New-York tribune., 1910-04-21
PASS LIQUOR TAX BILL
Would Abolish Bonding Monop-
oily of Surety Companies.
LEGISLATURES BUSY DAY
Hubbs Measure Aimed at Third
Degree Laid Aside After Hot
Senate Debate.
TBy Telegraph to IN. Tribune.l


Albany. April 2O.-Inanimously the AS
seulbly to-day passed the bill OF Mr.. Bates
Of New York, amending the liquor tax law
in such fashion as 20 abolish what now
virtually is a bonding monopoly enjoyed By
the surety companies. This measure was pro-
posed by the committee Of fourteen. which
is endeavoring to abolish disorderly resorts,
and was favored by Excise Commissioners
Clement. II provides that the Excise Com
missioner be authorized TO accept in lieu
OF a surety company or personal bond. an
assigned certificate OF deposit OF a state
depository for the penalty OF the bond, plus
SEQ for legal costs in case OF a suit
"If this bfll becomes a law" said Mr..
Bates. the state rather than tho surety
company becomes the recipient of cash do
posits. 1t can exercise a wholesome sur
Yeillance over suspected resorts"
Mr. Hoey's bill granting a teo-wee5s
vacation with pay each year TO each en-
ploye of the state and the various civil
subdivisions thereof was passed by the
Assembly without debate
In the Senate to-day Senator Hubbs's
bill aimed at the third degree' aroused
bitter discussion. which finally resulted
in laying aside the bill. This measure
amends the code OF criminal procedure
so that any confession made by a person
accused of crime would be ineffective un-
less made IN the presence Of his counsel.
Senator Hinman brought on the discus
sion by declaring his opinion that this bill.
IL IL became Law, would hamper district
attorneys very greatly.
Senator Bracket thereupon made an i'm
passioned speech about protecting the lib
critics OF every man guaranteed under the
old Anglo-Saxon system Of Jurisprudence.
He inveighed against prosecutors with
hands irbrued in blood and other male
factors OF similar tendencies.
Senator StiiwelI said the bill was intended
TO do away with the third degree and its
passage should not be delayed. Senator
Caffrey said that Judge Grain, Of the Court
of General Sessions, recently criticized the
third degree bitterly in connection with
a prisoner who had been kept without food
for twenty-four hours.
"Well, If there's anything which Is dis
gracing this country it's the administration
of our criminal law said Senator Hinman-
II have no sympathy with this third de-
gree That can be reached another way.
But this bill would absolutely prevent the
confession of a prisoner save in the pres
ence OF his counsel. Scandal and disgrace
In the administration of the criminal law
and the courts would result"
'Oh. YES. it's the proper thing now 10
convict men under whip and spur. re-
torted Bracket, but I deny that it's
scandal OF wrong 20 sift every bit of evi-
dence TO the bottom. One of the greatest
scandals now Is the disposition OF men on
the bench in New York to ride TO con-
viction every man who comes before them.
I'd make il so hot for them that they'd
have to leave the bench. In the last four
months men have been convicted whose
convictions were a great scandal In the
public mind"
The bill was made a special order for
final passage next Wednesday.
Senator Brackett served notice to-day
that at some future time he would move
to suspend the Senate rules TO pass out or
its order the local option bill. of which he
is custodian this year. The bill now is in
the Committee on Taxation. 1t provides
for local option with the county as the
unit.
The Senate judiciary Committee tonight
reported the Assembly bill amending the
Public Service Commissions law by defin-
Ing and broadening the powers OF the com
missions as 10 transfers, joint rates and
pO"CAS ONNA iAShNAAe ~SA4i-
panies and the like. Most of the matters
treated in this bill have come up as the
result Of the experience OF the two COM
missions, which showed changes necessary
in the original law.
Also that committee reported the en-
ployers' liability commissions bill, amended
broadly along the lines suggested at re-
cent hearings by labor union representa-
tiyes.