New-York tribune., 1909-04-17
ASKS CLEMENT TO ACT
ENFORCE EXCISE Ldn D.
Committee of Fourteen Replies to
State Commissioners Pamphlet.


The Committee Of Fourteen. Of which the Rev
DR. Job,, p Peters is chairman. which was o.
Eartzed Tor the purpose of suppresslng '-e ran,
law hotels forwarded yesterday 10 AaSNaLu
Clement state Commissioner Of Excise. az Aioa'''
. la.+e~ in answer 20 the pamohlet recently Issue
D., me Ca4lrlliss oner in which he seid illa' lig
,-ese,r excise law was enforceable hut that he dlo
not have adequate means a. his disposal 10 en
force Il
The committee in its letter says that the com
missioner has not employed as he might nave NJ
,alico powers 10 compel the New York ponce L,e
nar,nfert and other proper officials 10 ENFORCE t,i7
Law II suggests that Mr- Clement shohia ask ~
legislature Tor more a-ents ana an iii
funds and asserts that, although he colnplalilS ma
he has not a sufficient force TO uphold lhe law ~
has never rnade any such request of the Legs
lature
The committee reiterates its conclusion. how s"-
ever that the present provisions of Jile iaN IVA
Sunday closing cannot be enforced -
NJ. Clement I'm referring IN MS iaiilI'-'' ~
force of sixty agents. said;
This small force is The only means prollqieG ~
which the Commissioner can asceIldl +Tfrr[
tie excise taxes have been pald bE .lr~.;frates
Thousand dealers who usually take out tI
and tne hundreds N aGdl'l"h NNo - state 70
;lTod ne tax and traffic without certlilcalt. - -
iera ,-iolations are discovered in respect to non
payment Of the excise tax. Investigate l"e 70 =
red Tor rebate 10 ascertain II the business mas a
ually been discontinQea and as2 & rtj6n 10 The
compliance with the law hy persons engaged III
The trafTic''
The Commission SAID that the total OF The costs
ana penalties collected Lad increased from SS-"v'
under the first commissioner about tlrd OF
million dollars yearly, that the number OF STATE HI
vestisa1ions had increased more than 80" PEI cent
that the number of Indictments FOR excise
had increased - per cent and that. excise liil7s
irl1osed during one year upon convictions had H.
creased from s2S.000 TO $4,000. Conditions gene
ally in regard 20 ,T2atnes law hotels, he sala, hau
improved under The present statute lie saiu i's
could not So how the proposition 70 open lle sa-
looms -, sunday afternoon and evening would re
duce grating the same temptation 10 h=ep
open during prohibited hours would sun exist ao1-
The liquor tax law is unquestionshly police
its uplice power under the arhtrarl autlolLll2
5l1ir b4sl1b Of public morals The liquor traffic
IS included within this police p9"eT' pe5 tSi;ess -
dangerous 10 public morals and involving puulie
burdens
Commenting on ihe proposed Sunday opening
Commissioner Clement said:
Il Is certainly a novel reform measure which pro
poses allow The wrongdoeT Je retain ail - -
what Ae mas llleEalIS posseli - md
sin no more. What and where IS the guar ante
spect the law during half Of the SUNDAY provided
viii give them the other halt Ah9 n me NE
eosFq s for hen promise IN tie future than they
now have fer the government-and Ia" Is govern
nnentz
The reply was made for he Committee Of -Four
teen By Professor Francis II. Burdck. He SAID
rbat the Excise Commissioner. while recognizing
that the liquor law police law, had failed
10 recognize distinctly that the commissioner was
the chief executive officer Of that police law he
pointed out the authority enforce the law vested
n the commissioner, and then asked these qGes-
lions
Have You ever instituted a single action To re
cover the statutory penalty from a delinquent or
cal 5TraF7- Dfi3p
with the machinery which this act provides, You
could compel these officials 20 do their duty
We observe with regret that IN the closing para
graph Of pamphlet you DO not releF 10 ttle
feature Of our biH calling for an increase IN the
number Of your special agents I" one hUiCitd ana
nifty as THAI YOU trust the Legislature VIII
have the force kept down TO It's present NUM-
ber2 Would eTnbaTraS= yOu TO have q larger
number. with the compulsory assignment OF .
certain portion 10 the work OF enforcing tle Ia"
- city?
With the increase which our hill proposes in
yolIr force OF special agents you would nave no
sifhcuty in supplying Mr Jerome with the tWeh-y
ofcers which he asked YOU al the recent hear
ny y Albany He declared that Il would de
tail TO MIN that number. he would agree 70 close
every saloon in New York tighter than a drum on
Sundays, within three months
In our opinion, il Is Of the highest Importance
-laat YOU comply with his request ana thus make
genuine attempt 10 enforce strict compliance hy
ali liquor sellers with the sunday closing pro-
vision Of this
II the provisions Of our bill relating the sale
Z liquor Sundays are defeated, their defeat
present Law is enforceable We therefore de
1iand that YOU employ all the machinery which
.he present law puts under your control, not only
FOR the cancellation Of certificates and the for
teture Of bonds but for securing obedience 10 the
mandatory provisions which you have 50 carefully
pointed