New-York tribune., 1896-04-02

tho provisions of that law. and whether sucn
license was declared by the Legislature 10 CONS
under all the penalties and conditions OF this s'ao
Justice Beekraan asked II there was SAVING
clause as to viola tions under the old law Mr. oh'
termyer replied that he had been asked by certain
salooukeepers and by the Brewers Association 10
advise them on the question. and ne had adViseu
them that Section 81 Of the Ralnes act did not apply
to unexpired licenses. That section provided that
a saoonkeeper should not give away 1ooo WIN
Inuor should keep his screens up during prohibited
hours and should keep closed on Sundays. IL the
new act held that a person acting under an oio
license was liable to be brought up under that act
he would actually be liable to conviction for two
offences one under the old law and another under
the Raines act, which would be unconstitutional
How could man commit two offences OF that
knd?" asked Justice Beekman. The new act re-
peals all the existing law
Mr. Untermyer said that the Raines act provided
that every license now existing should continue un-
I'll cancelled until 1t expired, should Its expira-
ton occur before June 49,
Assistant District-Attorney Mcintyre, VINO ap-
peared in opposition, asked If Mr.. Untermyer wished
Justice Beekman to pass upon the consttutionality
Of the Raines act.
NO" replied Mr.. Untermyer. We only claim
that the rights existing when the Ranes bill was
nassed are still unmpaired and that all prosecutions
until June 30 should be dealt with under the old
law"
"Tben vour contention" said Justice Beekman.
'is that the Raines act in no way operates against
existing licenses"
Except that the new Commissioner of Excise
now possesses all the powers of the Excise Boaro
as to granting licenses" said Mr.. Cntermyer.
Mr.. Mcintyre said that the prisoner was charged
with giving away a luncheon with liquor. which was
a violation of the Raines law.
But" said Justice Beekman. Mr. Untermyer
holds that the provision does lot apply 10 the pris
oner, as his license existed when the Raines law
was passed"
Mr. rntermyer then called attention 70 the fact
that the penalty under the Ranes law was twice the
amount of the tax certificate s6OO and that this
penalty could not be inflicted In the present case
as the prisoner did not hold tax certincate there
being no such thing in existence at present; II,
said the LAWYER THE authorities going to deal
with US in this way, everything Will be in intermn
able confusion say the intention on tne lily, hgw
law Is To get rid Of al existing licenses as speedy
az possible (ana they are dropping of every day)
but punish existing license-hoiders uhaer the
III your contentious correct said justice
Hickman "the law does not come into iorce on llS
enactment, as 1t prescribes but is imperative uh'"
Yes. as far as the unexpired licenses are con-
= don. See said Justice Beekman, why the
Legislature could not have been little p'a'her III
VT Mr intermyer declared that in the Twenty,hTd in
ani ywold be only ssS While in the Of
he civ il would be 81 600 but said he "did not raise
OF the Appellate Division A., ,,..,,,ar
"Ths fearful criminal continued Mr.. Cntermyer
arcas,icn.ly who IA charged with giving away a
nlcce OF cheese with drink, was actually prousht
from Jefferson Market Court here fandcuHed.
never heard OF a moro scandalous outrage IN my
lfc." ,,
Justice Beekman reserved decision; g..
The Grand Jury yesterday indicted four men ior
violation of the Ranes lazy The regp9naGehhs Gh, are
der of No 6os East Twefth-st.; Frederick Wai.ns
of No - First-ave.. and Michael Connell, OF no
lN park Row a bartender for ex-Assemoyman
Michael J. Callahan. ,,. ,,s.
Frank NJ Cowel., OF No 50 West One-hundred.
and -fourth-s, and Robert Kistner. OF NO. wv Last
Twrlfth-st. ... - cn,.,, Ia,
Policeman George Weigold, who went into room
opposte the back room OF the saloon and found -FOUR
men and n keg OF beer. Wala sold the policeman
a gass OF beer. 49, - .,.,r
ing his bar between and O'Clock Tuesday morn
ing when Policeman Sclford went in and asked ior
A glass OF beer. He go, 1t. and arrested the pro-
prl.tor Kistner who H. nelghbor OF the pro-
n-i.tor then went behind the bar and gave the
Policeman another drink lie also was arrested
Walllns was arrested Tuesday morning az z:N
o'clock while selling ale TO six men. Connei was
arrested on sunday. -,
All the accused men are under bail.