The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-25
RAINES LAW PROBLEMS.
PROCEEDINGS ALREADY TO FIGHT
THE Law IN THE COURTS,

'"hN ~ = aEAA " WV
In "Any RuiidinG Owned by the Pubiic''-
Clubs May Vote DrJ-Mnny Must Close.
Col. Ashley w. Colo Ind boreiv had limo ~
mock ct the men with which GOV Mor,op a,orsd
IN. p.tn.. Ii,rns rox IN, .nd ~. Int 40 ~
u..,u.. -s. -
n"u s."toeiy rIe "neh 'no brewers
nesooiAs'oh u TINS Guy oeksh mnAeh case 10
nrono.oa A. a,,.sLsns ~, ~ ,.S.u., ...."sS
"a ~ NJ ~ ni,n E..iss C"as,..IaS.",
...i.taa a.. m.,t.. 49,, s.
E..,s.a. - $3.50, s.,
..sas ~, s..,n... a, ~, 40 ~"
.i,.a TO-. .ano-.t - "a. 49, -.
M. casa had h.or s.ian,od a. Cnoaanhsa
IIntorm.or n NJarshaI, a,,a.a.ns o. a..
$500 ,o- Tho Toe, ana ~ ~ $50
thst ,hs Govsrnor h.d s,on.d ~" poino. hpI
vh,ch h.oams chan,or no o,,,o -. =, ,aaa
az. ~.
rofrs.d 90 oron, ,ho rono-aI a,ou,,nu a. o.,
io-ino ,tnn,a n..,..as 49,, III. .s.s.
J,,i,s NJ Noror.
nnu.sn s ppnosn u w enalo'e
proper person ana "A sn,,,,ea 10 : ,Icsr,s to .oi,
iiouor,. and aiso that NO nro,oat. have becn nicd ana
that the place "a a proper place TO be licensed.
We refuse the application solely on the ground OF
want of power. in that by the terms of an act OF mo
I.a,sla,urc inst paased and signed NV the Governor a,
,hs Sea- - ,u M.m vers w on W., o. ,soS ,n =.
chapter lie of the Laws of 1899. known as the Liquor
u law. IL no pOWeT III III 1ufut1ibhlOueEbO II
Excise in tbi. county 20 issue . license 70 IN, anpii.
cant for the place in question. or for any place in n,
county OF ne" YORK Tor a term expiring later than
April 80. 1895
erick O. Einsreld for a license 60 sell splrituous liquors,
vines. ales and beer at 40 peekman street, New yors
city, DO and is hereby rejected.
Thereupon application was made for a man
aamus compelling the Board to give Einsfeld a
license for a year. Justice Beekman yesterday
granted a writ of certiorari and an alternative
-anaam,s rho - 4. ro,,rn.hl. h.to.o
nc rue 20 eio
Justice Pryor in Part Ill., Special Term. of the
eventually be carried to the Court of Appeals.
The Attorney-Generai was notified OF the case.
m.n WV" Up. Juo,;o. . ~
In his petition Einsfeld attacks the constitu-
tionality of the law because It was not submit
ted to the Mayors OF the several cities OF the
State for their approval, and because 1t was not
pso'eu ~ $780, W. w "n"a
IL hek,ei".ufo' o 10 W. ~ ~ So
, svsry nu m
The return of the Excise Commissioners will
SSl E HilaSf HP but viii iio SIMPLY lnnai deel%re that % they
refused to grant the license with full warrant OF
law and that they acted on the advice Of coun-
sci.
It was announced yesterday that Joseph II.
SuOhtC Eilhu WV anu ". Shlt o III SoLup-
trollcr Ashbel p. Fitch have been retained by
the opponents Of the law in the effort to prove
eminent counsel is expected, however, to appear
in the case before Justice Pryor to-day. A pre-,
TO have been set aside by the brewers to fight
the law in the courts. Tho Wine. Liquor. and
pared to fight, and Frank 9. Rim Of that asso.
citation said yesterday that there vii be no
p wss ! W M,l r% unise sssiT tS o"s th'' all interested
The Excise Commissioners ceased to issue
licenses ss,o |, a, neon on Monday Mon even for the short
Tor bis opinion as to their powers and rights in
the premises, They began signing short term
opinion which says: 1T appears to me that
from the present date until April 80, ls96, the
20 extend not beyond the 30th day Of April,
1896"
pire before tax certificates can be issued on May
/. These expire from day. to day, right up to the
the holders of licenses who desire to continue In
business under the new law are obliged to
secure renewals even for one day or else close up
until the Raines law certificates are issued. As
the Commissioner are permitted TO take only q
BRO rata License fec the clerks r n tine E1 Tse
schedule changes every day. II was yesterday:
Hotel license. s5i9i; saloon and storekseper.
S2b.96; resiaurant, slo.os; ale and beer s'.7s;
druggist. S2.Os.
law Mhe wsi ehe p mahy sh'h have IN t never new even ssau0f BEEN
dreamed of by parsons who may have read II
s ssye s So sa notsd That F tSe in pToHisicn /, WICK mRisEK d det
nI.res tbat mo- iionnrs can he so,d in anv hnIding
SISros Gua' Iuoio a.
pelonglhR 70 ths puoiiS seeH,s ~ uepIt.S .n1
Casino and McGowns Pass Tavern III central
Park and the Claremont in Riverside Park of q
very attractive feature in tn: entertainment
which thew afford. No moe wine suppers at
these favorite resorts so long as the present law
is in force; that is, unless another provision In
section IL saves these popular resorts. 1t is
section "a which says that traffic In liquor shall
not be permitted in any building owned by the
public" Section IL. subdivision 7, provides
that when premises where traffic In liquor is to
be carried on are situated in a public park the
applicant for a tax certificate must file the
written consent Of the authorities having the
custody and control of the park for the traffic in
liquors the rein" This Is one of the cases where
q Raines wheel slipped q cog.
Then there is section 23, which tells who may
not engage in the business of liquor selling in
this city. Residents OF New Jersey VINO are
at present engaged in the business in this city.
and desire to continue in 1t. must move into this
State. This applies not only to saloons, but TO
hotels. restaurants. wholesale dealers, and
druggists. They must be residents OF New York
State, and II more than half of the interest in a
copartnershlp is owned by a nonresident no