The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-16

Of only civil functions. The duties Of its
officers and special agents are somewhat
aminers and agents Of other departments
OF the stat viz the Banking Department,
onicIai OF the B%ankins.or Insurance depart
nent shall have learned In the discharge
o. ms ofrcitl duty OF a violation qf either
u is his duty TO make proper complaint thereof
TO the criminal authorties OF the locality
where the violation Of the law occurred,
local criminal authorities as the law and the
The ciyii remedy which may be provided
FOR the redress or the prevention Of the wrong
committed or about 10 be committed. or the
is in the control Of the Department to take
such action a. the statute may provide. The
special agents Of the d ,partpent Of Excise.
statute. must. when they become aware Of a
Violation Of the provisions Of the Liquor Tax
law, Immediately notify the District Attorney
Of the county ia which such violation occurs
by a statement under oath Of the fact OF such
Violation, and 1t shall be the duty of such Dis
trict Attorney, when complaint Oh oath Is
made OF such violation. forth with to cause
the arrest, &c, Of the accused.
that the statute has lodged any power in the
hauds Of the state department Of Excise to
s%snIorce It's yTlmins pr%yisiohbs s When the
its duty In the matter Of granting liquor tax
certificates. collected the revenue. instituted
uch 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. IL cannot invade the
province Of criminal jurisdiction TO secure
the enforcement OF the law. for that duty Is
authorities. a duty always resting upon them
and not taken away directly or construotiyely.
10y any provision of the Liquor lax law or
any other statute law OF the State.
am Informed that heretofore the State
Department II Excise gave. and is still giving.
special attention 10 the question of the traniC
In liquors by hotel keepers in the bprOugh-
~ Manhattan and The Bronx, as well a. in
other part. OF the state On May T. lsll
Of Manhattan and The Bronx. on the LIST day
of May, 1871. there were 1885. declared hotels
in said boroughs. a reduction due to the efforts
of the Excise Department and its agents to
enforce the provisions of the law relative TO
the tranic in liquor by hotel Keepers.
With reference to the question of CanCelling
the liquor tax certificate held hy the places
mentioned In your communicated to Special
Deputy Commissioners billiard, the .statute
provided that the power lodged in thcD part
ment of Excise for securing cancellation of
certificates may also be exercised hy any
citizen OF the state for the same purpose
The statute is permissive and directory and
not mandatory upon the state Commissioner
Of Excise in the matter OF canceiling liquor tax
certificates
/ desire to inform you that the state De-
paTtment of Excise will confer with you at
once IN reference tol the institution of can
liquor tax certificates for the places men
toned IN your communication 10 Special
Commissioners Hillilrd. and that. II sufficient
proof l. submitted for that purpose. pro-
ceedings will be- Instituted by the state De-
partwent without delay TO cancel the liquor
tax certificates in question
further desire TO inform you that ! have
advised District. Attorney Jerome Of New
York county and Police Commissioned Part
ridge OF New York of IN" subject matter OF
your ComWuniCGtiog with n request 10 them
s"ver1lly 10 take such action In the premises
rs the law and the facts may warrant Very
truly yours, Is Il. ODELL, JR.