New-York tribune., 1902-01-27
PRICE THREE CENTS.
RAlNES LAW RESULTS.
STATE EXCISE COMMISSIONER
CONTROVERTS DIR. PETERS.
FIGURES SHOWING WORKING OF THE
ENFORCEMENT BY LOCAL
AUTHORITIES NEEDED.

Albany. Jan. % CspeciaD.-There appeared IN
The Tribune last Monday a letter from the Rev
DR.. John P. Peters. rector Of ST. MichaeFs
Church, New-York City. in which he said that
in the discussion of the Sunday excise law at
tention had been given to the enforcement Of the
law or it's non-enforCement on the part Of the
municipal authorities. but il seemed him that
attention should be called least strongly
"to the similar responsibility of the state
thorities," and he added; The Ranes law is a
State law. II took the matter of licensing the
sale Of liquor entirely out of the hands of local
authorities. and provided State machinery as
well a municipal machinery for the enforce
ment of this law In actual practice. however.
the State has thrown the burden of enforcement
entirely upon the local authorities" Further.
he said: Neither does the State undertake any
proper inspection of saloons and hotels with a
view determining whether they are comply
ing with the terms of the law and. in case 1T is
violated. of taking steps for a revocation of the
license"
Patrick W. CuIinan. State Excise Commits
sioner. read the letter of the Rev. Dr. Peters az
the time Of It's publication. but declined to make
any comment upon it then because certain sta
tistics showing the results of the operation Of
the State Excise Department. then being pre-
pared were not yet assembled. Having OBJ
tanned the desired statistics yesterday, Mr.. Gull
Imam, in response TO a request of The Tribune-
| correspondent spoke frankly regarding every
| statement made by the Rev. DR.. Peters in his
| letter
MR.. CULLINAN'S EXPERIENCE
There is no man in the State regarded as more
competent to speak about the operations OF the
State Excise Department than its present chief:
for he has been intimately associated with it's
administration ever since its institution in 1896
| A personal friend Of the late Colonel Henry H.
| Lyman, the first State Excise Commissioner, he
was appointed by him the first general counsel
! of the department. The department upon It's
| institution was distrusted 1t was said IL would
be a great political machine. Colonel Lyman
| and Mr.. CuIIinan administered the affairs OF
| the department that not even their political Op-
/ ponents have ever said the Excise Department.
| is being employed for a political purpose. Fears
| were expressed also that eventually corrupt in
| fuenCes would affect the department Five
years have passed, and one has ques-
| toned the absolute honesty of the management
of the great department
Colonel Lyman. it was we'll known in Albany
| was Influenced greatly in his administration OF
the new department by the advice of Mr. Cul-
Inan and therefore when Colonel Lyman died ir
was thought that Governor Odeu acted ii the
public interest when he appointed Mr. Cullinan
as Colonel LymaH's successor. The State Excise
Commissioner in his reply 10 the Rev. Dr.
PeteTSS letter. practically gives history OF Jna
Excise Department for five years and there
fore his statement will be read with the more IN,
terest Besides. 1t can be regarded his irsS
official declaration Of his policy of administering
the affairs of the State Excise Department.. and
one can also discern some thought about tha
latent powers OF the police departments OF the
cities of the State.
THE COMMISSIONERS STATEMENT.
Mr.. Cullinan said in answer to the statemenc
of the Rev. Dr. Peters,
The Liquor Tax law OF the State OF New-York is
the sole guidance lSr the congc Of the state Com
missioner OF Excise, and Re IS responsible 70 ne
duties under and according To the terms of the.
and the method Of It's enforcement, ana although,
public officer should not be called upon TO defena
public act anu the discharge OF his duties there
under unless the charges are accompanied byr!
- o. me Sot,tT % ne - Il' %
The Rev, DIT. Peters says that. in taking thei
OF the hands Of the local authorities and providing
municipal machinery for the enforcement Of the.
the local authoritIes- The impression sathered
the legislature 70 cast The whole burden OF entOrce
ris DenartTnenf and that No 5uIv Sa[ovs5 77E61, N
the local authorities in the premises; On the con-
trary, the legislature did not cast the entire burr
den Of enforcing the Liquor Tax law upon The State
pic!L terms. two remedies for the enforcement OF
the Liquor Tax law of which is the civil rem
the other Is the criminal remedy exclusively in
the control Of the local criminal authorities. No
purpose is more clearly defined in the statute than5
this division Of responsibility. When the State De-
partmeut OF Excise has performed its duty in Jhes
matter OF the granting OF liquor tax certificates,
collected the revenue lnStltuted suCh proceedings
as may he necessary for the cancellation OF Cer-
tfcates and for the collection OF the penalties OF
entire duty under The II cannot invade tha
province OF criminal jurisdiction 70 secure the en-
I ". = X,
cIusively for the local criminal authorities duty
always resting upon them and not taken away. di~
The Rev. DR.. Peters further asserts that ths
permitted ViO! !atlons ana eVaSionS or the law Tor
the purpose Of obtaining revenue for the state and
We think II may be fairy SAID. capital Tor tbs
party as one which reduces taxes This charge ia
not accompanied by any proof and can be refuted
by the records Of this department The department.
acknowledges thr eNPehGiturt. or energy IN secur-
| ing the enforcement OF the Liquor Tax law thai
Conpushed Wltn'Ut lht ueSiect OF any other duty
imposed upon IT. Every person carrying tha
trathc IN liquors Is assessed Tor that purpose, at
the rate provided u\ Ihc statute and II has BEEN
considered Of the most important duties OS;
the State Department 10 collect that tax. which,
EinsfeId agt- Murray, 1i9th y Y. Page 37S is
Ito furnish some measure OF indemnity againste
the prosecution OF business therein under state
authority, po|erluIIy G0nJrloutlns to disorder,
paupertsm and crime While the department has
thus been engaged in the collection of this tax
amounting during the last five wears TO upward
people of the State it is also able at the same time
to establish by the public records that it has beerr
civil remedy within tts power exercise that ths
law may be observed as the statute prescribes.
REDUCTION IN NUMBER OF LICENSES.
When the Liquor Tax law took effect. March q.
1896 there were 80 49, licenses granted in the State
on January 10. 1902 the number of liquor tax cer-
tihcates in force in the State p 40 a reduce
|