violates Article ?. Section - Of tho
Constitution in that It appropraisS pubic money iof
,.rfts.
passed by wo-ihlrds Of each iiouse eonsu,I,nS
the Legislature. The biz has no, h,'h suo'h'''''
1t ignores and violates the classification OF what
cons,i,m,i,n in that II attempts 20 set up cassi
fcation totally In conflict with that OF the 'onS'''u-
So far az concerns certain provisions in the BIZ
1t is a special city law. ana Whatever may DC W"
general Tenor OF the act. as to the amount OF taN
imposed and the punishmcn. In violation OF IN" law,
it Is essentially special Law. one making spr'al
each city has not Interests identical with The other
under Section u Of the Constitution should nave
been submitted to the Mayors OF IN. cites
1t Is tax mc1sure pure ana s.,npt' 49, no,
police Hesitation In fact, u 'aEeS vtsS,ng In the
department created with respect 10 his trahic
Excise IL takes away all existing discretion and
makes the grating % the license. WIN icw .Ncep
lions. an absolute right upon payment o' III" 'eq"'
site tax
Attorney General Hancock in reply said that
the principal objection to the new Liquor law
was that in regard to the apprC priaton features
OF the measure: that IA. that part OF the bill
which provided that two-thirds OF the moneys
collected should be payable TO the cities and
towns Of the respective localities in which the
money was collected. II was alleged that that
required a two-thirds vote Of the members OF the
Legislature. II that contention were true. II
the two-thirds cannot be paid to the cities and
towns 1t would be unfortunate for the cities
but 1t certainly did not necessarily follow that
the whole law was invalid: that Is. the money
would have 10 be disposed OF In some other way
by turning 1t over To the City Treasurer or dis
posing OF it by legislative enactment The
Court had held in regard to the Normal School
law N7th New-YorkJ that the appropriation
| feature was invalid and unconstitutional. but
that the general scheme would have to be car
| ried out.
AS TO PUBLIC MONEYS.
As to public funds and what public
moneys. he argued that public moneys were not
necessarily derived from taxation. They came
| from the foreclosure OF mortgages sale Of public
lands fines and penalties The collection OF them
| by the State did not make them public moneys.
| The Agricultural law provided that one-half Of
the money from forfeitures. etc. should be used
for certain specific purposes. and that the other
| half should be turned into the State treasury.
The Collateral Inheritance law provided that 8
| per cent Of the moneys collected should be re-
claimed by the county treasurers, and that 05
| per cent should be the money OF the State. In
| other words, the Legislature had from time to
| time declared what should be public money and
| what should not. The fact that the money was
| collected and on hand did not determine that II
| was public money. II tax Of $40 was imposed
on all sellers OF intoxicants. and It declared that
this money should be paid to the collecting off,
Ger. that would not be an appropriation.
AS to the point that there had been new
| classification, Article TO- OF the Revised Con-
| stitution. divided the cities OF the State into
certain classes for certain specified purposes
| the Acknowledgement said. and then provided
| what should be general laws and what should
| be special city laws There was nothing pro-
hibiting the New-York Legislature from divid-
| ing the cities OF the State OF New-York for
| special purposes. AS to unequal taxation. the
| courts bad repeatedly declared that the Legs-
| lature had the power to make urequal bur-
den Of taxation The remedy in such case
was with the Legislature and with the court
Mr.. Mayer argued on the same line as the
| Attorney General.
MR.. CHOATE AGAINST THE ACT
Mr.. Choate then spoke in behalf OF the ap-
| pellant. He said there three points on
| which ne desired 10 speak ANY one OF them
| seemed to him to be fatal to this act It's penal
| features reached all those who trafficked I'm
| liquor or had any transaction in liquor without
| paying any tax. and II because OF the
| absolute inequality throughout the State OF the
penalties inflicted. contrary to the Fundamental
rules OF the administration OF law. that very
serious point presented for consideration
| He continued
| Your Honors will find that man who sells liu,o,
on this side Of the Harlem River without paying {