The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-08-27
NEW YoRK's LIQUOR LAW.
How the Empire State Deals With
the Liquor Traffic.


The President of the American Bar
Association in his recent address said :
The Legislature of New York has
passed an Act Of the greatest import
ance. 1t withdraws from local author
tiles the powers heretofore committed
to them and vests them in State Off
GERS. 1t provides for a Commissioner
of Excise, a Deputy Commissioner.
special Deputy Commissioners in the
counties of New York, Kings and Erie,
and special agents and attorneys To
these parties the administration of the
statutes is committed. How far such
large powers can safely be intrusted TO
central authority, where the activity
and vigor of party is as great as they
are IN New York, has been doubted,
and the administration of the law will
be followed with great interest.
The business of trafficking in liquors.
is infinitely and carefully distributed
into several classes. One-th of the
taxes, fines and penalties go to the
State Treasurer, for the benefit of the
general fund, as a part of the general
revenue of the State and the remain
ing twothirds go to the town or city
in which the traffic is carried on. TO
be appropriated and expended by such
town or city in such manner as is now
or may hereafter be provided by law
for the appropriation and expenditure
of sums received for excise licenses. or
in such other manner as may hereafter
be provided by law; and any portion Of
such revenues not otherwise specially
appropriated by law shall be applied to
the ordinary expenses of the city or
town.
Very careful provision is made for
keeping a record of the business of
these officers. In order TO ascertain the
will of the qualified electors of a town
a vote shall be taken at a town meet
ing, whether the traffic shall be car
ried on; first, in the sale of liquor to
be drunk on the premises; second, in it's
sale in quantities of less than five wine
gallons, not to be drunk on the prem
ises; third, in its sale by pharmacists
on a physicians prescription; and
fourth, in its sale by hotel keepers
Applications for liquor tax certificates
are minutely provided for, and bonds
are to be given by the applicant that
he will comply with the provisions of
the Act. Charges, varying from 800
to $500, according to the size of the
city in which the traffic is carried on,
and the nature of the traffic, are pro-
vided and payment of the same strictly
inforced. The holders of certificates
must post the same in their places
of business. Nine several classes of
persons are incompetent to take out
and receive certificates, and the traffic
in four several classes of places is for
hidden.
An officer charged with the duty of
issuing or consenting to the transfer of
a certificate refusing to issue or trans
fer the same, must indorse upon the
application or attach thereto, state
ment of his reasons for such his de-
termination, and his action may be
reviewed on writ or certiorari by a
County Judge or a Justice of the Su-
preme Court.
So, too, any citizen may take proceed
ingS before a Justice of the Supreme
Court to revoke and cancel a certificate.
Injunctions may issue to restrain the
unlawfully trafficking in liquors, and the
sale of liquors without a certificate.
The Act forbids selling or giving away
liquors to minors under the age of
Is years, to an intoxicated person, an
habitual drunkard, an Indian or to
any person after notice forbidding the
same from a parent, guardian, husband,
wife or child of such persons over 16
years of age, or magistrate or over
seer of the poor when the person is a
public charge; or to any person who is
in restraint of his liberty.
Penalties are denounced against vio-
lations of the Act, and Jurisdiction is
committed to certain courts and mag
istrates. Any person intoxicated in a
public place may, while so intoxicated,
be arrested without warrant and Sc
verely punished There are many other
details vigorously inforcing the provi-
sions of the Act