The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-12-15
Majority and Minority
Commissioners Views
at Wide Variance.
ONE SIDE CONDEMNS
THE OTHERS SUGGESTIONS
Clash Over Question of Vesting
Removal Power in the
State Executive.
LOCAL OPTION FROWNED
ON INBoTH REPORTS
Dissenting Members Express
Confidence in Judges and Say
Present Laws Are O. K.
fFrom a star Correspondent. |

TRENTON, Dec. 15.--The majority
and minority reports of the State Ex-
else Commission were today submitted
TO Governor Fort.
Because of a fear of libel in their re-
port, the majority members had de-
cided to delay the submission of their
report until Friday, by which time it
could have been reprinted, but when
they reached Trenton and heard that
the minority report was ready and
would be submitted they decided to
tone down the majority report copy and
submit it in that manner TO the Gov
ernor.
The passages that were thought
| might be libelous referred to the selec-
ton of juries in Hudson county and the
granting of saloon license by Judge
Maja 4. Berry. of Ocean county. in a
saloon license in which he was said ito
be interested.
The minority report condemns many
of the radical reforms urged TX. the
majority report
The subject of local control of the
liquor traffic is the strong point in the
minority report. In part the minority
report, which rs signed by John Howe,
! of Newark, and Caleb Van Husan
Whitbeck, of Hackensack, reads.
| we concur in, large part with tile
statements of fact concerning condi-
| tions in the various counties of this
State as set forth in the majority re-
| port. but we cannot give our sanction
TO the sweeping allegations in the ma
! jority report, that the judges Of our
| county courts, the prosecutors, the
| sherlffs and mayors in New Jersey are
under the domination of the mafiufac-
| turers and dealers in liquors, In that
they owe their appointments or cleo
| tions to political leaders, who In turn
| are under financial obligations to the
| liquor trade; that by reason of this
! domination licenses are improperly
granted, violators of law are shielded
| from indictment and prosecution, and a
perversion of judicial and adn,inistra-
| tive functions in the interest of ex-
| else violators generally exists.
''To the report is appended a volu-
| minous testimony taken at the many
hearings. To say that this evidence
warrants the deduction or inference
! that such is d general or even frequent
state of affairs Isl a gross distortion of
| isolated, trivial or irresponsible frag-
ments of testimony.
Gubernntorinl Removal Power Opposed
I'VE dissent from the proposition that
the Governor of this State be vested
| with the power to remove county and
municipal officials, whether constitu-
tional or statutory and whether elective
or appointed. 1t Is manifest that IL
| such power of removal is given at all.
| II must be given for all causes as well
! as for those connected with the ad-
ministration of excise affairs. This
would plaSe in the hands of the Gov
ernor a power almost greater than the
sum of all his powers that have hitherto
existed in this States history, and
would result in making the Governor
the supreme dictator, not only In the
| affairs of the State, but in the internal
affairs of all the different localities
within it. The change in policy by tho
granting of such power would be
potential evil practically incalculabie.
| There is certainly no warrant In the
| investigation of this commission for the
| assertion that evils due to non-enforce-
ment of the excise laws exist to such
an extent as to justify recourse to so
drastic a remedy.
| "A fair criticism is that, owing to
keen competition between brewers.
more saloons have been established
than there exists need for. The obvious
remedy for this is to restrict the num-
! Der of licenses, in which recommended
tion we heartily concur. Unless some
reasons exist which have not been pre-
sented to this commission why the ar
rangement between wholesaler and GUS
toner is inimical to public welfare, any
interference Herewith would, in our
| opinion, be simply wanton.
In Defense of Innocent Landlords.
THE proposition that where such q
business arrangement exists, the whole
saler should be held jointly liable with
the customer for violation, and that
even when the violation occurs with
out the knowledge and against the
wish of the wholesaler is repugnant
to the elemental principles Of justice.
I'VE desire to observe in this con-
nection that the existing law. which
penalties an innocent landlord, when
the tenant without the owners knoW1-
edge commits a violation, by pho
hiblting license on the premises Tor