New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-22

sECTION-THE POLITICAL POWER VESTED IN
THE HANDS OF THE CoMMIssIONER-How
THE PROVISION FOR EXCISE TAXA-
TON WILL AFFECT PARTS OF
NETWORK CITY.
Tho 1,nuor Tax law. commonly known as the
po,nes hill which recently passed both branches
=, the legislature under extraordinary pressure.
Contains many peculiar and striking provisions
some of which have received little attention.
Came Of these are radical departures from the
rho]e policy Of excise legislation in the past anu
.,hers are inconsistent and contradictory. so
that they will be difficult Of explanation or en-
.,-,snent. Instances Of unfair distinctions be-
,ren various classes Of persons interested III 'he
uouor traffic arc also frequent. The bill was
80 r,i,bou. drawing the attention of the pub
liz IN the debates in the Legislature TO some Oh
.,... naculiar provisions of the law. Some or
.,s most marked Of these peculiarities may De
,o,,tad ont in al, examination Of the Dill by
sections
MEANING OF LIQUORS.
The term .liouors' IL made TO include ana mean
COLL distilled or rectfed spirits wine lerihel'eu
.s u,o,t uouors" In all previous excise laws
IN this State. strong and sprituous Nquois 'a'
n.or a,s+,neuished from wine, ale or beer. Ihe
,,onarv as meaning especially spirituous or dis
49,, -. y. distinguished from fermented bev-
aragas as wine and beer although the "ldef
-.oer,ro q, "any intoxicating beverage Is ire
,.,,, ,.ed Hinder decisions Of the courts con-
.,,,,, nrevous laws only the sale OF lhloAi-
oo,,,, uonids was forbidden. and non-intoxlca'iiAe
- o. ,ra.e might be sold Whether the cha"ee
an the definition of the stronger liquors iI''''
"strong and sprituous liquors 10 ols'Neu "a
rectihed spirits will cause any dlincuHy III e."
,orc,ns the law. must be left to the courts pu'
the apparently needless change IN the expression
will probaly lead TO confusion.
The word Association Is denneo aS any
combination Of two or more persons "o' ''.
cornorated nor constituting partnership
49, r,ords "corporation" and association
which are used throughout the act lhciuoe every
bind NJ club. so that every social, politicai or
n,h.r Climb is forbidden to sell liquor without
uc.rsa Even with a license no liquor can De
.arrad m Sunday nor between and O'Clock
4, tho morning nor near the polls on Election
Day.
Tho nrovision in the fourth section for
.or.,,rance NJ licenses is so awkwardly worded
that II is difficult TO ascertain its meaning II
~ .Everv license heretofore lawfully
granted nv a Board of Excise. which Is valid
when this act takes effect, shall be. and remain
valid for the term for which 1t was granted
except as herein provided, unless sooner can
celed under the provisions or the Id" unuei
which Il was granted and the rights and liabili-
ties Of the holder thereof during such term
shall be governed by the laws in force imme-
datelv prior to the taking effect Of this act
excen. az otherwise expressly provided In this
act but such license shall cease. determine and
be void from and after the thirtieth OF June
eighteen hundred and ninety-six.
LIKELY TO GO TO THE COURTS.
Holders OF licenses under existing laws VINO
cannot obtain renewal from the new o'a'e
commissioners will probably seek 10 OBTAIN
construction Of the law allowing them 10 co"-
tinue to sell under their licenses Tor the term
for which they were originally granted, as al
lowed in the first part OF the sentence 'houei
forbidden in the last phrase.
The reports asked for In the fifth section from
the existing Excise Boards before April 10 must
be made so hurriedly that in this city at least
will be difficult to prepare them In the re-
CURED time though failure TO do so Is punish
able by heavy fine.
The establishment OF the great state machine
for carrying the law into operation Is proVioeo
for IN Sections G, Z, g. and 10. one OF the iho~~
remarkable features of the provisions relating
TO appointments is the extraordinary Po"ei
given 10 the State Commissioners of Excise. SAL
aries bonds the number and grade Of subordi-
mates. and other important matters which are
Usually fixed by legislation are In the Instance
OF this Commissioner regulated by single IN
divduaJ The salaries Of the deputy commits
sitrer. three special deputy commissioners OF
the special agents and Of the secretary anu
financial clerk are determined by law. but all
others are dependent upon the will OF the COM
he DhraSeS THESE.
The Commissioner may also appoint such clerl-
ca force in his Office may be necessary, the
commissioner shall appoint in the office or each
OF such deputies, such clerical force as may DE
necessary. or as may be provided by law. Each
u such deputies shall be furnished with an once
ana furniture. fixtures and appliances therefor !
DC may be necessary" Each special agent be- |
soes salary receives "the necessary expenses |
incurred In the performance OF the duties OF his
ONCE There is no limit to the expen.es except |
The will Of the Commissioner. as he may construe
the word necessary" to suit b,s own ideas.
THE COMMISSIONERS POWER.
The power OF the Commissioner IN IN. desig- |
mating and appointing Of attorneys is one of the |
nus. powerful instruments ever placed in the |
Janus Oh single individual, II he chooses to use |
'or pontcai purposes. He may designate as |
many attorneys as he may choose. TO act with
.peciai deputies or special agents in the nrosecu-
svn Oh pending proceedings he may appoipt an !
""ey IN any county to act with the snec,aI
.pu'y' special agent. OF county treasurer In
prosecution or defence OF any action mr. rro-
S1'"s Drought under the provisions ~ tho 90.