New-York tribune., 1902-02-14
AFTER EXCISE VIOLATORS.
STATE AND CITY WORKING TOGETHER
TO COMPEL OBEDIENCE TO
RAINES LAW

Albany, Feb. 13 (SpeciaD.-From statements
made here to-day it is apparent that every
power possessed by the State Excise Depart
nent is being exerted to collect evidence against
the Raines law hotels in New-York which are
violating the excise laws of the State, and that
soon this evidence will be submitted to the
courts
Patrick w. Cullinan, the State Excise Com
missioner. would not say to-day how many of
his excise inspectors at work in New York
City. Speaking about DR.. Parkhurst's state
ment made in Boston on Tuesday night he said:
The State Excise Department is in accord with
the District Attorney of New-YorIx County, the
Commissioner of Police and the Society for the
Prevention OF Crime. of which DR. Parkhurst
is chairman. i'm the effort to extermIuate hotels
In New-York violating the liquor tax law and
the criminal laws Of the State. The State Ex-
else Department assists in this work by enforc-
Ing the civil remedy to revoke the certificates
FOR such hotels where the law and the facts
warrant Criminal proceedings for the arrest
ana punishment OF the guilty will be instituted
by the local criminal authorities. with whom
the Society for the Prevention of Crime will, no
doubt cooperate.
The liquor tax law provides in explicit terms
two remedies for its enforcement-one of which
is the civil remedy. to be exercised by the State
authorities and the other is the criminal remedy.
exclusively In the control of the local criminal
authorities. No purpose is more clearly defined
In the statute than this division Of fesponst-
bility. When the State Department of Excise
has performed its duty In the matter OF grant
ing liquor tax certificates, collected the revenue
instituted such proceedings as may be necessary
for the cancellation of certificates and for the
collection of the penalties of liquor tax bonds
II has performed in the main its entire duty
under the statute. II cannot invade the prov
inCe Of criminal jurisdiction to the
forCement Of the law for that duty is reserved
exclusively for the local criminal authorities. a
duty always resting upon them and not taken
away, directly or constructvely. by any provls-
ion of law.
Since the excise law went into effect the au-
thorities Of New-York have received from the
State the sum of $33.3l6,315 AZ, which could
have been used to pay the expenses Of the
Police Department and for the prosecution IN
the police courts of the propretors OF Ratnes
law hotels who have been conducting them in
an unlawful manner.
When Governor OdeTs attention was called
tonight to Or. Parkhursts statement and to
that OF Excise Commissioner Cullinan. he said
that he understood that there was harmonious
action concerning the Raines law hotels on the
part of public officials. Continuing, the Gov
ernor said that wherever Excise Commissioner
Cullinan found a violation of the excise law he
prosecuted. Those in New-York who said that
the Raines law hotels were illegally conducted
ought to supply the evidence TO prove IT. The
Health Department of New-YOrk had ample
authority to inspect these hotels: the Police
Department. with eight thousand members. and
the District Attorney. with his assistants. were
also on guard. The applications for a certificate
to sell liquor in hotels contained certain ques-
tions which must be answered. The Governor
added emphatically:
If there is any Raines law hotel proprietor
who has committed perjury, he ought TO be
found out. Perjury TO my mind is far graver
crime than that of violating the excise law.
Also. II there is any public officer who is not
enforcing the law he should be called to
count, and If his offence is made clear-I am
quite in the removing habit.
This was undoubtedly reference by the Gov
nfG Ca1 4 x-a11
of Erie County. on a charge of not having sup
pressed a poolroom near Buffalo.
The excise inspectors are measuring rooms in
the Raines law hotels. to determine If they
comply with every command of the law. There
are 335 hotels that sell liquor in the boroughs
Of Manhattan and The Bronx.