New-York tribune., 1902-02-16
THE STATE AND EXCISE ENFORCEMENT.

L.
Governor Oden in his letter on the enforce
ment of the liquor law enunciates the just and
legal rule for the conduct of the State Excise
Department. The officers are not agents for
the enforcement of the criminal law. They have
civil functions only. and the local authorities
cannot anywhere escape responsibility for toler
ating excise law violations by hiding behind
the State officers. Under the old license law,
the people of. every community looked TO their
own District Attorney and police TO prosecute
the crimes of saloonkeepers as we'll as of bank
cashiers. The change in the law. placing the
collection of the liquor tax in the hands of the
State. In no way affects the duty of local au-
thorities charged with the detection and punish
ment of crime
New-Hork is, or at times thinks it is sensi-
tive on the subject OF home rule. II resents, or
pretendS TO resent, country interference with it's
way of administering law Some Of the people
who talk loudest about home rule, whenever
they want TO escape responsibility for local
conditions. put somebody at Albany "in a
hole" are ready 10 urge the Governor to step
in and do police duty here. just as Mr. Shepard
last fall urged the Governor TO remove Devery.
If the Governor did any such thing. and sent the
State officers around arresting liquor dealers
for violation OF the Sunday law he would pro-
woke the most widespread resentment More
over. he would have nc power to do this. The
business of the State officials is confined TO
civil administration. They are charged to col
lect the tax, to see that persons do not sell
liquor without making due payment to the
State. and also TO revoke the licenses of those
who do not comply with the tax law. 1t is
also their duty to report 10 the local authori-
ties criminal violations of the liquor law which
may come 10 their notice.
1t may be rhat the State officials have been
too exclusively concerned with collecting taxes
and have not given enough attention to their
duty of reporting crimes for prosecution. Under
Tammany rule practically no effort was made
to punish such crimes, and they may have
grown reriss about making useless reports If
so, they should be aroused to greater activity
particularly with regard TO violations OF the law
which not merely technical, but OF a char
acter which attracts the attention OF citizens
Many excise law violations, which constitute a
nuisance rightfully objected to by neighboring
householders, can be proved in such form as TO
warrant revocation of licenses, when they could
not be made the basis of criminal conviction.
Under the law civil actions 20 revoke licenses
can only be brought by the State officials, or
with their permission. This rule protects liquor
dealers from frivolous and blackmailing suits
AT the same time it places upon the State au-
thorities a heavy moral responsibility. They
are not called upon to the civil process
to force upon community theory of policing
which its own public sentiment does not war
rant local authorities in adopting. On the other
hand, they ought not TO let men who make
nuisance Of themselves escape responsibility TO
their neighbOrs by hiding behind State license
Complaints that the Excise Department is
lenient in the collection of forfeited bonds. and
slow 10 grant permission to aggrieved citizens
to proceed against excise law violators. IL we'll
founded. should lead to reform. Persons should
not be encouraged to burden the department and
make civil process an easy substitute for crimi-
nal prosecution but they should have the sym
pathy of the department in all reasonable efforts
TO keep the liquor traffic within decent bounds