New-York tribune., 1902-02-12
RAINES LAW ENFORCEMENT
DR.. PETERS SAYS IT Is FOR CONTROL
OF LIQUOR TRAFFIC AND ONLY
INCIDENTALLY FOR
REVENUE.
To the Editor Of The Tribune.
REVENUE

REVENUE.
To the Editor of The Tribune
Sir: In your issue Of January 27 appeared a long
statement by the Excise Commissioner in answer to
my criticism of the administration of the Raines
law; and in the issue letter from Professor
Burdick. Of Columbia University. which, it seems
TO me. shows very clearly what the powers and
obligations Of the Excise Department and the
failure Of the Commissioner utilize those powers
and fulfil his obligations in preventing the abuse
and violation of the law. I best answer the
Commissioners statements and support my by
a history Of experience.
Hardly had the law been passed when a saloon
planted itself by side without Of house
holders, although Of course. claiming to have
them. On complaint TO the Excise Commissioner he
at once began suit and had the license revoked
Another obtained in another name The Com
missioner brought another suit. and revoked that
one also.
Here a word Of criticism on the law: II the
revocation of the license were a penalty the
premises, so that another license could not be
granted to those premises for five years 1t would
be much effective. This IS the principle pur-
sued the treatment Of the social evil the new
Tenement House law. Under the present liquor
law the revocation affects only the individual, or
rather only HIS name and another license is at once
procured in another name.
The Commissioner also prosecuted the bonds. This
prompt and thorough action had an admirable
effect through the entire neighborhood Another
place, which had obtained bar license without the
required consents. cancelled its license and with
drew from the business; and could have de-
pended the continued prompt and thorough
ton Of the department We should have been able 10
prevent the worst abuses of the liquor traffic in
this region with very little trouble
But a change seemed TO come the policy OF
the department, far at least our neghbor-
hood was concerned and correspondence shows
that others elsewhere had the same experience.
More revenue. apparently could be obtained by a
different policy, Objectionable and Illegally licensed
resorts sprang up. We asked the Commissioner TO
enforce the law TO take steps to revoke the licenses
Of certain notorious resorts which had invaded the
region and to prosecute their bonds. We told
that the Commissioner considered II the duty
citizens Of each locality to protect themselves and
that We must in general institute own suits for
revocation Of licenses. Finally after a visit to
Albany. the Commissioner agreed to prosecute two
cases. we taking all the others. AS prosecution
Of the bonds, which under the law cannot be under
taken by a citizen but only by the Commissioner
of Excise we were told that IN general It was not
deemed good policy to prosecute the bondsmen. We
shown private circular OF the bonding
panies threatening TO withdraw from the business
Of bonding liquor dealers, and were told that the
department anxious to avoid such a result,
since otherwise the liquor dealers would secure
responsible bondsmen.
We went ahead and caused the revocation OF sew
eraI licenses. The delays in the hearings before
referees were interminabe, matter how simple
the case. and when at last a license revoked
another was at secured for the place
under different 1t became increasingly
difficult to induce the department to on the
bonds without which efforts in securing the
revocation of licenses largely a Ssyphus labor.
Last year the law amended to prevent
citizens from bringing suit for revocation Of license
without the permission first obtained of the Com
missioner of Excise. After this went into effect we
made up some cases against disorderly and objec-
tionable saloons and hotels" with precisely the
san on WHICH WE haq a won as oI
satisfactory by the highest tribunal Of the State in
fused m GHs us PeTs5o9 to- sue so the
Since my first letter was written after holding
these cases up for some months, until the better
part Of the value of the licenses had been enjoyed
granted US permission to sue
trust that have now given, the specifications
which the Commissioner complained that my first
letter did not contain The Commissioner has un-
5 qesa2 IN from y e Ranes law in the
Of the number Of saloons. and so forth But his
a tax law to be administered for revenue only.
t oiy,e6 nisf IN fhe letter above referred to
this is perverson of the object of the law as de,
feature the control, restriction and regulation of
the he qH9p af Elective and poWerfu machinery
for such control has been placed IN the hands OF
the faa6 10 %h1fh utze IN TINS CITY he
The anes law hotels (what ghastly monu-
ment 10 any mans nameD have been notorious
scandal and disgrace 10 the city and have, as the
ostered end 0i ndraassd PTostGQH The Fftesn
description of these Rai9es law hotels and theis
results is most awful INDICTMENT OF the law or It's
administration or both Dr. ParkhurSts society
a
found 81 of those visited run in violation or
the express provisions of the Raines law. Why had
the Excise Commissioner never made such an IN
spection, in especially OF the infamous condl-
tons ascrbed these hotels by public notoriety?
It is notorious that at the present time the pro-
visions Of the law requiring that during closed
hours the interior OF saloons be exposed to unob-
structed view from the street is violated by pracu
cay all saloons in the city. Has the Commissioner
made any attempt to enforce this law? Some In
functions. few revocatons Of license couple OF
forfeitures of bonds would am sure bring about
a speedy, compliance with this provision which
was, in fact, generally complied with when the
s
piled with now merely because IT has become evil
dent that the authorities lay stress its en-
forcement.
For years practically all liquor saloons have
! been open Sunday. The city authorities said
they could not close them. The State has said You
and must close them. What has the Excise
Commissioner done about It? Did he as provided
by the Raines law. lay evidence of violations Of the
law before the District Attorney and call on him
institute criminal proceedings? The District Attor-
ney failing TO act, did the Excise Commissioner lay
the matter before the Governor and demand his
moval? Did he. further, any effort 10 enforce
the law by the civil penalties which IL is within his
own power TO use-injunctions. fines reyocations OF
license, prosecution Of bonds-penaites which [
think experience has shown are much more
effective and much easily applied in sxcise
! IA