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


or proceeding If he desires to do so. He has I'M
limited power to fixing the fees. The law
provides. They shall be paid by the State Treas
rrer the warrant OF the Controller. such com
pensation as shall be agreed upon by the State
Commissioner" The power thus given to a
single officer may be exceedingly strong po-
litcal weapon. as young attorneys are frequently
among the most effective political workers.
The State receives no security for the faithful
performance Of the duties Of any Of the officials.
except the Commissioner. unless the Commission
er shall so decide In relation to the deputy COM
missioner, the financial clerk. the special depu-
ties and special agents. it Is provided that they
shall 'if required by the Commissioner. give a
bond to the people of the State in such sum and
with such sureties aS shall be approved by the
Commissioner" The amount Of official bonds Is
ordinarily fixed by statute. and the requirement
is made absolute but in this case the Commits
sioner has the power TO discriminate for or
against any favored individuals or localities as
TO the giving Of security to the State.
ONE REMARKABLE PROVISION.
|, The provisions as 10 the amount of excise tax
required In different subdivisions Of the State
have been frequently set forth in the debates in
the Legislature and in public discussions. The
inequitable provision which will tend to make
part Of NewYork city favorite business place
for hundreds OF liquor-dealers Is that which pro-
vides that where the boundaries Of a city have
been changed since the last State census by the
addition Of territory not In the same judicial dis
trict, such annexed territory shall not be deemed
a part Of the city. bur shall be deemed town
and the amount Of the excise is provided
for those subdivisions A fact which may have
escaped the lawmakers is that the local option
clause will apply TO the annexed territory though
no vote may be possible because II provides that
the question shall be submitted az the annual
town election. There is no such election in the
annexed territory. though II Is under the pro
visions of the act to be considered town. a
liquor-seller in part Of Williamsbr!dge must
pay $500 for license, while in another part Of the
suburb ne need pay only 500.
The local option section of the act provides
that among the questions submitted to the
voters Of towns shall be- Shall any corpora
ton, association. co-partnership or person be
authorized TO traffic In liquor under the pro-
vision Of Sub Division 8, Of Section H. Of the
Liquor Tax law" in the town in which the
election is held. Subdivision 3. OF Section H.
provides tax on the business Of traflcking in
liquors by a duly licensed pharmacist. Liquors !
can be sold only under that license upon the |
written prescription OF a regularly licensed !
physician. signed by him and stating the date |
Of the prescription and the name Of the person |
for whom prescribed. The druggist is obliged to |
preserve the prescription and to fill II only once
and the liquor shall not be drunk upon the
premises. Under the local option clause, a town |
can. therefore prohibit by vote the existence |
within the town limits Of drugstore at which |
prescriptions such as are frequently given by |
physicians may be filed In pneumonia and !
other diseases certain kinds OF liquor uni
versally prescribed as among the chief medical |
agents and apparently the town would have
the right under this clause TO forbid druggist
from filling prescriptions in thes cases. Whether
law under which such humane and necessary
acts filling a physicians certificate in time
of necessity are forbidden IL doubtful ques-
ton. The local option clause also provides for
submitting separately the question whether a
person shall be allowed to traffic in liquors as
the keeper Of a hotel even If the general traffic
is forbidden.
MANY DETAILED STATEMENTS REQUIRED
The application for liquor tax certificate
must under the Raines act contain many de-
tailed statements. If the place In which the
liquor traffic is carried on has entrance with
in 200 feet Of the nearest entrance to a building
or buildings occupied exclusively for dwelling.
there shall be filed with the application the con-
sent. In writing. that such traffic be carried on.
by at least two-thirds Of the owners Of such
buildings within 200 feet. 1t is necessary that
these consents should be acknowledged as are
deeds 10 be recorded. This restriction while
not applying to places where business is now
reputable hotels. or the renting Of stores 10
druggists. There Is no distinction between drug
stores and the ordinary liquor stores as to the
OF the written consent OF the adjoin-
ing property-owners. Drugstores have hereto |
fore been considered as especially desirable
places OF business on residence blocks but they
are now placed under an embarrassing restric-
ton.
Provision Is made In the same section that r.
the premises where the traffic Is to be carried
on are situated in any public park the applicant
shall file with the County Treasurer or special
deputy. the written consent OF the authorities
ha wing the custody and control Of the park
BY the twenty-fourth section. traffic in liquor Is
a absolutely prohibited "in any building owned
by the public" As buildings In the public parks
are ordinarily owned by the public. there Is APP
parently an absolute prohibition aginst the sale
Of liquor, even with meals, in any park building
In this city, at least, though the Park Commits
siontrs may consent. The Casino and McGown's
Pass Tavern in Central Park and Clermont in
Riverside Park. contain restaurants where wine,
beer ind liquors are sold with meals. The res
te urant leases are granted with that understand
ng, and persons dining at those places have had
the ordinary privilege Of ordering liquors to be
drunk with their meals. Under the Ranes bill
this privilege usual to all restaurants would be
prohibited to those who dined at the park res
e urants Their popularity and usefulness would
be seriously interfered with. and the restaurant
privileges would be source Of much smaller
-evenue to the city than under the present law.
Section 22 which prohibits persons engaged
IN selling drygoods or groceries or provisions or
drugs as a pharmacist. from carrying on traffic |
IN liquors 10 be drunk upon the premises In the |
same place where their other bushes is carried
m. will interfere with some country stores. es-
,ecially as the word provisions Is so broad in